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                                                                                                                   martoo
                                                                                                                   consulting _
               PROPOSAL REPORT                                                                                                      pty Itd
                                                                                                                  town planners +
                                                                                                                  urban designers
                                                                                                                  +
                                                                                                                       surveyors
               Development Application seeking a                                                                       ABN: 62287 949 725




               Application for Material Change of Use
               -
                 Entertainment & Dining Business                                                              -




               Type 1 Food & Beverages (Outdoor
               Dining) at
               90 Noosa Parade, Noosa Heads and described as
               Lot 32 on N21854




               Applicant:
               Ogilvie Bacon Trust
               Prepared: January 2013                                                       R01290            -
                                                                                                                   A

                                                                                                                                              .-




    oSUNSHINE COAST OFFICE                                                  0GYMPIE OFFICE
         1/199 GYMPIE TERRACE NOOSAVILLE - PO BOX 1684 NOOSA HEADS Q 4567    38 NASH STREET GYMPIE        -
                                                                                                              PO BOX 391 GYMPIE Q 4570
         TELEPHONE 0754555425     FACSIMILE 0754555725
                                     -
                                                                             TELEPHONE 0754827440             -
                                                                                                                  FACSIMILE   0754824952
         [email protected]                                            [email protected]

Page 3

..
,




     Application for Material Change of Premises for
     Entertainment & Dining Business Type 1 Food &                             -




     Beverages (Outdoor Dining)




     Prepared for
     Ogilvie Bacon Trust




     Prepared by
     Martoo Consulting Pty Ltd
     13/6 Bottlebrush Ave Noosa Heads Q 4567 PO Box 1684 Noosa Heads Q 4567
     T +61 754472550 F +61 754553322




     @ Martoo Consulting Pty Ltd 2010


     The information contained in this document produced by Martoo Consulting Ply Ltd is solely for the use of the Client
     identified on the cover sheet for the purpose for which it has been prepared and Martoo Consulting Ply Ltd undertakes no
     duty to or accepts any responsibility to any third party who may rely upon this document.

     All rights reserved. No section or element of this document may be removed from this document, reproduced,
     electronically stored or transmitted in any form without the written permission of Martoo Consulting Ply Ltd.

     01290/MCU Proposal Report Jan 2013

Page 4

{Proposal Report         Proposed Material Change o(Use o(Prernises (or Entertainment & Dining Business Type I Food & Bevelllges over Land situated at 90
                                                                                                          -




                         Noosa Parade, Noosa Heads and described as Lot 32 on N21854

 Applicant:              Ogilvie Bacon Partnership



 Contents

 1            Introduction                                                                                                                  2


 2            Basic Information                                                                                                             3

 3            The Characteristics of The Site,............................................................................4

              3.1        Site Characteristics................................................................................................4

              3.2        Existing Infrastructure Servicing the Site................................................................4
              3.3        Site Contamination ................................................................................................4


4             The Characteristics of the Surrounding Environment

              4.1        Description of Land Uses Adjacent to the Site and within the Surrounding Area.....5
              4.2        Surrounding Road Network....................................................................................6


5             Background.................................................................................................................7

6             The Proposal...............................................................................................................8

7             Development Assessment......................................................................................10
              7.1        Statutory Instruments.............................................................................................10
              7.2        Noosa Plan                                                                                                         10

                    7.2.1            Noosa Heads Locality...............................................................................10

                    7.2.2            Applicable Codes......................................................................................11
              7.3        Trust Land Management Plan 2012.......................................................................19




8             Conclusion...................................................................................................................20


Annexure                                                                                                                                    21

Appendix A:              Proposal Plans
Appendix B:              Hayes Traffic Engineering            -
                                                                 Traffic Engineering Report

Appendix C:              Trust Land Management Plan                -

                                                                       Quamby Place 2012




 ..
 ~ martoo consulting         -
                                 Town Planning + Urban Designers + Surveyors + Development Managers                                              1

Page 5

JProposal Report      Proposed Material Change of Use ofPremises for Entertainment & Dining Business Type I Food & Beverages over Land situated at 90
                                                                                                 -




                      Noosa Parade, Noosa Heads and described as Lot 32 on N21854
 Applicant:           Ogilvie Bacon Partnership




 1            Introduction

 This  planning report has been prepared for Ogilvie Bacon Partnership being the applicant of a
 development application for a Material Change of Use of Premises seeking approval for existing outdoor
 dining areas within Sound Park at Noosa Heads. The subject site is described as part of Lot 32 on
 N21854 and is within the former Noosa Shire now part of the Sunshine Coast Council.


 The     proposed development of this site constitutes ’development’ as defined by Section                                      7 of the
 Sustainable Planning Act 2009. This development application seeks a Development Permit for a Material
 Change of Use of Premises for Entertainment & Dining Business Type 1 Food & Beverages. The  -




 proposal is deemed impact assessable development under the provisions of the Noosa Plan 2006 and
 the Sustainable Planning Act 2009.


 This planning report covers the following matters in order to assist the assessment of this development
 application:
        .          Section 2:      The basic details of the application as extracted from certain parts of the
                                   application forms;
        .          Section 3:      A description of the subject site;

        .          Section 4:      A brief description of the locality surrounding the subject site;

        .          Section 5:      An explanation of the proposal;

        .          Section 6:      An assessment of the proposal against the Noosa Plan 2006; and

        .          Section 7:      A conclusion that provides summary grounds, which support the approval of

                                   the application as proposed.


 The Sunshine Coast Regional Council is the Assessment Manager for this development application.


 Any words or terms are shown in italic font in this proposal report, refer to either relevant state legislation
 direct quotes from this planning scheme as indicated. Words in bold font refer to definitions as detailed
 by the Noosa Plan.

 The report concludes that the proposed use of the park for outdoor dining purposes is consistent with the
 community expectations of the park, the intent of the Draft The Sound Management Plan 2012 and
 existing outdoor dining permits.




 ill
 ~ martoo consulting     -
                             Town Planning + Urban Designers + Surveyors + Development Managers                                             2

Page 6

j
Proposal Report   Proposed Material Change ofUse of Premises for Entertainment & Dining Business Type I Food & 8evemges over Land situated at 90
                                                                                             -




                  Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant:        Ogilvie Bacon Partnership




2            Basic Information

Basic information relating to this development application includes:




Applicant:                                      Ogilvie Bacon Partnership
                                                C/- Martoo Consulting, PO Box 1684, Noosa Heads Qld 4567



Address of Site:                                90 Noosa Parade, Noosa Heads



RPD of Site:                                    Lot 32 on N21854



Owners:                                         Sunshine Coast Council as Trustee



Area of Site:                                   3050m2



Current Use of Site:                            Park and Outdoor Dining



South East Queensland
Regional Plan:                                  Urban




Planning Locality:                              Noosa Heads



Zone:                                           Open Space Recreation


Overlays:                                       Natural Hazard: Bushfire & Acid Sulfate Soils Overlay                  -

                                                                                                                           High Potential
                                                Acid Sulfate Area 0-5m AHD


                                                Natural Hazard: Landslide & Flooding Overlay                 -
                                                                                                                 Area Subject to
                                                Min Floor Height


                                                Biodiversity Overlay       -

                                                                               Riparian Buffer Area


Proposal:                                       Entertainment & Dining Business                  -
                                                                                                     Type 1 Food &
                                                beverages


Approvals Sought:                               Development Permit for Material Change of Use of Premises


Administering
Authority:                                      Sunshine Coast Council



Referral Agencies:                              Nil



Consultants for                                 Town Planners:                               Martoo Consulting
development application:


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~ martoo consulting   -
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Page 7

)
Proposal Repon       Proposed Material Change of Use of Premises for Entertainment & Dining Business Type / Food & 8evemges over Land situated at 90
                                                                                                                -




                     Noosa Parade, Noosa Heads and described as Lot 32 on N2/854

 Applicant:          Ogilvie Bacon Partnership




 3              The Characteristics of The Site and Surrounds

 3.1           Site Characteristics

 The land the subject of this application (to be known as the site) is located at 90 Noosa Parade, Noosa Heads
 and described as Lot 32 on N21854. The site is of a rhomboid shape with an area of 3050m2 and is relatively
 level.


 The Noosa Sound Park currently occupies the site and includes a passive landscaped park area with
 playground equipment and seating as well as four defined outdoor dining areas associated with premises
 located in the adjoining commercial building known as Q Place.


 The map below indicates the sites location.


                                                       Nc>os-;i Spit
                                                       RiM:reation
                                                        Reserve                                                                                                                                 -I
                                                                                                                                                                                             .
                                                                                                                                                                                                 ~~:




           I    Subject site

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 3.2           Existing Infrastructure Servicing the Site

 The subject site currently has access to all infrastructure that commonly service urban residential development.
 This infrastructure includes Council water      supply, reticulated sewerage, underground telecommunication
 services, underground electricity supply and associated street lights, stormwater drainage, bitumen roadway
 and kerb and channelling along the Noosa Parade frontage of the site.


 A footpath is provided along the Noosa Parade frontage.




 3.3           Site Contamination
 The site is not       on   the Environmental         Management Register, established under the Environmental
 Protection Act 1994 and to the best of our knowledge is not contaminated.




 ~      martoo consulting.. Town Planning + Urban Designers + Surveyors + Development Managers                                                                                           4

Page 8

)
Proposal Report       Proposed Material Change of Use of Premises for Entertainment & Dining Business Type I Food & Bevemges over Land situated at 90
                                                                                                 -




                      Noosa Parade, Noosa Heads and described as Lot 32 on N21854

Applicant:            Ogilvie Bacon Partnership



4            The Characteristics of the Surrounding Environment

4.1          Description of land Uses Adjacent to the Site and within the
             Surrounding Area

It is important to appreciate the existing land uses in the locality surrounding the subject site. These existing
uses are     clearly characterised by a mixture of residential uses and commercial activities.

More specifically those lots that actually abut the subject site are currently used the following purposes:

             .    to the north      -
                                           Noosa River

             .    to the east   -
                                           Multiple Storey Units       -
                                                                           Noosa Shores Resort

             .    to the south      -
                                           Multiple Storey Holiday Units Noosa Terraces
                                                                                    -




                  to the west    -
                                           Q Place     -
                                                           Two Storey Commercial Development including shops, restaurants
                                           and offices

The aerial photograph below illustrates the site location and surrounds.




As indicated   by the aerial photograph above, the area to the west of the site along Quamby Place is
predominantly holiday resort accommodation with carparking available within the road reserve.               Unit
developments    are also located to  the east  and  south of the site. Figure 3 below provides photograph
                                                                                              a           of the
adjoining unit complex  to the north  east of the site.




it;.
= martoo consulting      -
                             Town Planning + Urban Designers + Surveyors + Development Managers                                             5

Page 9

;
Proposal Report   Proposed Material Change of Use ofPrernises for Entertainment & Dining Business Type I Food & Beverages over Land situated at 90
                                                                                              -




                  Noosa Parade, Noosa Heads and described as Lot 32 on N21854

Applicant:        Ogilvie Bacon Partnership




4.2          Surrounding Road Network

The site is located off Noosa         Parade, which connects to Hastings Street and Noosaville.                            Sunshine Coast
Council administers this road.




                           .




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                          Town Planning + Urban Designers + Surveyors + Development Managers                                             6

Page 10

Proposal Repon   Proposed Material Change of Use of Premises for Entertainment & Dining Business   -
                                                                                                       T’f I Food & Beverages over Land situated at 90
                 Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant:       Ogilvie Bacon Partnership



5.0          Background

Outdoor Dining Permits in Sound Park were issued by Noosa Council pursuant to the applicable local laws
relevant at the time of the approval in relation to several tenancies located on the adjoining commercial
tenancies. These Outdoor Dining Permits were issued annually by Council and no planning approvals or
approval from the State were obtained for use of the public parkland. These permits have been in place for
over 10 years as demonstrated by the Ricky Ricardo’s restaurant (Lot 10 Q Place) which was purchased in

2003 with a long term tenant that had operated its business prior to 2003 and at that time had the benefit of
Outdoor Dining Permits over the parkland.


Outdoor Dining Permits approved in association with the adjoining commercial premises located on Q Place
include:


        Lots 8, 9 and 10- Outdoor Dining Permits current to 30 June 2010. From 1 July 2010, an informal
                                 arrangement has existed pursuant to which the use for outdoor dining has continued
                                 with the agreement of Sunshine Coast Regional Council.   Improvements constructed
                                 within the park include paved areas and shade structures over the outdoor dining
                                 area. These improvements have been approved by Sunshine Coast Regional

                                 Council.


        Lots 3 and 4   -
                                 Sunshine Coast Regional Council approved construction of outdoor dining areas in
                                 2010 however construction was subsequently stopped by Council.


The outdoor dining areas associated with Lots 3 and 4 include approved paved areas (constructed)located
within the park and approval to construct shade structures in accordance with plans approved by Sunshine
Coast Regional Council. There are no current Outdoor Dining Permits for Lots 3 and 4.


In late 2009, Council received a complaint from a nearby premise in relation to loss of amenity in terms of
noise from premises not operated by the applicants. A complaint was also received in relation to the use of
public land for private use. Council investigated the complaints and determined to put in place the above
informal licensing arrangements pending a permanent resolution.


Council resolved in August 2010 to prepare a Land Management Plan for the parkland in an effort to resolve
the issues between affected parties and to address the commercial use of part of the parkland.




#I-
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Page 11

Proposal Report               Proposed Material Change o(Use o(Premises (or Entertainment & Dining Business         -
                                                                                                                        Type I Food & Beverages over Land situated at 90
                              Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant:                    Ogilvie Bacon Partnership



6.0          The Proposal

The applicants seek approval for the use of five existing paved outdoor dining areas located in Sound
Park, Noosa Parade. The outdoor dining areas are located adjacent to approved restaurant tenancies
located on the adjoining site to the west known as QPlace. Attachment A provides a plan of the

proposed outdoor dining areas.

The outdoor dining areas and adjoining restaurant uses are detailed below:

                                                                                                                           ..                                                           _...   .




    Tenancy              ~.   ?.                 Area         of          Existing situation                  ~~’W-             Proposal     .’-’1’..rJ;;h ~I’;~:jr"’~\.
                                   ,,::                             ~                              ("l~~":’1,   l;:,.:ii
                                     ,           Outdoor Dining                                        ~".h:1-~.~,"4.
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    Lot      2    Rock                           24 m<                    shade structure                                       To be retained
    Salt


    Lot 3 Vacant                                 21 m’                    concrete pad                                          proposed shade structure               -




                                                                                                                                previously approved by Council
                                                                                                                                under local laws permit
    Lot 4 Shop                                   24 m<                    concrete pad                                          proposed shade structure               -




                                                                                                                                previously approved by Council
                                                                                                                                under local laws permit
    Lot    8 and    9                            38 m"                    shade structure over part of area                     Shade      structure     to        be
    Woodfire Grill                                                                                                              completed over Lot 9                   -




                                                                                                                                previously approved by Council
                                                                                                                                under local laws permit
    Lot 10 Rickys                                51 m"                    shade   structure    -
                                                                                                   previously                   To be retained
                                                                          approved


The total use area for outdoor dining equates to 5% of the park for commercial activities.


All the outdoor dining  areas are currently paved and separated from the park by existing landscape

garden beds and landscape retaining walls. The outdoor dining areas attached to Lots 2, 8 and 10 are
also covered by means of a shade structure. The owners of Lots 3 and 4 have approval from Council to
construct shade structures on those two lots and seeks Council’s confirmation to proceed with the
construction of those shade structures in accordance with the plans approved by Council.




If.
= martoo consulting                       -
                                              Town Planning + Urban Designers + Surveyors + Development Managers                                                         8

Page 12

!
Proposal Report    Proposed Material Change of Use of Premises (or Entertainment & Dining Business Type I Food & Beveroges over Land situated at 90
                                                                                               -




                   Noosa Parade, Noosa Heads and described as Lot 32 on N21854

Applicant:         Ogilvie Bacon Partnership




Existing pathways around the park and adjoining site will be retained as will all existing vegetation within
                               .




the park.


The applicant indicates that the outdoor dining areas are to be used in conjunction with the restaurants to
the west of the park and will operate at similar times. In this regard, operating hours for the outdoor dining
area are     proposed to be 11 am to 12 midnight, 7 days a week. These hours of operation are consistent
with the existing outdoor dining approvals for the site.


Carparking for the outdoor dining areas is able to be provided within Qplace and Quamby Place with most
patrons, walking or using public transport to the premises.

All waste generated from the use will be disposed of in accordance with the adjoining restaurants waste
management regime. No waste will be disposed of within the park area.




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~ martoo consulting   -
                          Town Planning + Urban Designers + Surveyors + Development Managers                                              9

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i
    Proposal Report      Proposed Material Change af Use of Premises (or Entertainment & Dining Business Type I Food & Beverages over Land situated at 90
                                                                                                                          -




                         Noosa Parade, Noosa Heads and described as Lot 32 on N21854
    Applicant:           Ogilvie Bacon Partnership



    7            Development Assessment

    7.1          Statutory Instruments

    The provisions of the State Planning Policies have been incorporated into The Noosa Plan with the
    exception of the State Planning Policy 2/10: Koala Conservation in South East, State Planning Policy
    5/10: Air, Noise and Hazardous Materials 2010 and State Planning Policy 4/2010: Healthy Waters; and
    State Planning Policy 1/12: Protection of Queensland’s strategic cropping land.


    The site does not trigger assessment against these Policies as the site is not mapped                                                                   as    containing
    relevant vegetation or cropping land.


    In terms of the State Planning Policy 4/2010 Healthy Waters is not required as the area is below the
    required threshhold.

    The South East Queensland               Regional Plan includes the site in urban footprint and the proposal is
    consistent with this designation.




    7.2          Noosa Plan 2006


    7.2.1 Noosa Heads Locality


    The Noosa Plan includes the site in Noosa Heads Locality and provides the site with an Open Space                                                                       -




    Recreation zone. An extract of the zoning map for the Planning Area is detailed below.




                                                                                 -    -
                                                                                          I   Locality
                                                                                                             -
                                                                                                                          "_’or Road Network          ODetached Housing
                                                                                 I            Boundarl..
                                                                                     _   _                   ~            R.ltwlyLln.                 iI:-:!~~...,~slng
                                                                                 D ~o:d~’e.                  _    _   .
                                                                                                                          NooqShlr.                   .Yl    MbtedU..

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    The Noosa Plan defines a Commercial Business                      -   Entertainment and dining business Type 1 Food &
    beverages as follows:

            Entertainment and dining business means the conduct of a business activity, where entertainment,
            amusement, recreation or meals are afforded. The term includes the following types:

                 Type 1 Food & beverages
                 The use of premises involving the sale of food and beverages for consumption on the premises. The
                 use class includes a function room or restaurant or caf with dining facilities for 10 or more people.



    The assessment table for the Open Space Recreation zone indicates that Type 1 Food & Beverages
    uses are inconsistent        impact assessable development.




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<.
     Proposal Report         Proposed Material Change o(Use o(Premises (or Entertainment & Dining Business Type I Food & Beverages over Land situated at 90
                                                                                                        -




                             Noosa Parade, Noosa Heads and described as Lot 32 on N21854
     Applicant:              Ogilvie Bacon Partnership


     7.2.2 Applicable Codes


     The proposed           use   is indicated as being impact assessable and is required to be assessed against the
     provisions of the entire Noosa Plan.                   The Codes that are most relevant with                  regard to this proposal
     include the:


                       .   Noosa Heads Locality Code
                       .   Business Uses Code
                       .
                           Engineering Works Codes
                       .   Landscaping Code


                  7.2.2.1 Noosa Heads Locality Code


                  A review of the proposal against the Overall Outcomes of the Noosa Heads Locality Code is
                  relevant as the proposal is an inconsistent use in the Open Space Recreation zone. In this regard
                  the proposal has been reviewed against those Outcomes which are considered relevant to the
                  site.


                          The overall outcomes sought for the Noosa Heads Locality are the following-


                       a) New uses and works are located, designed and managed t~
                           i be compatible with other uses and works;
                           ii maintain the safety ofpeople and 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;


                  The proposed use of the park for outdoor dining is compatible with the adjoining restaurant uses
                  located at OPlace and are indicated by the applicants as being integral to the success of each of the
                  adjoining restaurants. This compatibility is further demonstrated by Community Consultation
                  undertaken as part of the preparation of a Management Plan for the park where 98% of respondents
                  approved of use of the park for commercial outdoor dining.

                  The use of the park for outdoor dining improves the safety of people in the area through nighttime
                  operations which increases surveillance in the area.

                  The proposed use of the park is considered to be complimentary to the amenity of the park due to
                  activation and use of the park, passive surveillance and contribution to the vitality of the area. The
                  proposed outdoor dining areas are located along the western boundary of the park and are surrounded
                  by landscape features that screen the areas whilst ensuring the dominant sight lines to the river are
                  maintained. No amplified music is utilised on site and the dining area are up to 39 metres away from
                  residents to the east.


                  The outdoor dining areas will not impact on the natural environment as stormwater will drain to the park
                  and no vegetation will be affected.




                       b) Noosa Heads remains a primary focus for Visitor accommodation and associated
                       services in Noosa;


                  The proposed use of the park for limited outdoor dining provides additional services for visitors to the
                  area.



                       q) For the Neighbourhood Centre Zone-The Ouamby Place Neighbourhood Centre-

                             i forms a focal point for the local community and visitors, provides services and facilities to meet
                             their day-to-day needs;
                             ii provides Business Uses that respect the existing residential amenity of visitors and residents
                             within and surrounding the development; and
                             iii provides Business Uses that are of a scale and character consistent with the locality and
                             Noosa’s retail hierarchy;



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Proposal Report          Proposed Material Change of Use of Premises for Entertainment & Dining Business Type I Food & Beverages over Land situated at 90
                                                                                                     -




                         Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant:               Ogilvie Bacon Partnership


             The outdoor dining area, associated restaurants and park create a focal point for the area by providing
             convenience goods as well a dining facilities for tourists and residents. The scale of the uses on the site
             are consistent with the             adjoining commercial activities and service the surrounding area.

                    t) For the Open Space Recreation Zone-areas of open space contribute to the desired lifestyle of
                    residents by offering a variety of passive and active recreational experiences that are conducive to
                    community interaction and wellbeing;

             The proposed use of the park for commercial dining provides a complimentary experience for users of
             the park by enabling patrons to passively enjoy the visual amenity of the park. The dining areas do not
             limit the use of the park for recreational purposes and enhances the potential for community interaction.


             Noosa Heads Locality Code


              Division 1~Specltic Outcomes and Probable Solutions for the                       ~                           -~   ~
                                                                                                                                     ~   .~~ ~
              NOOH Heads Locality                                                           ~                                             D~~


              Specltic Outcome                       ",...   Probable Solution                           Proposal Reaponse           ,     ~~.

              Amenity
              01 Uses are located, designed and              No solution provided.                       Dining areas are located adjacent to
              operated to avoid significant adverse                                                      existing     approved       restaurant

              changes to the light, air quality, noise,                                                  tenancies in Qplace and blend into
              accessibility, or other conditions                                                         the existing park setting through the
              enjoyed by users of associated,                                                            use   of landscaping and timber
              adjoining or nearby uses.                                                                  features. No lighting is proposed for
                                                                                                         the outdoor dining areas with existing
                                                                                                         landscaping retained to screen the
                                                                                                         use from   residential area to the east
                                                                                                         of the site.

              Major road network
              02 The visual amenity and character            No solution provided.                       Dining areas located approximately
              surrounding the major road network,                                                        17 metres back from Noosa Parade
              including Sunshine Beach Road                                                              road  frontage and footpath areas.
              (David Low Way), Eenie Creek Road,                                                         Existing landscaped areas within the
              Noosa Drive and Noosa Parade, is                                                           park screens the areas from the road
              protected and enhances the                                                                 way.
              entrances to Noosa Heads through-
              a) retaining and enhancing the visual
              and physical separation of Noosa
              Heads from neighbouring localities;
              b) ensuring future development does
              not encroach upon existing vegetation
              within the road reserve; and
              c) utilising dense landscaping and
              earth mounding (rather than fencing
              and walls) for visual screening and
              noise attenuation;
              AND
              03 Development             generates traffic   No solution provided.                       The    surrounding   road network      has
              demands that         are    consistent with                                                demonstrated that it is     capable of
              the    future   capacity of the road                                                       supporting the existing uses on site.
              network.



              Scenic vistas
              04Aesthetic and cultural values of             No solution provided.                       Complies       as
                                                                                                                        -
                                                                                                                            detailed   above
              the natural landscape are maintained                                                       existing vegetation screens areas
              through protecting important scenic                                                        from the street and public areas of
              vistas-                                                                                    the park. Further the existing vista
             a) from the streets, beaches and other                                                      through the park to the river is
             public spaces;                                                                              maintained and not affected by the
             b) to the ocean, river, coastal                                                             dining areas.
             lowlands and the vegetated backdrop
              of Noosa Hill;
              c) within Little Cove- vistas over
              Laguna Bay and to the Noosa
              National Park and the vegetation
              stands, part of the hills and sand
              dunes;
              d) within Cooloola and Weyba Park
              Estates-
              the scenic view of Noosa National
              Park and Weyba Creek; and
              e) within Noosa Sound- vistas
              across Noosa River.

              Density

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Proposal Report        Proposed Material Change of Use of Premises for Entertainment & Dining Business Type ,Food & Beverages over Land situated at 90
                                                                                                    -




                       Noosa Parade, Noosa Heads and described as Lot.32 on N21854
Applicant:             Ogilvie Bacon Partnership


              06 The density of development within       No solution provided                           Complies density is consistent with
                                                                                                                       -




             the site area-                                                                             surrounding low key building form.
             a) is compatible with surrounding                                                          Lightweight structures covering the
             development; has                                                                           dining areas are also consistent with
              c)a low site impact to enhance the                                                        the open landscaped character of the
             opportunity to maintain natural site                                                       park.
             characteristics, including native
             vegetation and natural landforms.

             Height
             07Buildings and other structures-           57.1 Buildings and other structures            Complies
             a)present a building height consistent      have a maximum building height of-
             with structures on adjoining and            for any other zone-- 8m;
             surrounding land do not visually
             dominate the street or surrounding
             spaces;
             d) preserve the amenity of
             surrounding land;
             e) respect the scale of surrounding
             vegetation;
             f) respond to the topography of the
             site by minimising cut and fill (eg.
             stepping down the site or using a
             suspended pole construction); and
             g)    maintain     a     mature
             vegetated skyline.
             Setbacks
             08 Buildings and other structures are       58.1 Buildings and structures comply           A 17 metre front setback is provided
             appropriately designed and sited to--       with the minimum setbacks identified           to     the     Noosa       Parade     frontage
             a) provide amenity for users of the         in Schedule 1     -
                                                                               Minimum   Boundary       consistent with scheme provisions.
             premises as well as preserve the            Setbacks.
             visual and acoustic amenity of                                                             Whilst    a    side   boundary setback of
             adjoining and nearby properties;            Front: 10 metres                               3.0 metres is usually required, in this
             b) provide adequate distance from           Other: 3 metres                                instance the outdoor dining areas are
             adjoining land uses                                                                        located        abutting    the    commercial
             c) preserve any existing vegetation                                                        zoned land due to the             relationship
             that will buffer the proposed building;                                                    with     the     kitchen      areas   of   the
             d) allow for landscaping to be                                                             restaurant.            This      setback    is
             provided between buildings;                                                                considered appropriate and provides
             e) maintain the visual continuity and                                                      a    39 metre separation to residential
             pattem of buildings and landscape                                                          uses to the east.
             elements within the street;
             f) protect public safety and property
             within erosion prone areas by
             ensuring such areas are maintained
             largely free of development;
             and
             g) help protect the natural character
             and visual amenity of coastal areas
             and watercourses.
             Site cover, gross floor area and
             plot ratio                                  No solution provided                           Complies     proposed built form is
                                                                                                                       -




             09 The site cover, gross floor area                                                        lightweight and presents as a
             and plot ratio of buildings and other                                                      landscaped pergola to park and
             roofed structures-                                                                         surrounding area.
             a) results in a building scale that is
             compatible with surrounding
             development;
             b) does not present an appearance of
             excessive bulk to adjacent properties,
             roads or other areas in the vicinity of
             the site;
             c) maximises the retention of existing
             vegetation and allows for soft
             landscaping between buildings;
             d) allows for adequate area at ground
             level for outdoor recreation,
             entertainment, clothes drying and
             other site facilities; and
             e) facilitates onsite stormwater
             management and vehicular
             access.

             Open space network
             021 The integrated open space               521.1 Open space corridors and                 Not applicable
             network is established, enhanced and        existing native vegetation in areas
             protected throughout the locality to--      indicated in Schedule 5   Map 4 are
                                                                                     -




             a) provide for both passive and active      protected from fragmentation and
             recreational pursuits;                      encroachment by development.

                                                                                                .




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                              Town Planning + Urban Designers + Surveyors + Development Managers                                                         13

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.

Proposal Report           Proposed Material Change of Use of Premises for Entertainment & Dining Business                                          -
                                                                                                                                                       Type ,Food & 8evemges over Land situated at 90
                          Noosa Parade, Noosa Heads and described as Lot 32 on N21854

Applicant:                Ogilvie Bacon Partnership


              b) provide connectivity for pedestrians
              and cyclists;
              c) provide access to community uses
              and buildings, public open space and
              recreation areas, the beaches, Noosa
              National Park and Noosa River;
              d) provide habitat connectivity for
              wildlife;
              e)protect watercourses and drainage
              lines;
              f) protect vegetation on steep slopes;
              and
              g) form a scenic backdrop for
              residential development.
              AND
              022 Physical and visual links between
              public open space areas and
              watercourses are retained.
              Watercourses
              025 The environmental, economic,                No solution provided                                                                       Complies
              amenity and transportation values of
              the Noosa River system are
              protected.

                                                                                                                                                                                                        I.:
              Division 15-Speclfic Outcomes and Probable Solutions for the Open Space Recreation zone                                                                                                            UII’- t".I-

              S     ific Outcome                              Probable Solution                                                                          Proposal Response
              092 Buildings and structures are                No solution provided.                                                                      Proposed    outdoor    dining  areas

              designed and sited to---                                                                                                                   provide an area for the community to
              a) encourage the co-locating of a                                                                                                          meet and interact as well                               as         further
              range of Open space uses;                                                                                                                  enhancing casual surveillance                                             over

              b) be attractive, comfortable and                                                                                                          the park.
              accessible to the public; and
              c) provide suitable landscape                                                                                                              The    dining   areas      provide    a

              treatment, seating, lighting and other                                                                                                     complimentary facility to the park that
              amenities conducive to community                                                                                                           is consistent with the intent of the
              interaction and convenience and                                                                                                            locality                  in   providing      visitor                     and
              public safety.                                                                                                                             resident services.




              Environmental values
              093 Where land within the Open                  No solution provided.                                                                      Complies     dining areas do not.
                                                                                                                                                                                    -




              Space Recreation Zone has natural                                                                                                          impact on the environmental values
              environmental values, these values                                                                                                         of the area.
              are protected against any

              development impacts and determine
              the suitability of any land use;
              AND
              094 Only uses that do not adversely
              impact on the natural environmental
              values of the land are established.




             7.2.2.2 Business Uses Code


             The  proposal has been reviewed against the provIsions of the Business Uses Code and is
             considered to comply with the relevant requirements as detailed in the table below.


             Whilst it is noted that site does not fall within a designated centre under the hierarchy of centres
             of the Noosa Plan, an examination of the criteria is considered relevant to the proposal.

             Business Uses Code
                                                                                                            --                                     -
                                                              ~..
                                                                                                  ~’,"].>               ....                ,I.,       ~-’--~   -A.’-’
                                                                                         .,W7’-                  --;;
              Table 14-8 For all Business Uses                                                                                 ";’I~’~’~~                                                                           >;
                                                           ~~.~ ;i,::;~r-~:-:~.~J:~:~~                                    ’,’,
                                                                                                                                                                         ~~~~-’_~~r~:,’ii:~~           ~.’;,rJ~
                                                                                                                                                                             ~:~~’!i-.:t",~’1i,~2~’~_ z:x~ :.,~.-)[    oj;: ’f’-
                                                                                                                                                                  ,’,-   ’.,’<:~                        ,’....   ...               ,.




              Electricity infrastructure
              018 The development does not                    S18.1 No solution provided                                                                 Existing  supply     adequate                                             for
              adversely impact on existing or future                                                                                                     development on site.
              electricity supply infrastructure; AND
              019 All uses and works maintain an              S19.1 Development for uses adjacent                                                        Not applicable
              adequate safe distance from                     to or within 50m of an existing
              electrical infrastructure including             electricity substation incorporates
              substations, overhead powerlines,               noise attenuation measures to
              power poles and transformers.                   mitigate noise impacts;
                                                              AND
                                                              519.2    Buildings and    structures                                                       Complies
                                                              (including swimming pools, sheds,
                                                              tennis courts and outbuildings) are

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                                 Town Planning + Urban Designers + Surveyors + Development Managers                                                                                                                                     14

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Proposal Report        Proposed Material Change of Use ofPremises for Entertainment & Dining Business Type I Food & Beverages over Land situated at 90
                                                                                                     -




                       Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant:             Ogilvie Bacon Partnership


                                                         not    constructed     under   overhead
                                                         electricity transmission lines, or within
                                                         electricity easements.
             Noise
             020 Development is designed and             No solution provided                            Outdoor dining areas are located
             sited to avoid noise emissions that                                                         approximately 39 metres from
             unreasonably diminish the amenity of                                                        adjoining residential unit complex to
             the area or surrounding uses.                                                               the east which has limited windows
                                                                                                         and open decks that may be affected
                                                                                                         by noise.

                                                                                                         Applicant has instigated a noise
                                                                                                         management plan to ensure any
                                                                                                         noise emissions       are   reduced.   No
                                                                                                         amplified music will be used in the
                                                                                                         park area.

             Mechanical plant and equipment
             and storage areas
             021 Mechanical plant and equipment          521.1 Mechanical plant and                      No mechanical plant proposed
             (including air conditioning equipment)      equipment are-                                  on site.

             and storage areas are designed and          a) located more than 2m from any
             located to-                                 property boundary;
             a) avoid adverse visual impacts when        b) where located at ground level,
             viewed from the street and adjoining        screened by fencing 1.5m in height or
             properties; and                             dense vegetation of at least 1.5m in
             b) visually integrate with the building     width incorporating grouped trees and
             design.                                     shrubs with maximum separation
                                                         distance of 1m measured from the
                                                         centre of the tree or scrub; and
                                                         c) are visually integrated into the line
                                                         and plane of the building and roof
                                                         design and do not project beyond the
                                                         height or width of the building when
                                                         viewed from the street and adjoining
                                                         properties; AND
                                                         521.2 For Industrial business and               Not applicable
                                                         Retail business    Type 3, materials
                                                         stored outside of a building do not
                                                         exceed 4m in height or half the
                                                         height of the on-site buildings
                                                         whichever is the greater.
             Safety and security
             022All property boundaries are              522.1 Boundaries are identified by              Existing boundaries clearly identified
             clearly identifiable with public and        such means as      -
                                                                                                         by    landscaping    and      existing
             private spaces clearly defined.             a) fencing; or                                  pathways.
                                                         b) changes in surface materials or
                                                         levels; or
                                                         c) landscape treatments;
                                                         AND
                                                         522.2 Loading and storage areas are             Existing loading areas on adjoining
                                                         well lit or can be locked after hours.          site (Qplace) will be utilised. No
                                                                                                         loading to be undertaken in park.

             023All premises and access routes           523.1 All premises are identified by            Complies
             are clearly identifiable to all persons,    the provision of the street number in a
             particularly emergency seNices              prominent location, preferably near
             personnel.                                  the site entry, (i.e. on the kerb or
                                                         letterbox or by signage on the
                                                         building or site).

             024 All building entries are designed       524.1 The number of entrances and               Not applicable as proposal relates to
             to be obvious and easily identifiable.      exits are limited and main building             outdoor     dining    area.      Existing
                                                         entrances/exits are located at the front        restaurant facilities adjoining the site
                                                         of the site, in view of the street. Where       clearly identified.
                                                         this is not possible, due to site or
                                                         existing building constraints, a well
                                                         defined path is provided to the
                                                         entrance/exit;
                                                         AND
                                                         524.2 All entrances/exits to buildings,         Not applicable as proposal relates to
                                                         are well lit and
                                                                        signed, and signage              outdoor     dining    area.      Existing
                                                         includes hours of operation;                    restaurant facilities adjoining the site
                                                         AND                                             clearly identified.
                                                         524.3 Entrances/exits are located to            Complies
                                                         provide a direct link to driveways and
                                                         carparking areas;
                                                         AND
                                                         524.4 Recessed doorways are                     Not applicable

III-
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                              Town Planning + Urban Designers + Surveyors + Development Managers                                                     15

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Proposal Report       Proposed Material Change or Use or Premises (or Entertainment & Dining Business   -
                                                                                                            Type I Food & Beverages over Land situated at 90
                      Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant:            Ogilvie Bacon Partnership


                                                          avoided where the recess is of
                                                          sufficient size to conceal a person.
                                                          Where recessed doorways are
                                                          unavoidable, measures are used to
                                                          enhance safety, as follows-
                                                          a) good lighting installed;
                                                          b) strategically placed mirrors
                                                          installed;
                                                          c) angled approaches provided; or
                                                          d) gates which restrict access
                                                          provided.
             025 Uses are arranged within                 525.1 Windows and main entrances                   Not applicable
             buildings and on sites to enable             are   positioned to allow for casual
             external areas to be monitored.              surveillance.
             026 Communal open space, including           526.1 Communal open spaces,                        Complies
             congregation and seating areas, is           including congregation and seating
             located where it can be monitored.           areas are situated where they are in
                                                          the line of sight of windows, doors
                                                          and/or balconies of buildings, or can
                                                          be seen from a street or other public
                                                          space.
             027 Buildings and structures are             527.1 Buildings or structures that are            Complies
             designed to minimise opportunities for       visible from a public street or
             vandalism.                                   laneway-
                                                          a) avoid the use of solid fences and
                                                          blank walls which attract graffiti.
                                                          Where solid blank surfaces are
                                                          unavoidable, measures in the form of
                                                          landscaping, creepers, murals, vandal
                                                          resistant paint, etc are used;
                                                          b) use toughened glass, security
                                                          screens and other measures (butnot

                                                          including security shutters that
                                                          obscure the view of shopfronts) are
                                                          used in windows which are provided
                                                          at ground level, to deter break and
                                                          enters; and
                                                          c) use hardy vandal proof materials
                                                          and anti-graffiti paint are used in the
                                                          construction of buildings.
             028 Lighting of appropriate intensities      528.1 Lighting of appropriate                     Muted mood lighting proposed.
             is provided to maximise safety.              intensities is provided which satisfies
                                                          the requirements ofAustralian
                                                          Standard AS1158: Public Lighting
                                                          Code, unless otherwise specified in
                                                          this Code;
                                                          AND
                                                          528.2 External lighting of a graduated            No external lighting proposed.
                                                          intensity is provided which starts at a
                                                          lower level of brightness at the
                                                          perimeter of the site and rises to a
                                                          higher level at the entrance to
                                                          buildings or at the centre of the site;
                                                          AND
                                                          528.3 Lighting is directed onto the site          Complies.
                                                          and away from neighbouring
                                                          properties;
                                                          AND
                                                          528.4 Vandal-resistant lighting is used           Complies
                                                          in public and publicly accessible
                                                          areas.



             029 Public toilets are designed and          529.1 Public toilets are located in high          Dining areas area associated with
             constructed to-                              traffic areas;                                    existing restaurant uses on the
             a) ensure the safety of all people           AND                                               adjoining site. Public toilets are
             using them; and                                                                                available of adjoining site.
             b) take advantage of informal
             surveillance from adjoining uses and         529.2 Features that may legitimise                Not applicable.
             activities,    discouraging        non-      loitering, such as seating or public
             legitimate uses.                             telephones are not located within 20m
                                                          of toilet entrances;
                                                          AND
                                                          529.3 Entrances to public toilets are             Not applicable.
                                                          visible from the street, footpath and
                                                          other activity areas on the site or
                                                          adjoining sites.
             030 Premises have accessibility to           530.1 Safe and convenient pathway                 Complies    -
                                                                                                                            bus stop located   along
             public transport.                            access is provided from the site to link          Noosa Parade.
                                                          to existina oathwav networks that

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                              Town Planning + Urban Designers + Surveyors + Development Managers                                                       16

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Proposal Report        Proposed Material Change of Use of Premises for Entertainment & Dining Business Type I Food & Beveroges over Land situated at 90
                                                                                                     -




                       Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant:             Ogilvie Bacon Partnership


                                                          services public transport facilities;
                                                          OR
                                                          530.2   Direct pathway access is
                                                         provided to the public transport facility
                                                         if the facility is contained on site or
                                                         within    50m     from   the   property
                                                          boundary
             031 Business Uses are designed               531.1 Safe and convenient cycle                Complies
             and constructed to encourage users           access to and from the site from the

             of the development to access the site       existing road and bicycle network, and
             by means offoot or bicycle through          safe bicycle movement within the site
             provision of appropriate end-oftrip         is provided;
             facilities including bicycle parking        AND
             and shower/change rooms                     531.2 Secure and convenient parking             Complies
                                                         space for bicycles is provided on site
                                                         in accordance with AS2890.3 Bicycle
                                                         Parking Facilities and Figure 14-1
                                                         Minimum Requirements for Bicycle
                                                         Parking;
                                                         AND
                                                         531.3 Where at least 5 bicycle                  Proposal able to comply with scheme
                                                         parking spaces are required in                  requirements.       Bicycle parking
                                                         accordance with Figure 14-1 Minimum             provided on adjoining site (Qplace).
                                                         Requirements for Bicycle Parking,
                                                         end-of-trip cycle facilities are provided
                                                         at the following rate:
                                                         a) 1 locker per 2 bicycle parking
                                                         spaces; and
                                                         b) 1 shower cubicle with ancillary
                                                         change rooms per 10 bicycle spaces
                                                         or part thereof,’

                                                         AND
                                                         531.4 Bicycle parking spaces and                Proposal able to comply with scheme
                                                         cyclist facilities are designed in              requirements.       Bicycle parking
                                                         accordance with AUSTROADS Guide                 provided on adjoining site (Qplace).
                                                         to Traffic Engineering Practice, Part
                                                         14   -
                                                                 Bicycles, Section 10;
                                                         AND
                                                         531.5 On-site pedestrian facilities             Complies
                                                         such as seating and shade structures
                                                         are   provided in developments for the
                                                         convenience ofpersons walking to the
                                                         site.



             5ite facilities
             032 Waste storage areas, extemal            32.1 Waste storage areas, extemal               Complies   -
                                                                                                                        existing approved refuse
             storage areas and loading docks do          storage areas and loading docks are             areas to be utilised on   adjoining site.
             not detract from the visual amenity of      situated to the rear of the building or
             the streetscape or cause nuisance to        under the ground;
             adjoining properties.                       OR
                                                         532.2 With the exception of the
                                                         access way, waste storage areas,
                                                         extemal storage areas and loading
                                                         docks are visually screened by
                                                         landscaping or fencing.
             Environment & heritage values
             033 There are no significant adverse        No solution provided.                           Complies   -
                                                                                                                     proposal will not impact
             effects on the biodiversity, natural                                                        on  surrounding environment and
             vegetation, native wildlife, habitats,                                                      stormwater will be run into existing
             landscape quality, water quality or                                                         landscaped areas.
             heritage values, including those
             related to--
             a) changes to natural drainage;
             b) disturbance to any of the wetland
             systems;
             c) management of landslide and fire
             risk;
             d) erosion and the transport of
             sediments offsite;
             e) unmanaged public access;
             f) effluent disposal;
             g) changes to fauna habitat and
             behaviour; and
             h) disturbance of buildings and
             features, including natural features,
             of heritage significance.




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Proposal Repon       Proposed Material Change of Use of Premises (or Entertainment & Dining Business Type I Food & Beverages over Land situated at 90
                                                                                                 -




                     Noosa Parade, Noosa Heads and described as Lot 32 on N2/854
Applicant:           Ogilvie Bacon Partnership



             7.2.2.3 Engineering Works Code


             The Planning Scheme details a carparking rate for Type 1 Food & Beverages of:


                       1 space per 20m2, or part thereof, of use area and outdoor dining area (excluding kitchen and
                       food storage areas)


             The proposal involves 158m2 of outdoor dining area which equates to 16 carparking spaces. No
             additional carparking is able to be    provided on site and the applicant has engaged a Traffic
             Engineer to assess carparking      requirements for the proposal a copy of which is included in
             Appendix   B. The traffic report concludes  that there is sufficient carparking within the surrounding
             area for the proposed use.



             The proposal is considered to meet the Specific Outcomes of the Driveways and                                   Carparking
             Code as detailed below:


                   Sufficient carparking is provided to accommodate the number and type of vehicles likely
                   to be generated by the development having regard to the specifics of the use including-


                   a) the type and intensity of land use;
                   The areas the subject of this application are located within Sound Park and provide and limited
                   outdoor dining areas in association with adjoining restaurant uses located in Q Place. The use is
                   limited to outdoor dining in a restricted and defined space in the park and represents 5% of the
                   actual land area of the park.


                   b) any existing parking available on the site;
                   No carparking is available within the park, however there is carparking available within Q Place
                   and within the road reserve around Quamby Place.


                   c) hours of operation;
                   The peak hours of operation are generally night time and weekends which do not coincide with
                   the peak times of the adjoining office uses in QPlace.


                   d) likely numbers of users;
                   The outdoor dining areas located in the park are limited in terms of size and therefore number of
                   users is restricted to the     approved dining areas.

                   e) the peak parking demand periods of uses on the site; and
                   The outdoor dining areas located in the park are limited in terms of size and therefore number of
                   users is restricted to the     approved dining areas. It is noted that the proposed outdoor dining uses
                   do have peak periods which generally coincide with holiday seasons, however the peak use of
                   the premises generally relates to night time and weekend use which is when the office functions
                   of QPlace are not utilised, therefore freeing up carparking on site.


                   f) the availability of alternative carparking
                   Alternative parking is available on site in the form of scooter and bicycle parking on site.
                   Some on street carparking is available in Quamby Place and along Noosa Parade.


             7.2.2.6 Landscaping Code


             The  existing site is already well landscaped and                     the   applicant will       maintain     the   existing
             landscaped areas adjoining the outdoor dining.




7.3          Trust Land Management Plan                              -
                                                                         Quamby Place 2012

As indicated in section 5 of this report, Council has approved and issued licenses to utilise the subject
areas of the park for outdoor dining since 1987. These outdoor dining areas have operated without

complaint until 2009 when a complaint was lodged with regard to loud music. As a result of investigations
into the complaint it was determined that a Management Plan was required to be prepared with regard to

If.
~ martoo consulting     -
                            Town Planning + Urban Designers + Surveyors + Development Managers                                              18

Page 22

"




    Proposal Report   Proposed Material Change of Use ofPremises for Entertainment & Dining Business Type I Food & Beverages over Land situated at 90
                                                                                                 -




                      Noosa Parade, Noosa Heads and described as Lot 32 on N21854
    Applicant:        Ogilvie Bacon Partnership


    use   of the Trust Land (being the park). A Trust Land Management Plan has been prepared for the site
    (copy detailed in Attachment C) which indicates that the use of the park for outdoor dining is considered
    complementary to park activities and that the community supports this type of activity.




    #I-
    ~ martoo consulting   -
                              Town Planning + Urban Designers + Surveyors + Development Managers                                            19

Page 23

Proposal Report       Proposed Material Change of Use of Premises (or Entertainment & Dining Business   -
                                                                                                            Type I Food & Beverages over Land situated at 90
                      Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant:            Ogilvie Bacon Partnership



8            Conclusion

The above development application has been submitted to the Sunshine Coast Regional Council as the
Assessment Manager of the application under the Sustainable Planning Act 2009. This application seeks
aDevelopment Permit for a Material Change of Use of Premises for Entertainment & Dining Business                                                  -




Type 1 Food & Beverages on a small portion of the site which is impact assessable development under
the Noosa Plan 2006.


This application can be supported on a number of grounds as provided in detail in the above report.
These grounds include:

                  The proposed dining areas are consistent with the intent of the Noosa Heads Locality through
                  the provision of services to visitors and residents.

                  The outdoor dining areas are considered to be compatible and complementary uses to the
                  park use and the existing Open Space recreation zoning.
                  The proposal seeks ratification of a use that has operated on site with Councils approval
                  since 1987.

                  The outdoor dining areas complement the passive park recreation uses on the site as well as
                  improving permeability of the park and improving casual surveillance for the area;
                  The proposed outdoor dining areas are overwhelmingly supported by the general community;

                  The site has good access to surrounding road networks which will support the limited outdoor
                  dining area;
                  The site is well located to existing public transport networks with a bus stop outside the park,
                  is connected to bike and            pedestrian pathways.              The site is well located to                 surrounding
                  residential accommodation areas.

                  The proposed outdoor dining areas are located in a landscaped setting that is consistent with
                  the intent of the park and surrounding areas.


The Assessment Manager’s favourable consideration of the above development application is therefore
recommended.




.’
= martoo consulting      -
                             Town Planning + Urban Designers + Surveyors + Development Managers                                                    20

Page 24

.



    Proposal Report   Proposed Material Change of Use of Premises for Entertainmem & Dining Business Type I Food & Beverages over Land situated at 90
                                                                                                 -




                      Noosa Parade, Noosa Heads and described as Lot 32 on N21854
    Applicant:        Ogilvie Bacon Partnership




                                                                                                               Annexures

    Annexure A:                   Proposal Plans




    .,
    = martoo consulting   -
                              Town Planning + Urban Designers + Surveyors + Development Managers                                            21

Page 25

.




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proposed park dining areas                                                      Drawll’lg Number
                                                                                                    I   Revision
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                                                                                              [email protected]
                                                                                                                               floor plan

                                                                                                                                www.gavinmoddock.com
                                                                                                                                                        1 :250      16.02.13
                                                                                                                                                                                                                                                 gavinmaddockdesignstudio

Page 26

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this drawing is copyight and cannot be          reproduced in whole or in port or by any medium                   without the written        permission      of govin mod dock       design studio



Q place                       park dining
proposed park dining areas
quamby place noosa heads
                                                                                 Orowlng Number
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                                                                                 229_skOOl
                                                                        f 61 754553321   e
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                                                                                             [email protected]
                                                                                                                              floor plan

                                                                                                                               www.gavinmaddock.com
                                                                                                                                                     1:250                16.02.13
                                                                                                                                                                                                                                                                  gavinmaddockdesignstudio

Page 27

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                                                                                        1:125                                                                                        anYJCSponsibility for structural distortion
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      STeEL SCHEDULE Steel Grade 050minimum
         STW.               POSrSIZE           POiTfWCE     POST’HEIGHT                FOCrnNGDrA                  fOOTING DEI’TH
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                                                                                                                                                                                                               1:50

                        1,\
                             I
    GRAEMB M0ULSTON & ASSOC.Pty Ltd                                        CLIENT DETAILS:                                                                        JOB NO.
                                                                                                                                                                                            10/937
           STRl             C]URAL      ENGINEERING                         Made 4 Shade
          MIE                          5590 t RPEQ 4431
                             21                                             Shop8&9                                                                               OR YIING NO.                                                                 SCALE.




                AI~CPENG
          P.O. 9                   MUDGEERABA OLD 4213
            (07)                               (07)                         2 Quamby Place                                                                             GENERAL-I                                                               1:50/1:100

    _: ~~.;." F". ~~~.".                                                    Noosa Heads
                                                                            QLD,4567                                                                               ORAYtN


                                                                                                                                                                   CHECKED
                                                                                                                                                                                                  511


                                                                                                                                                                                                  GI1
                                                                                                                                                                                                               6-0e0-10

                                                                                                                                                                                                               &-Dec.10
                                                                                                                                                                                                                                               DESIGNED

                                                                                                                                                                                                                                               APPROVEO


                                    \)

Page 28

~’I   ~

          Proposal Report   Proposed Material Change of Use of Premises for Entertainment & Dining Business   -
                                                                                                                  Type I Food & Beverages over Land situated at 90
                            Noosa Parade, Noosa Heads and described as Lot 32 on N21854
          Applicant:        Ogilvie Bacon Partnership




                                                                                                                             Annexures

          Annexure B:   Hayes Traffic Engineering                                                     -   Traffic
          Engi neering Report.




          ..
          = martoo consulting   -
                                    Town Planning + Urban Designers + Surveyors + Development Managers                                                   22

Page 29

.   1




                                                           Project #:   12422


                                                             Version:   DA V01


                                                                Date:   _April 2013



        TRAFFIC ENGINEERING REPORT


        Proposed Outdoor Dining Development

        Car Parking and Access Review


        The Sound Park at NOOSA SOUND




        For

        Ogilvie Bacon Partnership Pty Ltd




                                     A   PO Box 303, Coolum Beach Qld, 4573
                                     P   0403 889 039
               Traffic Engineering   E [email protected]

Page 30

                                                                                       Traffic Engineering Report
                                                                                 Quamby Place Car Parking Review
                                                                      OGILVIE BACON PARTNERSHIP PTY LTD
                                                                                                         April 2013



Quamby Place, Noosa Heads
Car Parking Review


 Project               Date                    Issue                  Dianne Hayes RPEQ 7086
 12422                 April 2013              DAV01
                                                                         ci)) 110      V~___,_
                                                                             .


                                                                                     .~---




Project No: 12422
April 2013

Status: Draft       Issue no: 01A


Hayes Traffic Engineering
PO Box 303
Coolurn Beach Qld 4573
Phone: 0403 889 039
[email protected]
Dianne Hayes
RPEQ 7086


(c)Copyright Hayes Traffic Engineering.

This report has been prepared for the exclusive use of the commissioning party and unless otherwise agreed in
writing by Hayes Traffic Engineering, no other party may copy, reproduce, distribute, make use of, or reply on the
contents of the report. No liability is accepted by Hayes Traffic Engineering for any use of this report, other than
for the purposes for which it was originally prepared and provided.




                                                                                                             Page 2
               Traffic Engineering

Page 31

                                                                                                Traffic Engineering Report
                                                                                          Quamby Place Car Parking Review
                                                                            OGILVIE BACON PARTNERSHIP PTY LTD
                                                                                                                        April 2013




                                       Table of Contents



1.     INTRODUCTION................................................................................................4


2.     EXISTING CONDITIONS .................................................................................4


3.     EXISTING AVAILABLE TRANSPORT MODES                                               ..........................................
                                                                                                                                    6


4.     PROPOSED DEVELOPMENT                              .........................................................................
                                                                                                                                    7


5.     CAR PARKING DEMAND AND UTLISATION ............................................8
     5.1      Survey Results....        .............................
                                                                                                                        ..........8
                                                                     ....................................................




     5.2      Analysis of Survey Findings.....                ...........................................................
                                                                                                                            .........9
     5.3      Other Parking Observations...........                  ...........................................................
                                                                                                                                   10


6.         CONCLUSION ...............................................................................................10




           APPENDICES


           Appendix A        -

                                Parking Survey Data




                                                                                                                              Page 3
                 Traffic Engineering

Page 32

                                                                    Traffic Engineering Report
                                                              Quamby Place Car Parking Review
                                                     OOILVIE BACON PARTNERSHIP PTY LTD
                                                                                     April 2013



1.      INTRODUCTION


Hayes Traffic Engineering has been commissioned by Ogilvie Bacon Partnership Pty
Ltd to provide a Car Parking Review of Quamby Place as part of their outdoor dining
approval within The Sound Park. There are six outdoor dining areas associated with
six tenants including the following restaurants; Ricky’s, Woodfrre Grill and Rock
Salt. This report has been  produced to assess the number of car parking spaces
available with the surrounding area, the occupancy rates and the available modes of
transport to the site.




                         Photograph 1   Aerial view of existing site.
                                        -




2.      EXISTING CONDITIONS


The proposed outdoor areas are located within The Sound Park and               are   located
adjacent to Q Place at 2 Quamby Place, Noosa Sound. The neighborhood site consists
of restaurants, hairdressers, shops and offices.   Q Place provides on-site car parking,
and also has direct access to the Noosa River ferry and other water transport via the
existing pontoon and bus services with bus shelters are conveniently available on
Noosa Parade.


There are currently 52 car parking spaces within the Q Place site with an additional I
disabled car parking space, three motorcycle parking bays and 1 Loading Bay. Please
refer to the car parking plan extract provided by Gavin Maddock shown below.




                                                                                        Page 4
            Traffic Engineering

Page 33

                                                                  Traffic Engineering Report
                                                            Quamby Place Car Parking Review
                                                    OGILVIE BACON PARTNERSHIP PTY LTD
                                                                                  April 2013




                   Photograph 2    Access into the Q Place Centre
                                   -




                                       BUILDING B




linemoolng          ,,’
CA""^~!
                   "



                    Figure 1 -Existing Parking Layout at Q Place




                                                                                      Page 5
             Traffic Engineering

Page 34

                                                                            Traffic Engineering Report
                                                                      Quamby Place Car Parking Review
                                                          OGILVIE BACON PARTNERSHIP PTY LTD
                                                                                            April 2013



3.       EXISTING AVAILABLE TRANSPORT MODES


In order to address the accessibility of the site, it is necessary to establish existing

transport conditions within the surrounding area.            Site investigations and parking

surveys have been undertaken within the vicinity of the site.


The Q Place site provides over 52 on-site parking spaces. There are also a number of
on-street parking spaces provided within Quamby Place and also on Noosa Parade.
Due to the circulation design of the off-street car park, provision for excellent taxi and

drop-off areas is provided adjacent to the restaurants.

Pedestrian footpaths are provided on both sides of Noosa Drive with excellent
connections into the subject site.


Dedicated bicycle lanes are provided on Noosa Parade at the intersection and cycling
activity is evident and highly encouraged within the Noosa area. Bicycle parking
facilities are provided within the site with 4 bicycle bays located adjacent to the 7/11
shop.

A bus stop and shelter is provided        on   either side of Noosa Parade within meters
walking distance from the subject site. Four bus routes, service these sites including
the following;
     .  Route 630 Nambour       -
                                    Noosa Heads
     .  Route 631 Cooroy    -   Noosa Heads
     .  Route 626 Tewantin      -
                                    Noosa Heads   -   Sunrise Beach
     .  Route 627 Tewantin      -   Noosa Heads   -
                                                      Sunshine Beach


In addition to the above, provision for direct access to the Noosa Ferry, Gondola and
other boating services is available via the existing pontoon adjacent to Ricky’s.


In summary the site is well serviced by an excellent choice of transport modes, and
these available modes should well           publicised throughout the            site and    highly
encourages for all staff, patrons, visitors and guests.




                             Photograph 3      -
                                                  N oosa Parade




                                                                                               Page 6
             Traffic Engineering

Page 35

                                                                      Traffic Engineering Report
                                                                Quamby Place Car Parking Review
                                                      OGILVIE BACON PARTNERSHIP PTY LTD
                                                                                      April 2013



4.         PROPOSED DEVELOPMENT


The proposed development seeks a Material Change of Use to convert a small section
of the park area to outdoor dining area. A copy of the proposed Land Management
Plan has been provided in conjunction with the Town Planning Application.


The total area of each outdoor dining space is 158m2 which will be allocated to each
six lots as follows;
     .51m2 to Ricky’s River Bar and Restaurant at Lot 10
     .38m2 to Woodfire Grill at Lot 8 & 9
     .24m2 to Rock Salt at Lot 2


     .21m2 to Vacant Lot 3


     .24m2 to
              Shop Lot 4

An assessment of car parking has been undertaken in accordance with the Noosa Plan.
Based on the requirements of the 2006 N oosa Plan, Car parking Requirements for a
Neighbourhood Centre Zone for outdoor dining results in the site requiring an
additional 8 parking spaces.


                   TablIP
                      e  roposedear Parkin19 Reqmrements
                            -




     Use               Car Parking Rate                                       Total Spaces
     Outdoor Dining    1 space per 10m2, or part thereof,                            8
                       of use area and outdoor dining area (excluding
     158m2
                       kitchen and food storage areas) on the property24

                       except where located within the Business Centre
                       Zone, Neighbourhood Centre Zone or Village Mix
                       Zone where 1 space per 20m2applies.




                                                                                         Page 7
             Traffic Engineering

Page 36

                                                                   Traffic Engineering Report
                                                             Quamby Place Car Parking Review
                                                    OOILVIE BACON PARTNERSIllP PTY LTD
                                                                                   April 2013



5.      CAR PARKING DEMAND AND UTLISATION


To determine the appropriate car parking requirements for the site, an assessment of
the existing parking demand and utilisation was undertaken within the surrounding
area.Parking surveys were undertaken for all on-street and off-street parking areas
within the Study area. Parking areas were divided up into 9 zones and surveys were
undertaken every 30 minutes. The weather was fme and sunny on both days. Results
of car parking demand for each zone is provided in Appendix A.


Parking demand surveys of all parking areas were undertaken on;
                  8t
   .
       Thursday 1 November 2012 between 9:OOam and 3:OOpm
   .
       Saturday 3rd November 2012 between 10:00am and 3:00pm.

It should be noted that given the mixed land uses surrounding the site, only daytime

surveys were undertaken. The survey times were deemed to include the peak times,
when all offices, businesses and restaurants were in operation and the park area
occupied. In the evening when restaurants were in peak operation (7:00pm), offices
and some shops were closed and therefore undertaking parking surveys at night was
not considered to be representative ofthe true peak demand period.




                    Figure 1   -
                                  Car Parking Survey Zones 1 to 9


5.1     Survey Results

Results indicated that the peak period for car parking within the site (Area 1) occurred
on  Thursday and Saturday at 2:00pm. The most well utilized area was Area 2 on-       -




street parking which is conveniently located adjacent to the convenience store. The

average parking demand for the on-site car parking areas occurred on Thursday with
79% and Saturday was 51%. The loading bay was well utilised and only 1 of the
three motorcycle bays were occupied during the survey period.


          Table 3   Thursday Survey Results
                    -                           -
                                                    On & Off-Street Parking




                                                                                      Page 8
            Traffic Engineering

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                                                                        Traffic Engineering Report
                                                                  Quamby Place Car Parking Review
                                                       OGILVIE BACON PARTNERSlllP PTY LTD
                                                                                        April 2013

                                       Area 1                Area 2


                     Time
                No. of Spaces
                    Available     52       % utilsed     8      % utilsed

                     9:00         34            65%      7            88%

                     9:30         32            62%      6            75%

                     10:00        31            60%      5            63%

                     10:30        39            75%      8            100%

                     11:00        39            75%      8            100%

                     11:30       42             81%      8            100%

                     12:00       43             83%      7            88%

                     12:30       47             90%      8        100%

                     1:00        41             79%      7            88%

                                 45                      8
                     1:30                       87%               100%

                                 48                      8
                     2:00                       92%               100%

                                 46                      8
                     2:30                       88%               100%

                                 45                      8
                     3:00                       87%               100%

                                 41                      7
                    Average                     79%                   92%


      Table 4   Saturd a
                -
                                Survey ResuIts- 0n & Ofr Street Parking
                                                                  -




                                       Area 1                Area 2


                     Time
                No. of Spaces
                    Available     52      % utilsed     8       % utilsed

                     10:00        17            33%     8         100%

                     10:30        17            33%     6             75%

                     11:00        17            33%     4         50%

                     11:30        19            37%     6         75%

                     12:00        22            42%     6         75%

                     12:30        34            65%     8         100%

                      1:00        31            60%     8         100%

                                  33                    7
                      1:30                      63%                   88%

                                  34                    8
                      2:00                      65%               100%

                                  33                    8
                      2:30                      63%               100%

                                  33                    8
                      3:00                      63%               100%

                                 26                     7
                    Average                     51%                   88%




5.2       Analysis of Survey Findings


                                                                                           Page 9
       Traffic Engineering


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5.2

Traffic Engineering Report
Quamby Place Car Parking Review
OGILVIE BACON PARTNERSHIP PTY LTD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Area Area 2
Time
“walle | 52 _|%utilsed| 8 _|% utilsed
9:00 34 65% 7 88%
9:30 32 62% 6 75%
40:00 31 60% 5 63%
10:30 39 75% 8 100%
11:00 39 75% 8 100%
11:30 42 81% 8 100%
12:00 43 83% 7 88%
12:30 47 90% 8 100%
1:00 41 79% 7 88%
4:30 45 87% 8 100%
2:00 48 92% 8 100%
2:30 46 88% 8 100%
3:00 45 87% 8 100%
Average “1 79% 7 92%
Table 4 — Saturday Survey Results —- On & Off-Street Parking
Area 1 Area 2
Time
“waite | 52 | %utilsed| 8 _|%utilsed
10:00 17 33% 8 100%
10:30 17 33% 6 75%
11:00 17 33% 4 50%
11:30 19 37% 6 75%
12:00 22 42% 6 75%
12:30 34 65% 8 100%
4:00 31 60% 8 100%
4:30 33 63% 7 88%
2:00 34 65% 8 100%
2:30 33 63% 8 100%
3:00 33 63% 8 100%
Average 26 51% 7 88%

 

 

 

 

 

 

 

Analysis of Survey Findings

Traffic Engineering

April 2013

Page 9

Page 38

.   ,




                                                                           Traffic Engineering Report
                                                                     Quamby Place Car Parking Review
                                                            OGILVIE BACON PARTNERSHIP PTY LTD
                                                                                           April 2013



        The peak parking times for parking within th       subject site occurred 2:00pm with
        another peak around 12:30pm.      Given the uses within the area, this is expected, as a
        result of patrons dining during lunch time at the restaurants, whilst the offices, shops
        and other small business enterprises are open and operating.


        Whilst surveys were undertaken: of all available parking areas surrounding the site, it
        is considered that parking zone areas 1, 2 and 8 were considered to be the most
        convenient for use by the site, as there were no other parking demand factors (other
        than the park) to generate the demand to park in these areas. It was interesting to note
        that the on-site    park never reached 100% capacity and the on-street parking
                           car

        adjacent to the park (Area 8) was very under utilised with only 20% of spaces
        occupied at anyone time with at least 8 parking spaces always available on this
        section of the street.


        Given the estimated additional 8 spaces required from the additional outdoor
        dining areas, parking surveys suggest that there is adequate parking available
        within the area and it is not considered appropriate to provide further on-site car
        parks when it is clear that parking availability within the area is conveniently
        provided.

        It should also be noted that the site is well serviced by a range of alternative
        transport modes, such as bus, ferry and cycling facilities and these should be
        highly encouraged. As outlined in Council’s Sustainable Transport Strategy and
        also the Active Transport Plan, providing mixed use land development, adjacent
        to recreational facilities (the river, park and children’s playground) with
        excellent access to alternative transport modes, ensures the economic
        development and environmentally sustainable future for all to enjoy.


        5.3             Other Parking Observations


        The following observations were noted during the survey period, which are not
        necessarily reflected in the survey data results;
            a) Boat trailers were parked in the areas adjacent to the units.
            b) On-street parking on Noosa Drive was under utilised in particular the area
               adjacent to the park and bus stop.
            c) Only Imotorcycle was parked in the available 3 spaces on the subject site.
            d) The on-site loading bay was well utilised with most vehicles being van
                deliveries.




                                                                                             Page 10
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Page 39

                                                                   Traffic Engineering Report
                                                             Quamby Place Car Parking Review
                                                    OGILVIE BACON PARTNERSlllP PTY LTD
                                                                                   April 2013



6.      CONCLUSION


An assessment of the existing parking provision and transport accessibility modes was
undertaken for  Quamby Place at Noosa Sound.            Parking surveys were also
undertaken to determine the peak demand and utilization of car parking within and
surrounding the subject site to determine if an additional 158m2 of outdoor dining
space could be accommodated with regard to traffic and parking arrangements.


The results of parking demand surveys indicate that there is adequate parking
available for both the existing and proposed uses. Whilst under the existing Town
Planning requirements the site requires an additional 8 spaces to accommodate an
additional 158m2 of outdoor dining area, based on current car parking demand it is not
considered beneficial to increase the number of on-site car parking provision when it
is clear that parking availability within the area is conveniently provided and under
utilised.


It should also be noted that the site is well serviced by       a   range of alternative
transport modes, such as bus, ferry and cycling facilities and these should be
highly encouraged. As outlined in Council’s Sustainable Transport Strategy and
also the Active Transport Plan, providing mixed use land development, adjacent
to recreational facilities (the river, park and children’s playground) with
excellent   access   to   alternative   transport   modes,   ensures      the   economic

development and environmentally sustainable future for all to enjoy.

The current parking arrangements for the site are considered suitable and acceptable
for the proposed use and it is recommended that the site advertise the ferry and bus
timetables, improve bicycle parking facilities and provide greater encouragement and
incentives for patrons to use alternative modes of transport to access the site. This
strategy aligns with the Sustainable and also the Active Transport Policies recently
released by Council as the future direction of managing land use and also transport
and traffic on the Sunshine Coast.




                                                                                     Page 11
            Traffic Engineering

Page 40

.   "




                                                    Traffic Engineering Report
                                              Quamby Place Car Parking Review
                                      OGILVIE BACON PARTNERSHIP PTY LTD
                                                                    April 2013




                              Appendix A

                    Parking Survey Results




                                                                      Page 12
        Traffic Engineering

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Page 42

              Hayes
              Traffic Engineering
                                                                                                                                                                                                             .




Date: Thursday 1st Novemeber 2012
                             Area 1                 Area 2              Area 3             Area 4              Area 5              Area 6             Area 7              Area 8              Area 9


   Time
No. of Spaces
  Available             52          % utilsed   8      % utilsed   11      % utilsed   9      % utilsed   19      % utilsed   21      % utilsed   6      % utilsed   10      % utilsed   10      % utilsed

    9:00                34            65%       7        88%       7             64%   1            11%   16            84%   8             38%   1        17%       1             10%   7             19%

    9:30                32            62%       6        75%       7             64%   1            11%   17            89%   7             33%   1        17%       0             0%    7             19%

   10:00                31            60%       5        63%       6             55%   2            22%   19        100%      9             43%   0            0%    2             20%   7             19%

   10:30                39            75%       8        100%      7             64%   0            0%    16            84%   11            52%   2        33%       1             10%   7             19%

   11:00                39            75%       8        100%      6             55%   0            0%    17            89%   12            57%   1        17%       0             0%    7             19%

   11:30               42             81%       8        100%      7             64%   1            11%   15            79%   8             38%   2        33%       0             0%    7             19%

   12:00               43             83%       7            88%   8             73%   2            22%   14            74%   11            52%   1            17%   3             30%   6             16%

   12:30               47             90%       8        100%      8             73%   3            33%   14            74%   8             38%   1            17%   2             20%   6             16%

    1:00               41             79%       7            88%   7             64%   3            33%   14            74%   7             33%   1            17%   2             20%   7             19%

                        45                      8                  8                   2                  15                  8                   1                  1                   7
    1:30                              87%                100%                    73%                22%                 79%                 38%                17%                 10%                 19%

                        48                      8                  6                   1                  16                  6                   1                  1                   7
    2:00                              92%                100%                    55%                11%                 84%                 29%                17%                 10%                 19%

                        46                      8                  7                   2                  10                  6                   1                  2                   7
    2:30                              88%                100%                    64%                22%                 53%                 29%                17%                 20%                 19%

                        45                      8                  7                   2                  12                  7                   1                  1
    3:00                              87%                100%                    64%                22%                 63%                 33%                17%                 10%                 0%


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Hayes
Traffic Engineering

Date: Thursday 1st Novemeber 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Area 1 Area 2 Area 3 Area 4 Area 5 Area 6 Area7 Area 8 Area
Time
ae 52 % utilsed 8 % utilsed 11 % utilsed 9 % utilsed 19 % utilsed 21 % utilsed 6 % utilsed 10 % utilsed 10 % utilsed

9:00 34 65% 7 88% Z 64% 1 11% 16 84% 8 38% 1 17% 1 10% Z 19%
9:30 32 62% 6 75% Z 64% 1 11% 17 89% Z 33% 1 17% 0 0% Z 19%
40:00 31 60% 5 63% 6 55% 2 22% 19 100% 9 43% 0 0% 2 20% Z 19%
10:30 39 75% 8 100% 7 64% 0 0% 16 84% 14 52% 2 33% 1 10% Z 19%
14:00 39 75% 8 100% 6 55% 0 0% 17 89% 12 57% 1 17% 0 0% Z 19%
14:30 42 81% 8 100% Z 64% 1 11% 15 79% 8 38% 2 33% 0 0% Z 19%
12:00 43 83% Z 88% 8 73% 2 22% 14 74% 14 52% 1 17% 3 30% 6 16%
12:30 47 90% 8 100% 8 73% 3 33% 14 74% 8 38% 1 17% 2 20% 6 16%
1:00 au 79% 7 88% 7 64% 3 33% 14 74% Z 33% 1 17% 2 20% Z 19%
4:30 45 87% 8 100% 8 73% 2 22% 15 79% 8 38% 1 17% 1 10% 7 19%
2:00 48 92% 8 100% 6 55% 1 11% 16 84% 6 29% i 17% 1 10% 7 19%
2:30 46 88% 8 100% 7 64% 2 22% 10 53% 8 29% 1 17% 2 20% 7 19%
3:00 45 87% s 100% 7 64% 2 22% 12 63% 7 33% 1 17% 1 10% 0%

 

 

 

 

 

 

 

 

 

 

 

Page 43

              Hayes
            Traffic Engineering
                                                                                                                                                                                                           .




Date: Saturd a    3dN
                   r Qvem ber 2012

                           Area 1                 Area 2              Area 3             Area 4              Area 5              Area 6             Area 7              Area 8              Area 9


   Time
No. of Spaces
  Available           52          % utilsed   8      % utilsed   11      % utilsed   9      % utilsed   19      % utilsed   21      % utilsed   6      % utilsed   10      % utilsed   10      % utilsed

    10:00             17            33%       8        100%      12            57%   2            22%   13            68%   4             19%   3        50%       2             20%   6             16%

    10:30             17            33%       6            75%   8             73%   1            11%   12            63%   5             24%   3        50%       1             10%   6             16%

    11:00             17            33%       4            50%   9             82%   1            11%   10            53%   4             19%   1            17%   0             0%    5             14%

    11:30             19            37%       6            75%   7             64%   2            22%   11            58%   7             33%   0            0%    0             0%    7             19%

    12:00             22            42%       6            75%   6             55%   2            22%   11            58%   6             29%   0            0%    0             0%    7             19%

    12:30             34            65%       8        100%      8             73%   0            0%    7             37%   5             24%   0            0%    1             10%   8             22%

    1:00              31            60%       8        100%      10            91%   1            11%   9             47%   5             24%   0            0%    0             0%    7             19%

                      33                      7                  10                  2                  9                   4                   0                  1                   8
    1:30                            63%                    88%                 91%                22%                 47%                 19%                0%                  10%                 22%

                      34                      8                  8                   2                  11                  5                   0                  2                   7
    2:00                            65%                100%                    73%                22%                 58%                 24%                0%                  20%                 19%

                      33                      8                  8                   2                  11                  9                   2                  1                   7
    2:30                            63%                100%                    73%                22%                 58%                 43%                33%                 10%                 19%

                      33                      8                  9                   1                  11                  10                  0                  1                   7
    3:00                            63%                100%                    82%                11%                 58%                 48%                0%                  10%                 19%

                      26                      7                  9                   1                  10                  6                   1                  1                   7
  Average                           51%                    88%                 74%                16%                 55%                 28%                14%                 8%                  18%


[OCR of page images]
 

Hayes

Traffic Engineering

Date: Saturday 3rd November 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Area 1 Area 2 Area 3 Area 4 Area 5 Area 6 Area 7 Area 8 Area 9
Time
Waslaele 52 % utilsed 8 % utilsed 11 % utilsed 9 % utilsed 19 % utilsed 21 % utilsed 6 % utilsed 10 % utilsed 10 % utilsed

10:00 17 33% 8 100% 12 57% 2 22% 13 68% 4 19% 3 50% 2 20% 6 16%
10:30 17 33% 6 75% 8 73% 1 11% 12 63% 5 24% 3 50% 1 10% 6 16%
11:00 17 33% 4 50% 9 82% 1 11% 10 53% 4 19% 1 17% 0 0% 5 14%
41:30 19 37% 6 75% z 64% 2 22% 14 58% 7 33% 0 0% 0 0% Z 19%
12:00 22 42% 6 75% 6 55% 2 22% 1 58% 6 29% 0 0% 0 0% 7 19%
12:30 4 65% 8 100% 8 73% 0 0% 7 37% 5 24% 0 0% 1 10% 8 22%
4:00 31 60% 8 100% 10 91% 1 11% 9 47% 5 24% 0 0% 0 0% Z 19%
4:30 33 63% a 88% 10 91% 2 22% 9 47% 4 19% 0 0% 1 10% 8 22%
2:00 4 65% 8 100% 8 73% 2 22% a 58% 5 24% 9 0% 2 20% ? 19%
2:30 33 63% 8 100% 8 73% 2 22% 4 58% 9 43% 2 33% 1 10% 7 19%
3:00 33 63% 8 100% 9 82% 1 11% at 58% 10 48% 0 0% 1 10% 7 19%

Average 26 51% 7 88% 9 74% 1 16% 10 55% 6 28% 1 14% 1 8% 7 18%

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 44

Proposal Report   Proposed Material Change of Use of Premises for Entertainment & Dining Business Type I Food & Beverages over Land situated at 90
                                                                                              -




                  Noosa Parade, Noosa Heads and described as Lot 32 on N21854

Applicant:        Ogilvie Bacon Partnership




                                                                                                            Annexures

Annexure C: Trust land Management Plan                                                        -
                                                                                                  Quamby Place
2012




..
~ martoo consulting   -
                          Town Planning + Urban Designers + Surveyors + Development Managers                                             23

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Page 46

                                      -




                                          Trust land ", nag,ment,~~~n

  Land Management Plan applies to:                                ./ A specific parcel of trust land
                                                                       detailed in 3 below
                                                                  or



                                                                  D A class of trust land

                                                                  or



                                                                  D Trust land within a specific
                                                                       locality or regional area

  Land Management Plan Duration:                                  From the date of approval until revoked
                                                                  by the Minister



11.        Cbmp~iance with 1e.9i_~i tion, pl-a               nilig’sc.hemes, etc

 This land management plan proposes the Minister approve trustee permits over
 several areas of land within the trust land that currently have, and may in the future
 have, the activity of outdoor dining, pursuant to Section 60 of the Land Act 1994.

1 2.       Trustee det i’s


 Trustee’s name/s                                             Trustee’s Address/s


 Sunshine Coast Regional Council                              Locked Bag 72
                                                              Sunshine Coast Mail Centre Old
                                                              4560


1 3.       Existing tenure of thEtsiJbject land

 Trust Land Description:                   Park RES19416
 Lot:                                      32
 Plan:                                     N21854
 Parish:                                   Weyba
 County:                                   March
 local Government:                         Sunshine Coast Regional Council
 Area of Land:                             0.3050ha
 Conditions of Tenure:                     Standard trustee conditions


1 4.      Existing description of the subject land

 History of the Land

 The area of land currently known as Noosa Sound was developed as the Hays Island
 Development in 1971 as a result of a State Government development.
 Lot 32 ("the Park") was zoned "Open Space" in the 10 March 1973 Gazettal No.41 of
 the Town Planning Scheme for part of the Shire of Noosa. Attachment 1


 The development was gazetted No.42 on the 25th October 1975; as identified in the
                                 st
 order in Council dated 1             November 1973. Attachment 2



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The "Development Lease under the Land Act of 1962-1971" states in item 4:
     ’~t least eight percent (8%)of the reclaimed land is to be surrendered to the
     Crown free of charge for Park and Recreation purposes and eighteen percent
     (18%) of the natural water frontage will be required for public access. The
     proposed Reserves for Park and Recreation purposes are to be filled to final
     levels, top-dressed and grassed to the satisfaction of the Minister and the Council
     of the Shire of Noosa, and at least two (2)percent of the reclaimed land is to be
     set aside for commercial purposes (excluding multi-unit development).
     The Lease refers to Plan MCH3424 Attachment 3.



Local Area Description


The Park is bounded by Noosa Parade to the south, the Noosa River to the north, a
small business, shopping and restaurant complex to the west ("Quamby Place"), and
a unit   complex to the east.

The current zoning of the Park and its surrounds is shown in the map below.




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~r.." ’.r...w..MrNa.tl    ’...IU’IOI’I....._’ ,,’~~""_ ...~w,,_lItWDf   rl’--:.d1r~                                                             Ii",’, LIIIW




The Character Statement Part 9, for the Noosa Heads locality in The Noosa Plan
2006 (the Planning Scheme) is attached as Attachment 4. Relevant comments in
the Character Statement are:                  -




"The accessibility and convenience of significant open space including the natural
features of the          beach, Noosa River and Noosa National Park ensures ample
                                    "
recreation opportunities.




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Page 48

l~ neighbourhood centre at Quamby Place provides low level goods and services for
nearby residents and visitors but also includes various restaurants. A jetty provides
                                                        "
access to the Noosa River and the ferry.



The Overall Outcomes for the Noosa Heads locality in The Noosa Plan are attached
as Attachment 5.

The Overall Outcome in the Noosa Heads locality for the "Open Space Recreation
Zone" is:
           l~reas of open space contribute to the desired lifestyle of residents by offering
           a variety of passive and active recreational experiences that are conducive to
                                                            "

           community interaction and wellbeing.

The        Outcomes for the          "Neighbourhood Centre                   Zone    -
                                                                                          The   Quamby        Place
Neighbourhood Centre is:
      I.   forms a focal point for the local community and visitors, provides services and
           facilities to meet their day-to-day needs;
     II.   provides Business Uses that respect the existing residential amenity of visitors
           and residents within and surrounding the development; and
    III.   provides Business Uses that are of a scale and character consistent with the
           locality and Noosa’s retail hierarchy

Noosa Sound incorporates several other waterside     parks seen in Attachment 6                                         -




Neighbouring Parks Map, all of which abut residential or unit complex land and all of
which are adjacent to the Noosa River or Weyba Creek. The Park in Ouamby Place
contains a public tennis court.


Use of the Park could affect residents of the unit complex to the east, which is
overwhelmingly a tourist accommodation complex.

The Ouamby Place Neighbourhood Business Centre situates 10 shopfronts facing a
colonnade, which immediately abuts the Park. There is therefore easy access, or
permeability, between the centre and the Park.

Existing Uses

The primary existing use of the Park is for passive and limited active recreation. The
Park   provides a treed, shaded and grassed environment, some limited hard
landscaping (low walls) and soft landscaping (mounding and a herb garden), views to
the river, and a small children’s playground. The park provides a beautiful backdrop
for weddings with the river in the background. Several weddings are held annually in
the park, some of the weddings use the Ouamby Place Restaurants as reception
venues, as this provides close proximity for couples and their guests to walk to the
park and reception from adjoining holiday accommodation.

A  significant secondary use of the Park is for outdoor dining, in a narrow strip
immediately adjacent to the Ouamby Place centre. There are 6 paved pads in that
strip, on three of which outdoor dining occurs under approvals historically given by
the Council. There are shade structures over those three areas. The outdoor dining
approvals are for the hours of not before 5.00am or after 12.00 midnight, and can
operate seven days per week.

The three outdoor dining approvals are for areas of 53 m2, 25 m2 and 24 m2: a total of
102 m2. That area  represents 3.3% of the area of the Park. There are also 3
concrete pads on the Park adjacent to shops 34 & 9, which are approximately 5.5m



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by 4.0m or 22 m2, an additional 66 m2. This is a total area of 168 m2. or 5.5% of the
area of the Park.



Existing Interests

There are no easements within the Park.


The following permits for outdoor dining have been granted by the Council:


Shop 10- Ricky’s River Bar and Restaurant an approved trading area of 53 m2
                                                              _




Shop 8 Tempo Noosa an approved trading area of 25 m2
           -                     _




Shop 2 Rock Salt an approved trading area of 24 m2
           -               -




The council understands the following liquor licences are held by the restaurants:


Shop 10- Ricky’s River Bar and Restaurant Licence Number 88454
                                                             -




Shop 8 Tempo Noosa Licence Number 122433
           -                     -




Shop 2 Rock Salt no licence as it is a BYO restaurant
           -               -




Exclusivity and Restrictions of Existing Interests

The conditions of the outdoor dining approvals include:
.          A clear pedestrian area and access ways abutting the approved trading area
           must be maintained at all times;

           Approved tables and chairs must only be placed within the approved trading
           area during the hours that the business is open for business and not before

           5.00am or after 12 midnight;
.          Tables and chairs must be removed from the approved trading area at close
           of business each day;
.          Retractable screens must be raised at the close of each day to the highest
           point; and
.          It is the responsibility of the permit holder to provide safe open access in line
           with the Disability Discrimination Act 1992.


Existing Infrastructure

Existing infrastructure in the Park is minor and comprises:

1.     Unitywater Pump Station (PS NH 1 0) situated in the Park near the south
       A
eastern boundary, a sewer line along the Noosa Parade frontage (southern
boundary) and a sewer overflow line near the eastern boundary. A SCADA pole is
sited near the pump station.


2.     A bus shelter is located within the Park along the Noosa Parade boundary.


3.     There are two street lights located towards the western boundary of the Park,
one   approximately opposite Shop 2 and the other approximately opposite Shop 8/9.

4.     Other normal         type park furniture is located within the Park; eg playground
equipment and park benches.




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Detailed Site Description


The Sound Park is             a   waterside      amenity reserve approximately 3,050m2 in size
bounded to the west by single and two storey commercial enterprises, Quamby Place
and    a   four storey      holiday apartment accommodation to the east, Noosa Shores
Resort. The Noosa River runs along the northern          edge and Noosa Parade to the
south.


Park infrastructure includes a playground; low walls retaining mounded grass and
planted areas; seating; a picnic table; flagstone pavement, and a combination of
remnant vegetation and intentional tree planting. Refer to Attachment 7 Site
Analysis Functionality diagram.
             -




The playground contains three items                 -
                                                        koala spring toy, pendulum swing and normal
swing which are fourteen and sixteen years old. A recent infrastructure assessment
(Sept 2011) identified the two major elements as being in poor condition, with the
current fall zones inadequate and the equipment worn.                 The assessment
recommended that the play area be upgraded and be considered for future funding.
While intact, the low walls and park furniture appear tired and in a state ofdecline. A
sewerage pump station is located near Noosa Parade. The station is in a prime
visual and pedestrian access zone.


Pedestrian access into the park can be made via the Noosa Parade path network,
through the building arcades of Quamby Place and via a privately operated ferry
pontoon accessed by the public through Ricky’s restaurant in the north western
corner of the park. Currently, there is no formal, access compliant path through the

park. Attachment 8 contains the Landscape Site Analysis                Connectivity            -




diagram.

The reserve has active road frontage to one side only. The mounded and dense
planting limits the visual surveillance into the park from the road. The activated edges
of the  neighbouring commercial properties provide the park with added visual
surveillance, assisting with the implementation of Crime Prevention through
Environmental Design (CPTED)related principles.


The reserve provides a low key, natural space for both passive and active recreation.
The children’s play area offers play opportunities for visitors, residents and patrons at
the adjacent restaurants.   The site presents picturesque views across the Noosa
River to Noosa  Spit Recreation Reserve and a limited view of the Noosa North
Shore. Park users utilise the site’s river access for fishing in the Noosa River, take
panoramic photographs (including wedding parties) or simply take in the view.

Under the Noosa Plan, the reserve is mapped as falling within the following areas:


    .      Riparian Buffer Area (Noosa Heads Biodiversity Overlay);
    .      Koala Living Area (Schedule 7 Map   Koala Habitat Areas);
                                                             -




    .      Subject to Min Floor Height and Flood Hazard near the river bank (Noosa
           Heads Natural Hazard: Landslide & Flooding Overlay);
    .      High Potential Acid Sulphate Area due to its 0-5m AHD properties (Noosa
           Heads Natural Hazard: Bushfire & Acid Sulphate Soils Overlay).




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Native Title Status


There is NO         application or determination or claim of Native Title over the Park.
Native title was extinguished due to prior works on the Park; namely major public
earthworks to reclaim the site due to the 1971 Hays Island Development and
                                                                                st
because the reserve was gazetted on 25th October 1975, by Order of Council on 1
November 1973 Attachment 2, which is prior to 1996.




Proposed Uses of the land

The Concept Plan for the Park is attached as Attachment 9.


The    proposed        uses         the concept plan use the existing low-key
                               contained       in
commercial outdoor dining as a way to further activate the Park. The outdoor dining
area  will "open" the Park and ensure that the space is open and accessible to the
public. The management and control over the impacts of the commercial activity will
be regulated through the trustee permits.


The proceeds of the permits will be used to develop the non-commercial aspects of
the Park, with a focus on Park improvements, Park activation with an aim of
preventing crime and supporting recreation. The concept plan shows that the
outdoor dining areas are integrated into the Park, ensuring a seamless area of public
open space rather than closed      private use.. Key principles of this activation are:
management, legibility, connectivity and permeability with a blur definition of public
and private space, maintaining the natural character, increasing public usage and
providing facilities and amenities to support the desired functionality of the ark.

The proposed        use   of the Park will blend with the natural attributes of the Park and
enhance the primary use of the Park by the community.


Once upgraded, the new design will encourage more couples to hold weddings there,
encourage locals to interact more freely and for families staying in the surrounding
holiday accommodation to use the park as part of their holiday experience.

The  Primary Use will continue to be that of a park providing primarily passive
recreation opportunities adjacent to the river. The Park will retain its current low-key,
natural appearance: that is, there will be a minimum of hard landscaping and formal
park features and furniture.

The Secondary Use proposed is for outdoor dining, which is an approved action by
the trustee and an inconsistent action with the purpose of the trust land under section
52(3) of the Land Act 1994. It is the opinion of the trustee that the inconsistent action
will not diminish the purpose of the trust land, arid will not have an adverse
affect on any business in the area. The secondary use is generally in accordance
with existing Council policies for outdoor dining on footpaths, adjacent to the Quamby
Place centre businesses abutting the Park, in a strip approximately 5.0m wide.


That proposal for Secondary Use could, over time, accommodate additional outdoor
dining areas of up to approximately 30m2 each, representing a total of 9.65% of the



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 Park area. It is, however, highly unlikely that all of the shop premises adjacent to the
 Park would ever house restaurants at the one time.


The Proposed Primary Use reflects the general thrust of community preferences
arising from the community consultation held in November 2010 about the future of
the Park.


The Proposed Secondary Use also reflects a very strong response from the
community to the question of whether outdoor dining should continue in the Park in
the manner that it does currently. In addition, the following considerations support the
Proposed Secondary Use:

Outdoor dining has been occurring in the Park since 1987, when the first permit for
outdoor dining was approved by Noosa Shire Council. It has had a substantial history
of operation, without complaint until a complaint in late 2009 regarding loud music
late at night (a practice that has since discontinued).


Many community             members submitted                that outdoor         dining   in   the   Park    is not
inconsistent with the purpose of the Park, but complementary.


A  number of community members have argued that the outdoor dining is
complementary with the Park for parents and children. Children can and do play
safely in the Park, under parental supervision, while parents complete their meals or
have coffee.


Community members also submitted that both tourists and residents appreciate the
opportunity to dine and simultaneously enjoy a natural park and a river outlook. A
number see this as a quintessential "Noosa" experience, synonymous with a "Noosa
lifestyle" .




In recent years, the issue of public safety and security has changed thinking about
parks, and led planners and landscape designers to reconsider how parks can be
revitalised in order to encourage their greater use and ensure that they do not
become loci for anti-social activities. This trend has accompanied the development of
the CPTED approach to the design of public spaces.


The  original architectural vision for the Quamby Place centre anticipates activity
between the    buildings and the Park; the open colonnade abutting the Park, the
permeability  between   the building and the Park, and the facing of shopfronts onto the
Park all point to a vision for uses of the Park that the community have identified in the
community consultation and that outdoor dining in the Park provides.

If the outdoor dining area is removed, the Park would revert to a park space. This
plan has highlighted the current state of the Park, the lack of activation and potential
for crime. Removing the outdoor dining area will not see the Park activated in a
manner that increases community participation.



Is the proposed or existing secondary use consistent with the primary use of
the trust land?


The use of the Park is inconsistent with the purpose of the trust. However, this Trust
Land Management Plan is to ensure the appropriate enhancement and protection of
the park for the future.




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User     groups       -

                          Ouamby          Place    patrons, local residents, holiday                  makers, &
commercial entities


Constraint:        Park not maximised to full potential as a local park

Opportunity:       Enhance          public amenity which           also   complements the commercial
                   interface.
Constraint:        Areas in the Park are used exclusively for commercial gain

Opportunity:       Better manage the outdoor dining zones with a holistic vision for all
                   users of the       public Park.


Access    -
              Pedestrian & Visual Permeability:


Constraint:        No formal accessible Disability Discrimination Act 1992 compliant path
                   network in the Park

Opportunity:       Utilise access from Ouamby Place car park & commercial arcades to

                   provide a more integrated path network throughout the Park.

Constraint:        Limited off-street parking

Opportunity:       Utilise Ouamby Place


Park Functionality        -

                              amenity value:

Constraint:        Playground        -
                                         not integrated into the Park, doesn’t stand out visually to

                   encourage play.
Opportunity:       Create informal play nodes in the Park by earth re-grading and the
                   introduction of artwork.


Constraint:        Seating areas          -

                                              inadequate & visually hidden from obvious sight lines
                   & poor access by lack of a formal path network.

Opportunity:       Provide better integrated seating.                Open up viewing from Noosa Pde
                   through revised landscaping treatments.

Constraint:        Service infrastructure          -

                                                       sewage pump station, visually obtrusive &
                   located in a prime pedestrian access zone.

Opportunity:       Screen or install artwork to improve visual aspect.


Constraint:        Trees      -

                                  very densely populated with minimal open space, ultimately
                   reducing Park functionality.
Opportunity:       Formalise an open space area whilst utilising the ample shade cover

                   provided by the trees.

Constraint:        Outdoor        dining      areas    -

                                                           Quamby    Place     currently     utilises the Park

                   adjacent to their establishment for commercial gain with local Council
                   approval which impacts on the Park’s functionality.



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Opportunity:         With     a       holistic   Landscape       Management             Plan    developed        and

                     implemented, funding gained from commercial bodies will directly be
                     utilised for the on-going maintenance and upgrade of The Sound Park.


Constraint:          Earth mounding and retaining walls adjacent to Quamby Place inhibit
                    visual & physical access to approximately one third of the Park due to
                    dense vegetation and grades creating a barrier.

Opportunity:        Re-grade or remove mounding to achieve better access and visual
                    permeability.

Constraint:         Access to the river I pontoon from the Park is very restricted                      -
                                                                                                            access

                    only achieved via Ricky’s restaurant.
Opportunity:        Provide a better interface between the Park and the river with a more
                    centralised pontoon for recreational and transportation uses.


Constraint:         Bus stop      -

                                      poor access through the Park to link with the ferry transport
Opportunity:        Provide a better connection Ilink of transport infrastructure services.



Location     -
                 Pedestrian & Vehicular


Constraint:         Poor visibility into the site from Noosa Parade                 -

                                                                                        uninviting and reduces
                    Park usage.

Opportunity:        Removal of earth             mounding and improvement to Park amenities or
                    installation of destination elements.


Constraint:         The Sound             Park’s close     proximity     to other       neighbourhood parks
Opportunity:        Create a space which doesn’t compete with but compliments adjacent
                    Parks and open spaces.


Park Maintenance


Constraint:         Currently maintenance and upgrades to garden beds are carried out
                    by business entities adjacent to Quamb.y Place, leading to minimal
                    control over vegetation and material palettes.

Opportunity:        Formulate         a   Landscape Management Plan which                      is controlled and

                    implemented by Council.

Waste Management


Constraint:         Very limited refuse facilities which are insufficiently serviced
Opportunity:        Provide adequate facilities which are regularly serviced.




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Vegetation

Constraint:         Dense tree cover impedes visual/physical permeability & limits open

                    space and Park functionality.
Opportunity:        Rationalise current layout of Park to maximise functionality & utilise
                    shade opportunities yielded by trees.



Safety & Security

Constraint:         Earth     Mounding       to the south-western            edge of the Park provides
                    pockets of secluded spaces and inhibits visibility into the site.
Opportunity:        Enhance passive surveillance and activate spaces within the Park by
                    remoulding mounds and selectively clearing non-native vegetation.

Adjacent Accommodation Impact conditions

The potential adverse impact on the adjacent accommodation complex of outdoor
dining is managed by the existing conditions of approval of outdoor dining, including:

. Permit holders cannot use amplified music, public address systems, extension
  phone bells and the like in the approved trading area
. Permit holders cannot use
                              lighting without Council approval. Where this is used it
  must be shielded from direct viewing by the adjoining residential uses to the east.
 Permit holders must conduct their activity in a manner that does not cause a
      nuisance
.   Permit holders must maintain the cleanliness of the approved trading area and
    surrounding pedestrian areas and accesses, and ensure that table accessories or
    items provided to customers do not produce litter
.   Shops 8,9 & 10 have implemented a Q Place Restaurant Neighbourhood Noise
    Policy Attachment 10 which includes measuring & recording noise levels after
    8.00pm
     i. Wedding noise: under the terms of the noise policy, the ceremony may be
        conducted in the Park but any reception must be within the confines of the
        restaurant and the approved outdoor dining area. Monitoring of the noise will
        be in accordance with the Q Place Restaurant Neighbourhood Noise Policy.
    ii. An application for use of the park for wedding purposes must be approved by
        Councils Community Land Permits Department, at a cost of $127.00. This
         money could also be used for refurbishment and maintenance of the Sound
         Park.
.
    Daily removal of furniture

Development Intended

The Concept Plan sets out the future intended development of the Park and of the
outdoor dining areas.


The  implementation of the concept plan will encompass a staged construction
program over future years, utilising funds obtained from the outdoor dining permits
and any other available funding. The rate and extent of implementation is subject to
the amount of funding available each year.




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 Development of the proposed outdoor dining areas will be subject to:                           _




 1.    The Land Trustee signing the application for the type/extent of the structures
       permitted for the outdoor dining area,
                   whether/when building certification is required;
                     .



                   any additional
                     .                structures   must    complement the existing
                   buildings/structures and  be consistent  with the intended character
                   of the locality.
 2.    Council policies with regard to the use of public land,
 3.    Development proposals from adjacent businesses,(ie market conditions), and
 4.    Complies with the Planning Scheme and any development approval
       conditions including:
                   The lodgement of a development application for a Material
                     .


                   Change of Use;
                   The capacity of applicants to meet development conditions such
                     .


                   as provision of car parking and toilets/amenities;



 Exclusivity and Restrictions of Proposed Use and Associated Development

Exclusivity and restrictions to public use arise only in relation to the designated,
approved outdoor dining areas although members of the public are free to move
through the outdoor dining areas at all times.

 There are no fences or gates restricting public access to the outdoor dining areas.


The   seating and outdoor dining areas are restricted to paying customers during
 business hours, and are vacant while the businesses are not open. How~ver, the
current outdoor dining areas comprise only 3.3% of the Park area at present and a
 maximum of 9.65% if ever fully utilised for outdoor dining.


Commerciality

 It is proposed that, in accordance with Section 63((3) of the Land Act 1994, all of the
income     generated by          the commercial outdoor         expended on the
                                                                     dining     use    be
maintenance and enhancement of The Sound Park, and of the neighbouring parks
located on Noosa Sound, as shown in the map Attachment 6. These parks
represent a local park network that provides a range of passive, and some active,
recreation opportunities for local residents and tourists.


The income generated for 2010/2011 was $21,825 pa. The current rental levels have
been developed on the basis of consistency with the rentals charged for outdoor
dining on road reserves throughout the Sunshine Coast Region, but reflecting local
variations in commercial land values.


The outdoor dining        comprise only 3.3% of the Park area at present and a
                            areas

maximum 9.65% if ever fully utilised for outdoor dining.




I6       Community consultation

Please see attachment 11 which summarises the Community Consultation that
informed this plan. The attached document is NOT FOR PUBLIC viewing.




                                                        -
                                                            12-
 W:\SCC\FB\PBS\Business_ Tech\Projects 2011\Ouamby Place2011\Trust Land Mgmt Plan Folder for DERM\Draft Ouamby Place   -




                               Trust Land Management Plan 2 May 2012 APPROVED.doc
                                                                      -

Page 57

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live or Manage                       Relevant Actions                                            Key                    Completed                       Who              is
                                                                                                 performance            By (Date)                       Responsible
                                                                                                 Indicators                                             for the Action
    thecommunity                     Create          an       agreement between                  Compliance to         asap                             Property         &
    high demand
     a                               the           State           and     Council        to     permit                                                 Business,
Dr dining in this                    manage                  the       Noosa   Alfresco          conditions       &                                     Sunshine Coast
                                     Style Dining in The Sound Park                              consistent                                             Council.
                                                                                                 income
                                                                                                 stream       from
                                                                                                 commercial
                                                                                                 use.

and        its furniture             Activate                Concept        Plan        and      Concurrence           asap                             Property         &
     are    very tired.!             Maintenance Plan to be created                             of  public and                                          Business,
lke        the Park a                and approved.                                               permitee                                               Sunshine Coast
’isit and for the                                                                               satisfaction                                            Council.
..




                                                                                    Budget Allocated ($)                                            Relevant
                                                                                                                                                    Financial Year
ty expectations while allowing continued use                                        Nil. Funds for upgrades will come                               Ongoing
J                                                                                  from income derived from outdoor
                                                                                   dining fees
,will       enhance both the amenity of the park                                    Nil                                                             Ongoing

Jd       significant     value             to      the        park       without    Nil                                                             Ongoing
/.




                                                     -13-
.Ouamby Place2011\Trust Land Mgmt Plan Folder for DERM\Draft Ouamby Place                  -   Trust Land Management Plan 2 May 2012       -
                                                                                                                                               APPROVED.doc

Page 58

    This    land     management plan              can     be    monitored      for    effectiveness       on    the
    anniversary of each trustee outdoor dining permit, which is issued 1 July to 30
    June every year.




    This land management plan recommends the Minister approve trustee leases
                       being utilised for outdoor dining. The outdoor dining in the
    over areas of the Park

    Park has been          occurring since 1987 and Council community consultation has
    resulted in overwhelming support of this activity continuing in the Park, both as a
    way of activating the Park and also to enhance the use of the Park.
    That the park redesign and upgrades be referred to the Manager of Parks and
    Gardens for inclusion in future capital works program.




   Attachment 1
    OLD Govt Gazette No 41. 10 March 1973


   Attachment 2
    OLD Govt Gazette No 42. 25 October 1975


   Attachment 3
   The Development Lease under the Land Act of 1962-1971. See item 4.


   Attachment 4
   The Character Statement for the Noosa Heads locality in The Noosa Plan (the
   Planning Scheme)

   Attachment 5
   The Overall Outcomes for the Noosa Heads                             locality in The Noosa Plan are
   attached


   Attachment 6
   Neighbouring Parks Map

   Attachment 7
   The Sound Park Landscape Site Analysis                       -

                                                                    Functionality Drawing

   Attachment 8
   The Sound Park Landscape Site Analysis                       -

                                                                    Connectivity Drawing

   Attachment 9
   The Sound Park Concept Plan                -

                                                 Aug2011

   Attachment 10
   o Place Restaurant Neighbour Noise Policy (See paragraph Safety & Security                                      -




   Noise levels).


   Attachment 11 NFP
   Community Consultation Report                -
                                                    NOT FOR PUBLIC




                                                      -
                                                          14-
W:ISCCIFBIPBSIBusiness_ TechlProjects 20111Quamby Place20111Trust Land Mgmt Plan Folder for DERMIDraft Quamby Place.
                              Trust Land Management Plan 2 May 2012.APPROVED.doc

Page 59

      ~’.".f eEAtTS
               .
          ;’                                                                              .




                                                                       ",                     ,




     *.f(..sASl: R l’ORN.                                                                 .,
                                                                                              !

                                                                                              I

                                                                       =;..;:~~~
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O’tttrnmt~ lY!(iaZt,tt
                                                ,


)BY                AUTHORITY

~:.lll~JI                          ~/I= ~(r;xg
,r rrH--;MARClt 19J3
:                                                                  [No. 41
                       -
..




               And whereas--

     of                (g) An. application by the said Council for approval
                           of a town.planning scheme (hereinafter referred                I
                           to as "thl? said scheme") prepared by the said



erein-
                             ’Council for part of the Area of the Shire of
                             Noosa pursuant to the said resolution was made
                             to the Minister within the period prescribed by the
                                                                                         ’l
things                       said Act;
                       (h)The application was accompanied by all objec-
                                                                                         j
r the                     tions, representations and pa[ticulars with which it
made                      was required to be accompanied by the said Act;

f the                        and
.ws.      a            (i) ne Goverpor in Council, aft r considering the
inisler                    application and all objections and representations
Ins    to                  accompanying such application, deems it expedient
                           to approve the application in .part:

                    Now, therefore, His Excellency the Governor, acting by
:ribed         and with the advice of the Executive Council and in pur-
pt of          suance of the provisions of the said Act, doth hereby approve
               in part the application by the said Council for approval of
ity in         tbe said scheme and doth hereby notify that the said scheme,
ed as          so approved in part, shall be as described in .the Schedule
               hereto.
map..II              And the Honourable the Minister for Local Government
               and   Electricity is to give the necessary directions herein
every          accordingly.
1 and
                                     KEITH’SPANN, q:rk of the Council.
.nying
ation,
or     in


’prove
                                         TIm SCHEDULE
Ice all
’ernor         THE TOWN-PLANNING SCHEME FOR PART OF THE
                         .



1    and                    SHIRE OF NOOSA
                                                                        .




which
                    This town.planning scheme includes the scheme maps and
               is divided into the following parts, namely:-
,f the
  such                 PART     I-DEFINiTIONS;
!and

as     to              PART    II-ZoNING;
,ereby                   Division I-Division      01   Town-Planning    Scheme
                              Area ;1110 Zones:
                         Division II-Table 01 Zones;
nafter
                       PART Ill-SI’ECIAL REQUIRBMENTS IN RELATION TO
.ng of
                           MULTIPLE DWELLINGS, ACCOMMODATION UNITS
1968,
nafter                     AND HOTELS

                       PART IV-EXISTING LAWFUL NON-CONFORMING UsllS;

Page 60

                                             5. (a) All the land comprising subdivisions 5
                                                                                           and 6 of
IH, Air   Marshal                        allotment I of suburban section C.
lli:1O Air Force,                           (b) All the land comprising resubdivisions I and 2
                                                                                               of
uished Oi’ er of                        sub ivision 3 of suburban portitln 1,
                                                                              parish of Weyba.
 Commander of
                                              (c) Commencing on the western alignment of Edward
British Empire,
                                        Street at its intcrsc:clion with Gympie Terrace and
lcr of the Dath,                                                                              hounded
                                        thence by that alignment and the northern
’cnsland and its                                                                         alignment of
                                        Elizabeth Slrc:et southerly and westerly to the
’\ustralia.                                                                                 so.uth-east
                                        corner of resubdivision 2 of subdivision    3 of portion 2,
                                        parish of Weyba, by the east boundaries of that resubdivision
                                        and resubdivision I, north to the souIll-eastern
                                                                                         alignment of
                                        Gympie Terrace an by tbat alignment north-easterly to the
                                        point  of commencement.

                                             6. All tbe land comprising subdivisions 39
     1936.-1973 it                                                                      and 40 of
                                        portions 10 and 11, parish of Weyba.
     GO’iernOr in
     Auihority, by                                            Town 01 Tewantin
     to         be   a    first-            7. (0) Commencing on the western alignment of Ernest
Act, and upon                          Street at tbe north-east comer of rc:,subdivision 67 of sub-
:  And whereas                         division I of pOrtion 106, pariSh of Tewantin, and bounded
Jested that the                        thence by the northern boundary of that resubdivision
I the Schedule                                                                                  ,north-
                                       ea.lerly to the eastern alignment oC Earl Street, by, that
lr tbe purposes
                                       aiignment, the southern alignment of Hilton Terrace and
:OLIN THOMAS                           the western alignment of Ernest Street.
 and with the                                                                   north-easterly, south-
                                       easterly and south-westerly t9 the point of commencement.
rsu:lnce o  the
hereby’ declare                             (b) All the land comprising subdivision 3 of resub-
                                       division 61 of subdivision 1 of p()rtion 106,
n the Schedule                                                                     parish of Tewaruin.
uposc!t. of the                             8. (a) All the land comprising
                                                                               resubdivisions 1 to 4
                                       of subdi-vision ,I of allotment 1 of section 12.

rnment               House,        ’

                                            (6) Commencing on the western alignment of
                                       Street at the ncrth-east cerner of subdivision           Diyan
muary, in  the                                                                         1 of allotment
: hundred and                          ’S of section 9 and bounded thence
                                                                           by the northern boundaries
i year of Her                           of that subdivision, allotments 4 and
                                                                                 3, subdivision I of
                                       allotment 2 and subdivision 2 of allotment
                                                                                      1. west to tbe
                                       eastern alignment of Sidoni
cKECHNIE.                                                             Street, by that alignment, the
                                       southern alignment of P(\inc na
                                                                         Ayenue, and the west align-
                                       ment of Di}’an Street, nocth-east and
                                                                               south to the pomt of
                                       commencement.

                                            (e) Commencing on the westorn alignment of Diyan
                                       Street at the south-east corner of subdivision 1 of
                                                                                            allotment
                                       6 of section 8 and bounded thence
                                                                             by that ajignment, the
57         to        74     of         northern aligIlment of Pcinciana Avenue and
                                                                                       eastern align.
                                       ment of Sidoni Street, south. west and
                                                                                north to the south.
                                       west corner of Lot 2 on R.P.
                                                                     116776, by the southern bound-
                                       aries of that Lot and Lots 2 and 1 on R.P.
42 to 380 of                                                                       120331, allotment
                                       8, subdivisions 2 and 1 of allotment 7 and subdivision 1
                                                                                                   of
                                       allotment 6. east to the pomi of
         17
                                                                         c:ommencelIltnt.       100
’ns                  to 198
eyba.
    alignment               ot
=    Beach Road
it:sterly to the
that alignment
t  of Arcadia
  south-western
:hat alignment


    alignmentof
:Beach    Road
lesterly to the
that alignment
L  Way north-
:ern            boundary
m        and         north-
Duth-west and
 the Cooroy-
 to the south-
    by that align-
nent.

tion 84, parish
;tern           boundary
l R,P. 129636,
: south-western


  south-easIer!y
   lines bearing
It 264 degrees
lt 327 degrees
} the point ,of




on  50 of sub-
If portion 151"


subdivision’ 83
n    1 of portion
if the southern
    nf    ...   hr....   "’’’.A

Page 61

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26° 23'15"

 

ZONING KEY

Residential

Residential A

Residential "B’

Business

Industry.

Special Purposes

Open Space

Joms Map N& 12

Future Urban

Rural

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