Development Application part 2 of 2 Covering Letters & Plans - MCU13/0069

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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
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                             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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     = martoo consulting          -
                                      Town Planning + Urban Designers + Surveyors + Development Managers                                          11