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MCU15/0029 Attachment 1 Duke Douglas Code Assessment Ver1

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                            MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                            MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                              2/18 Duke St Sunshine Beach
                                                                              2/18 Duke St Sunshine Beach




   ATTACHMENT A

   PLANNING SCHEME CODE ASSESSMENT

   2 / 18 DUKE STREET, SUNSHINE BEACH described as Lot 380
   on RP48111



   Applicant: RAVESIDE PTY LTD


   Date: FEBRUARY 2015




PT010115 VER DRAFT 060215                                                                                   1
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Page 2

                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                         2/18 Duke St Sunshine Beach
                                                                                                         2/18 Duke St Sunshine Beach




 EASTERN BEACHES LOCALITY CODE

 DIVISION 15—Specific Outcomes and Probable Solutions for the Eastern Beaches Locality
 Table 7.11

              Specific Outcomes                                               Probable solutions
    7.9 Effects of use
    Amenity
    O1 Uses are located, designed and operated to avoid                 No solution provided.               Complies - The proposed
    significant adverse changes to the light, air quality, noise,                                           change of use for a cafe
    accessibility or other conditions enjoyed by users of                                                   will not diminish the
    associated, adjoining or nearby uses.                                                                   amenity of the area or
                                                                                                            surrounding uses. The
                                                                                                            proposed operating hours
                                                                                                            are from Sunday to
                                                                                                            Thursday 6am to 10pm and
                                                                                                            Friday and Saturday 6am to
                                                                                                            12pm.
                                                                                                            Refer Section 5.5 Acoustic
                                                                                                            Considerations
                                                                                                             The design of the
                                                                                                             development respects the
                                                                                                             streetscape locality by
                                                                                                             incorporating additional
                                                                                                             landscape screening,
                                                                                                             mounding within the road
                                                                                                             reserve. The inclusion of
                                                                                                             this landscaping and taking
                                                                                                             into consideration the
                                                                                                             design and position of the
                                                                                                             café being below the
                                                                                                             street level of Douglas
                                                                                                             Street will ensure any
                                                                                                             acoustic or visual impacts
                                                                                                             will have no detrimental
                                                                                                             effects on surrounding
                                                                                                             areas. Access to the other
                                                                                                             three tenancies within the
                                                                                                             subject building are
                                                                                                             separate and will not be
                                                                                                             impacted by the proposed
                                                                                                             development.

    Character and function of the David Low Way
    O2 The vegetated character of the David Low Way is protected        No solution provided                N/A
    and new development recognises and protects the function,
    capacity and efficiency of the David Low Way as the major
    north-south link throughout the coastal part of Noosa.



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                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                         2/18 Duke St Sunshine Beach
                                                                                                         2/18 Duke St Sunshine Beach




                   Specific Outcomes                                          Probable solutions
    7.10          Built form
    Density
    O3 The density of development within the site area—                 No solution provided                Complies - The proposed
                                                                                                            development will be located
    a)     is compatible with surrounding development; and                                                  within an existing building
    b)     does not exceed—                                                                                 that is compatible with
           i.     for the Detached Housing Zone and the Rural                                               surrounding development.
                  Settlement Zone — 1 Detached house per lot
                  with the exception of Lot 163 on RP897370,
                  Pacific Avenue, Sunshine Beach which has an
                  allowable population density of 320 persons per
                  hectare exclusively f o r the purpose of a visitor
                  hostel;
           ii.    for the Semi-Attached Housing Zone:
                                                 2           2
                    A.    for sites between 500m and 599m
                          inclusive - 4.8 persons; or
                                        2
                    B.    for sites 600m or more - 6.6 persons or
                          100 persons per hectare whichever is the
                          higher, with the exception of the following
                          sites which have an allowable population
                          density of 320 persons per hectare
                          exclusively for the purpose of a visitor
                          hostel—
                           Lot 295 on RP883860 at 14 Duke
                              Street, Sunshine Beach;
                           Lots 339-341 on RP48111 at 1-3
                              Douglas Street, Sunshine Beach;
                           Lots 92-94 on RP94566, at the corner
                              of Wildflower and Hill Streets,
                              Sunshine Beach; and
                           Lots 8, 9 & 10 on P9315; and
                           Lot 76 on MCH2969 at 215-219 David
                              Low Way, Peregian Beach;
           iii.     for the Attached Housing Zone—
                    A. if in Sunshine Beach— 160 persons per
                          hectare; or
                    B. if not in Sunshine Beach 100 persons per
                          hectare with the exception of Lot 65 on
                          RP130983 at 7 Selene Street, Sunrise Beach
                          which has an allowable population density
                          of 320 persons per hectare exclusively for
                          the purpose of a visitor hostel; or
           iv.      for the Visitor Mixed Use Zone—160 persons per
                    hectare; and
           v.       for the Community Services Zone maximum
                    population density of 320 persons per hectare
                    exclusively for the purposes of Residential Aged
                    Care and 160 persons per hectare for any other
                    form of Retirement & Special Needs Housing;

                                                                                                                              Page 3 of 37
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                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                         2/18 Duke St Sunshine Beach
                                                                                                         2/18 Duke St Sunshine Beach




                  Specific Outcomes                                           Probable solutions
                    and
    c)      has a low site impact to enhance the opportunity to
            maintain natural site characteristics, including native
            vegetation and natural landforms.

   Height
    O4 Buildings and other structures—                                  S4.1 Buildings and other             N/A
    a)      are low rise and present a building height consistent       structures have a maximum            Existing building complies
            with structures on adjoining and surrounding land;          height of —
    b)      do not exceed a maximum height of—                          a)   if in the Attached Housing
            i.     For the Attached Housing Zone within                      Zone and located in
                   Sunshine Beach—3 storeys;                                 Sunshine Beach—12m;
                                                                        b)   if in the Visitor Mixed Use
            ii.    For the Visitor Mixed Use Zone—3 storeys,
                                                                             Zone— 12m, except for
                   except for Lots 75-77 P9311 Heron Street,
                                                                             Lots 75-77 Heron Street,
                   Peregian Beach—2 storeys; or
                                                                             Peregian Beach—8m;
            iii.   For any other zone— 2 storeys;                       c)   if in the Open Space
    c)      do not visually dominate the street, adjacent                    Recreation Zone or the
            properties, surrounding spaces or the existing skyline;          Community Services Zone
    d)      preserve the amenity of surrounding land, including              and used for an indoor
            existing sunlight to neighbouring properties; and                sporting complex—11m;
    e)      respect the scale of the dune and coastal vegetation.       d)   if in the Rural Settlement
                                                                             Zone— 8m, or 9m where
                                                                             the pitched roof but no
                                                                             other part of the building or
                                                                             structure exceeds 8m; or
                                                                        e)   in all other zones— 8m.
    Setbacks
    O5 Buildings and other structures are appropriately designed        S5.1 Buildings and structures        N/A
    and sited to—                                                       comply with the minimum              Existing building complies
    a)   provide amenity for users of the premises as well as           building setbacks identified in
         preserve the visual and acoustic privacy of adjoining          Schedule 1 - Minimum Boundary
         and nearby properties;                                         Setbacks.
    b)   provide adequate distance from adjoining uses;
    c)   preserve any existing vegetation that will buffer the
         proposed building;
    d)   allow for landscaping to be provided between buildings
         and street frontages and between neighbouring
         buildings;
    e)   maintain the visual continuity and pattern of buildings
         and landscape elements within the street; and
    f)   protect the natural character and visual amenity of the
         beachfront.

   Site cover, gross floor area and plot ratio
   O6 The site cover, gross floor area and plot ratio of buildings      No solution provided                 N/A – Existing building
   and other roofed structures—                                                                              complies and no increase in
    a)   results in a building scale that is compatible with                                                 the GFA is proposed.
         surrounding development;
                                                                                                                               Page 4 of 37
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                                                      MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                      MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                        2/18 Duke St Sunshine Beach
                                                                                                        2/18 Duke St Sunshine Beach




                 Specific Outcomes                                            Probable solutions
    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 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.
   O7 Site cover —
    a)   for a class 1 or class 10a structure within the Detached
         Housing Zone, does not exceed—
         i       for a single storey building - 50%; or
         ii      for a building of 2 or more storeys - 50% on the
                 ground floor and 30% for the upper storey(s), or
                 40% for all storeys for a building of 2 or more
                 storeys;
    b)   for other classes within the Detached House Zone does
         not exceed 40%;
    c)   for the Semi-Attached Housing Zone does not exceed
         40%;
    d)   for the Attached Housing Zone does not exceed—
         i       in Sunshine Beach–35%; or
         ii      otherwise–40%; or
    e)   for the Visitor Mixed Use Zone does not exceed 35%
    f)   for the Community Services Zone does not exceed 50%
   O8 For Multiple Housing Type 2 buildings have a maximum
   plot ratio of—
    a)   0.6:1 if in the Attached Housing Zone located in
         Sunshine Beach or
    b)   0.45:1 otherwise.
    O9 For Multiple housing Type 3 or 4, Visitor accommodation
    Type 4 or the accommodation unit component of an
    Entertainment and dining business Type 3 (hotel)—the
    maximum gross floor area is equivalent to the maximum
                                                                 2
    allowable population density in persons multiplied by 40m ,
    provided that Lots 75-77 on P9311 Heron Street, Peregian
                                                         2
    Beach, have a maximum gross floor area of 1,200m .
    O10 For the Neighbourhood Centre Zone the maximum plot
    ratio is as follows—
                                                        2
    a)   0.8:1 for site areas up to and including 2000m ; and
                                                             2
    b)   0:3:1 for that area of a site in excess of 2,000m .
    Flooding and drainage 63                                                                               N/A
    O11 Buildings and other works are designed and sited to—           S11.1 For new buildings or          Using existing approved
    a)   provide flood free access to premises and flood free          structures or additions of more     building.
                                                                                                                             Page 5 of 37
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                                                   MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                   MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                     2/18 Duke St Sunshine Beach
                                                                                                     2/18 Duke St Sunshine Beach




                 Specific Outcomes                                         Probable solutions
                                                                              2
         habitable areas;
                                                                    than 50m gross floor area to an
    b)   allow only minor, short term and infrequent flooding of
                                                                    existing building or structure, floor
         non-habitable areas;
                                                                    levels for habitable rooms are—
    c)   ensure carparking areas can be adequately drained;
    d)   ensure drainage does not adversely impact upon other       a)    for areas where minimum
         premises; and                                                    floor levels are available—
    e)   ensure filling or excavation does not adversely impact           not less than the specified
         upon other premises by—                                          level;
         i.     causing ponding on the site or nearby land;         b)    for areas where flood
         ii.    increasing flooding, which adversely affects the          modelling is available—a
                safety or use of any land upstream and                    minimum of 500mm above
                downstream;                                               the modelled flood level;
         iii.   adversely affecting the flow of water in any              and
                overland flow path; and                            c)     for areas where flood
         iv.    falling towards the frontage or other boundaries          modelling is not available, a
                without sufficient retention                              minimum of 500mm above
                                                                          the highest known flood
                                                                          level;
                                                                    AND
                                                                    S11.2 Where Council
                                                                    infrastructure is available—
                                                                    a)     any drainage (for buildings
                                                                           and land) flows to that
                                                                           infrastructure; and
                                                                    b)     the infrastructure has the
                                                                           capacity to accept any
                                                                           additional loading.
                                                                    AND
                                                                    S11.3 Car parking and
                                                                    maneuvering areas are
                                                                    constructed at a level that permits
                                                                    the parking area to drain from the
                                                                    site by gravity means, without the
                                                                    need for mechanical pumping; or
                                                                    S11.4 Basements for residential
                                                                    uses have flood immunity above
                                                                    the Q100 where alternative
                                                                    means to mechanical pumping are
                                                                    used to achieve such immunity; or
                                                                   S11.5 Basements for non-
                                                                   residential uses have flood
                                                                   immunity above the Q100 that
                                                                   may be achieved by means of
                                                                   mechanical pumping where the
                                                                   mechanical feature is installed
                                                                   with adequate holding tanks and
                                                                   an alternative back up power
                                                                   source.


                                                                                                                          Page 6 of 37
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                                                      MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                      MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                        2/18 Duke St Sunshine Beach
                                                                                                        2/18 Duke St Sunshine Beach




                 Specific Outcomes                                               Probable solutions

    Roof form
    O12 Roof forms—                                                       S12.1 The main roof of the building    N/A
    a)   contribute positively to the local skyline;                      has a roof pitch no less than 5        Using existing approved
    b)   complement the beachside character of the locality;              degrees and has minimum 600mm          building.
    c)   use soft and articulated pitched or curved roof forms;           eaves to at least 75% of the
    d)   avoid low pitched (e.g. less than 5 degrees) or box              perimeter of the building;
         profiles/parapets; and
                                                                          AND
    e)   do not create opportunities for residents to overlook the
         private open space areas of neighbouring properties.             S12.2 Buildings and structures do
                                                                          not include roof top terraces.

    Sloping sites
    O13 Development on sloping sites—                                     S13.1 Buildings and associated         N/A
    a)   is responsive to the natural topography of the site and          accessways are not constructed         Using existing approved
         minimises cut and fill;                                          on land with a slope greater           building.
    b)   does not visually dominate the hill slope or interrupt the       than 1 in 4 (25%);
         skyline;                                                         AND
    c)    is integrated with the natural site characteristics including   S13.2 Buildings are of split level
         vegetation; and                                                  design that step down the slope or
    d)   or Multiple housing, takes the form of small separate            have suspended floor construction;
         buildings.                                                       AND
                                                                          S13.3 Cut or fill is less than 2m in
                                                                          depth;
                                                                          AND
                                                                          S13.4 The distance between the
                                                                          ground and the lowest part of the
                                                                          floor of the building does not
                                                                          exceed 3m to avoid large under-
                                                                          building areas;
                                                                          AND
                                                                          S13.5 Buildings present no more
                                                                          than—
                                                                          a) if in the Visitor Mixed Use Zone
                                                                               – 3 storeys at any one point
                                                                               when viewed from the street;
                                                                          b) if in any other Zone - 2 storeys
                                                                               at any one point when viewed
                                                                               from the street
    7.11 Environment, Conservation and Recreation
    Environment and cultural heritage values
    O14 There are no significant adverse effects on biodiversity,         No solution provided                   The proposed development
    natural vegetation, native fauna habitat, landscape quality,                                                 is located within an existing
    water quality or cultural heritage values, including those            Advisory note                          approved building and will
    related to—                                                           PSP24 – Effluent Disposal details      not pose any significant
                                                                          requirements for the design and        changes to the external built
    a)   changes to natural drainage;                                                                            form or surrounding natural
                                                                          siting of effluent disposal
    b)   changes to natural coastal processes;                                                                   environment.
                                                                          systems where located outside a
    c)   disturbance of the dune system and wetland system;
                                                                          sewerage service area.
                                                                                                                                   Page 7 of 37
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                                                     MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                     MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                       2/18 Duke St Sunshine Beach
                                                                                                       2/18 Duke St Sunshine Beach




                 Specific Outcomes                                           Probable solutions
    d)    management of landslide and fire risk;                      Compliance with PSP24 will be
    e)    erosion and the transport of sediments off site;            considered as part of Council’s
    f)    unmanaged public access;                                    assessment of the plumbing
                           64
                                                                      and drainage application.
    g)    effluent disposal ;
    h)    changes to fauna habitat and behaviour; and
    i)    disturbance of buildings and features, including natural
          features of cultural heritage significance.
    Open space network
    O15 An integrated open space network is established,              S15.1 Open space corridors and         Complies - The proposed
    enhanced and protected throughout the locality to—                existing native vegetation in          development will not have
                                                                      areas indicated in Schedule 5 –        any impact on existing open
    a)    provide for both passive and active                         Map 4 are protected from               space networks within the
          recreational pursuits;                                      fragmentation and                      locality.
    b)     provide connectivity for pedestrians and cyclists,         encroachment by development.
    c)     provide habitat connectivity for wildlife;
    d)     protect watercourses and drainage lines;
    e)     protect vegetation on steep slopes; and
    f)     form a scenic backdrop for residential development.

    Pedestrian and bicycle pathways                                  S16.1 Pedestrian and bicycle            N/A
    O16 Safe and convenient pedestrian and bicycle pathways are      pathways are provided and
    provided and retained between and throughout key                 retained where indicated in the
    destinations including—                                          Priority Infrastructure Plan in Part
                                                                     15;
    a)     an east-west link between the beach and the northern
           end of Lake Weyba via Burgess Creek;                      AND
    b)    a north-south link between the Noosa National Park to       S16.2 Contributions toward
          the north of the locality and the former Shire boundary     pedestrian and bicycle pathways
          near Peregian Beach; and                                    are provided in accordance with the
    c)    links within and around Sunrise and Sunshine Beach          Priority Infrastructure Plan in Part
          linking business and community uses with residential        15.
          development.

    Beach access points
    O17 Access points to the sensitive foredune systems are           No solution provided                   N/A
    defined and controlled by the establishment of key access
    nodes which are designed and sited having regard to the
    potential adverse impacts on—
    a)    visual amenity;
    b)    dune stability;
    c)    natural habitat; and
    d)    water quality;
    AND
    O18 Access to the foredune system and beachfront is via
    formalised communal beach accesses, rather than individual
    informal tracks.
                      65
    Aircraft safety
    O19 Wildlife, including birds and bats, are not attracted into
    the operational airspace of the Sunshine Coast Airport in         S19.1 Uses involving disposal of
                                                                      putrescible waste are not located
                                                                                                                              Page 8 of 37
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                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                         2/18 Duke St Sunshine Beach
                                                                                                         2/18 Duke St Sunshine Beach




                 Specific Outcomes                                                Probable solutions
    significant numbers;                                                  within 13km of the Sunshine Coast
    AND                                                                   Airport; (See Map M7-1 below)
                                                                          AND

    O20 Physical obstructions do not adversely affect the                 S20.1 Uses involving aviation
    operational airspace of the Sunshine Coast Airport;                   activities, including parachuting
                                                                          and hot air ballooning, are not
    AND                                                                   located within 15km of the
                                                                          Sunshine Coast Airport; (See Map
                                                                          MA2 below)
                                                                          AND


                                                                          S21.1 None of the following is
    O21 Emissions do not significantly affect air turbulence,             permitted within 15km of the
    visibility or engine operation in the operational airspace of the     Sunshine Coast Airport— smoke,
    Sunshine Coast Airport.                                               ash, steam, dust or gaseous
                                                                          plumes exceeding 4.3m per
                                                                          second. (See Map 7-2 below)
 63
   Council has mapping of minimum floor levels and flood levels and flood modelling for some parts of the Shire. Contact the Land Development
   Section of Shire Council, Tewantin Office.
 64
   Council may request additional information on the proposed method of effluent disposal to ensure the nature of the development is compatible with
   environmental values. Refer to PSP1 – Information Council May Request.
 65 Maps MA 1 and MA 2 identify land within 13 and 15 kilometres of the Sunshine Coast Airport.




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                                                     MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                     MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                       2/18 Duke St Sunshine Beach
                                                                                                       2/18 Duke St Sunshine Beach




 DIVISION 19—Specific Outcomes and Probable Solutions for the Visitor Mixed Use Zone
 Table 7.15

    Specific Outcomes                                                Probable solutions
    7.24 Consistent uses
    O44 The following defined uses and use classes are              No solution provided.              Complies - The proposed use is
    consistent uses and are located in the Visitor Mixed Use                                           for Entertainment and dining
    Zone—                                                                                              business Type 1 and is
    a)   Commercial business;                                                                          recognized as a consistent use
                                                                                                       within the Visitor Mixed Use
    b)   Entertainment and dining business Type 1;
                                                                                                       Zone.
    c)   Home-based business Type 1;
    d)   Retail business Type 1 or 2;
    e)   Education Type 4;
    f)   Wellbeing Type 2; and
    g)   Visitor accommodation Type 4, where in conjunction
         with Business Uses on the ground floor.
    7.25 Inconsistent Uses
    O45 The following defined uses and use classes are              No solution provided.              N/A
    inconsistent uses and are not located in the Visitor Mixed
    Use Zone—
    a)   All Agricultural Uses;
    b)   Entertainment and dining business Type 2 or 3;
    c)   Home-based business Types 2 or 3;
    d)   Industrial business;
    e)   Retail business Types 3, 4, 5, 6 or 7;
    f)   Education Types 1, 2 or 3;
    g)   Emergency service;
    h)   Open space;
    i)   Wellbeing Types 1, 3 or 4;
    j)   All Infrastructure Uses;
    k)   Detached house;
    l)   Community residence;
    m) Ancillary dwelling unit;
    n)   Multiple housing; and
    o)   Visitor accommodation Types 1, 2, 3 or 4 where
         Business Uses not included on the ground floor.
    7.26 Effects of Use
    Amenity
    O46 Mixed-use development, incorporating                        S46.1 Business deliveries are       Complies - The proposed
    accommodation units, is designed and operated to ensure         undertaken only between the         change of use for a cafe will
    Business Uses do not have any adverse impact on the             hours of 7am to 7pm;                not diminish the amenity of
    amenity enjoyed by residents, including impacts associated      AND                                 the area or surrounding uses.
    with—                                                           S46.2 Business uses operate only    The proposed operating
    a)   visual and acoustic privacy;                               between the hours of 7am to         hours are from Sunday to
                                                                                                                           Page 10 of 37
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                                                    MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                    MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                      2/18 Duke St Sunshine Beach
                                                                                                      2/18 Duke St Sunshine Beach




    Specific Outcomes                                               Probable solutions
    b)   safety and security; and                                  10pm, 7 days a week, except Friday   Thursday 6am to 10pm and
    c)   lighting.                                                 and Saturday where Entertainment     Friday and Saturday 6am to
                                                                   and dining business uses may         12pm.
                                                                   operate until 12pm.                  Refer Planning Report
                                                                                                        Section 5.5 Acoustic
                                                                                                        Considerations
                                                                                                        The design of the
                                                                                                        development respects the
                                                                                                        streetscape locality by
                                                                                                        incorporating additional
                                                                                                        landscape screening,
                                                                                                        mounding within the road
                                                                                                        reserve. The inclusion of this
                                                                                                        landscaping and taking into
                                                                                                        consideration the design and
                                                                                                        position of the café being
                                                                                                        below the street level of
                                                                                                        Douglas Street will ensure
                                                                                                        any acoustic or visual
                                                                                                        impacts will have no
                                                                                                        detrimental effects on
                                                                                                        surrounding areas. Access to
                                                                                                        the other three tenancies
                                                                                                        within the subject building
                                                                                                        are separate and will not be
                                                                                                        impacted by the proposed
                                                                                                        development.

    Active building fronts
    O47 Uses on the ground floor are predominantly shops,          S47.1 Ground floor                   Complies - The proposed
    restaurants, cafes and business premises that create active    premises provide a                   development for a café will
    building fronts, with other Business Uses and/or Residential   minimum 50% glazing to               provide an active building
    Uses above.                                                    shop fronts to create active         front on the ground floor of
                                                                   building fronts;                     the existing building. The
                                                                   AND                                  existing building has over
                                                                                                        50% of the shop front as
                                                                   S47.2 Development                    glazing which will be
                                                                   incorporates outdoor dining or       retained in the proposed
                                                                   seating areas                        use.

   Pedestrian links
   O48 Pedestrian connectivity between buildings, recreation       No solution provided.                Complies - The subject site
   areas, the beach and other public spaces are retained and                                            fronts onto an existing
   enhanced.                                                                                            pedestrian pathway that
                                                                                                        connects the local residential
                                                                                                        area with the amenities and
                                                                                                        services located along Duke
                                                                                                        Street. A paved pathway
                                                                                                        leads from the parking
                                                                                                        spaces behind the subject
                                                                                                        building down to the shop
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                                                      MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                      MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                        2/18 Duke St Sunshine Beach
                                                                                                        2/18 Duke St Sunshine Beach




    Specific Outcomes                                                 Probable solutions
                                                                                                         front and proposed outdoor
                                                                                                         dining area.
    7.27 Built Form
    Streetscape & character
    O49 Buildings and other structures present a high quality        No solution provided.               Complies - The proposed
    streetscape with design elements and building forms that—                                            development will be located
    a) are consistent with the bulk and scale of buildings on                                            within an existing building
         adjoining and nearby land;                                                                      that complies. An existing
    b) define, rather than dominate, the street and public                                               outdoor paved area is
         spaces;                                                                                         proposed to be used for
    c) create pedestrian scale and visual interest;                                                      outdoor dining.
    d) provide variation in the front building alignment (i.e.
         staggering shop units);
    e) emphasise the corners (i.e. through increased wall or
         window detailing or variation);
    f)   present subtle changes in colours, textures and
         materials to break up the building facades;
    g) vary and break up the roof form;
    h) integrate signage into the building design;
    i)   integrate landscaping into the building design and
         carparking areas; and
    j)   provide areas for outdoor dining and meeting
         opportunities at ground level.

    Residential entry and pedestrian access
    O50 The residential component of the development                 No solution provided.               N/A
    provides for—
    a)   separate identifiable residential entries;
    b)   clearly defined and safe pedestrian access to dwelling
         units and accommodation units that are appropriately lit,
         visible to others and directly accessible to units from
         areas likely to be used at night; and
    c)   clear identification of what is private versus public
         space by using features such as low walls, changes in
         surface texture or other landscape treatment.

    Street awnings
    O51 Street awnings are designed and located to—                  S51.1 Awnings over footpaths—       The proposed development
    a)   provide continuous weather protection for                   a)   are provided along the full    will be located within an
         pedestrians;                                                     frontage of the premises,      existing building that
    b)   maintain the continuity and style of adjacent                    where no other weather         complies.
         awnings, especially in relation to height, scale, form           protection is provided for
         and materials;                                                   pedestrians as part of the
    c)   contribute to an attractive streetscape                          building design,
         environment;                                                b)   conform with the height,
    d)   promote an active building front by encouraging                  form and materials of
         pedestrian use of the street;                                    awnings on adjoining
    e)   provide a feeling of enclosure and human scale for               properties which share the
         pedestrians so as to contribute to the sense of                  same frontage;
         place; and                                                  c)   are no more than 3m in
                                                                                                                            Page 12 of 37
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                                                    MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                    MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                      2/18 Duke St Sunshine Beach
                                                                                                      2/18 Duke St Sunshine Beach




    Specific Outcomes                                               Probable solutions
    f)   have an adequate clearance distance from the kerb                height;
         to prevent obstruction.                                    d)    where the awnings fall
                                                                          towards the street, are no
                                                                          less than 2.4m at their
                                                                          lowest point; and
                                                                    e)    are set back a minimum of
                                                                          0.5m from the kerb.

    Street paving
    O52 A consistent paving pattern, material and design is to be   No solution provided.                   Complies - The proposed
    adopted for outdoor public areas.                                                                       development will utilise
                                                                                                            existing paved outdoor
                                                                                                            areas.

    Access and parking
    O53 Within Sunshine Beach, vehicular access is provided         S53.1 No additional vehicle             Complies - Existing vehicular
    from the rear of the premises to minimise conflict with         access ways are created on the          access is provided via
    pedestrian traffic associated with ground level Business        north-western side of Duke              Douglas Lane to the rear of
    Uses.                                                           Street, between Douglas Street          the premises.
                                                                    and Bryant Street, Sunshine
                                                                    Beach.


                                                                    S54.1 No solution provided.
    O54 For Lots 75-77 on P9311 Heron Street, Peregian Beach, car
    parking is at basement level.

    Garages and carports
    O55 Garages, carport structures and vehicle                     S55.1 Garages and carports—             Complies - Existing car
    manoeuvring areas are designed and sited to—                    a)    have a front boundary             parking and garage space is
    a)   provide for resident and visitor parking;                        setback of at least 6m; and       provided behind the
    b)   visually integrate with the building and to not dominate   b)    present a minimum width to        premises and complies.
         the street front;                                                the streetscape (the total
    c)   allow opportunity for landscaping to screen vehicle              width of garage doors is no
         parking and manoeuvring areas;                                   more than 6m or 50% of the
    d)   minimise the number of driveway accesses; and                    frontage width, whichever is
    e)   allow safe and efficient access to and egress from the           the lesser, where the
         premises.                                                        structure faces the street); or
                                                                    c)    that are visible from, but do
                                                                          not face the street, include
                                                                          windows or other
                                                                          articulation and have a 6m
                                                                          vegetated buffer between
                                                                          the structure and the road
                                                                          frontage.
                                                                    AND
                                                                    S55.2 Where multiple lock up
                                                                    garages are included garages
                                                                    are stepped back a minimum of
                                                                    600mm from each other, in
                                                                    relation to the frontage or are
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                          MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                          MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                            2/18 Duke St Sunshine Beach
                                                                            2/18 Duke St Sunshine Beach




    Specific Outcomes                     Probable solutions
                                         separated by 1.5m;
                                         AND
                                         S55.3 Garages, carports and
                                         uncovered spaces are designed
                                         to allow vehicles to enter and
                                         exit the site in a forward gear
                                         through a 3-point turn
                                         maximum;
                                         AND
                                         S55.4 The development provides
                                         for shared driveways to minimise
                                         the number of access points,
                                         except on sites with more than
                                         one street frontage, where
                                         garages or carports in the
                                         development front separate
                                         streets.




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                                                         MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                         MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                           2/18 Duke St Sunshine Beach
                                                                                                           2/18 Duke St Sunshine Beach




 BUSINESS USES CODE
 14.12 Specific Outcomes and Probable Solutions for the Business Uses Code

 Table 14-5
                                                           Probable solutions (if code
  Specific Outcomes                                                                                           Proposal
                                                           assessable)
   14.13 Effects of use
   Uses
   O1 Uses are of a commercial or retail nature            S1.1 The new use is one of the following:          Complies - The proposed new
   ordinarily expected within a town or village            a)   Bank, credit union, insurance agency,         use as a café is of a
   centre.                                                      professional office, travel agent or real     commercial nature and the
                                                                estate office; or                             type of use expected within a
                                                           b)   Medical centre or health therapist; or        village centre.
                                                           c)   Café or restaurant; or
                                                           d)   Shop or salon.

    Site Locality
    O2 The site is located within an existing              S2.1 The site is located within one of the         Complies - The subject site is
    business centre, neighbourhood centre or               following zones:                                   located within the Visitor
    village centre;                                        a)   Business Centre Zone;                         Mixed Use Zone and the
    AND                                                    b)   Neighbourhood Centre Zone;                    proposed new use is
                                                           c)   Village Mix Zone.                             recognized as a consistent use
    O3 The new use occupies an existing building                                                              with this Zone according to
    without increasing the size of the building or         S3.1 The new use does not rely on the addition     Table 7.4 of the Eastern
    the use area and without increasing the                of any new buildings or the expansion of           Beaches Locality Plan.
    number of tenancies.                                   buildings or outdoor use area and no partition
                                                           walls are created to increase the number of        Complies - The new use will
                                                           businesses.                                        occupy an existing building. No
                                                                                                              new external buildings are
                                                                                                              proposed. An internal café fit
                                                                                                              out will take place to comply
                                                                                                              with requirements of a Food
                                                                                                              Premises License. No partition
                                                                                                              walls will be created. The Duke
                                                                                                              Douglas Café will be the sole
                                                                                                              business trading from the
                                                                                                              premises.

    Amenity
   O4 The new use is operated in a manner that             S4.1 Where the site adjoins land in a              Complies - The proposed
   avoids noise emissions that unreasonably                residential zone, the use does not o p e r a t e   change of use for a cafe will
   diminish the amenity of the area or surrounding         outside of the hours of 7:00am to 9:00pm.          not diminish the amenity of
   uses.                                                   S5.1 New or additional signage does not            the area or surrounding uses.
    AND                                                    include:                                           The proposed operating hours
                                                                                                              are from Sunday to Thursday
    O5 Advertisingdevices—                                 a)   flagpoles attached to a building or           6am to 10pm and Friday and
    a)    are compatible with the human-scale and               structure, used for displaying a              Saturday 6am to 12pm.
          character of the centre in which they are             commercial banner or flag;
                                                           b)   a sign fitted or painted on a blind or        Refer Section 5.5 Acoustic
          situated;                                                                                           Considerations
    b)    are compatible with the scale, proportion,            sunhood;
          bulk and other characteristics of buildings,     c)   a sign capable of displaying a number of      The design of the development

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                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                         2/18 Duke St Sunshine Beach
                                                                                                         2/18 Duke St Sunshine Beach




                                                         Probable solutions (if code
  Specific Outcomes                                                                                          Proposal
                                                         assessable)
          structures and landscaping; and                      messages by electronic or mechanical          respects the streetscape
    c)    are designed, sited and integrated so as             means;                                        locality by incorporating
          not to contribute to the proliferation of      d)    a sign displayed on a surface by the          additional landscape
          visual clutter.                                      projection of light;                          screening, mounding within
    AND                                                  e)    a sign painted on a roof;                     the road reserve. The inclusion
                                                         f)    a sign affixed to or extending above a roof   of this landscaping and taking
                                                               or parapet of a building or other structure   into consideration the design
                                                               and which is wholly or partially supported    and position of the café being
                                                               by the building or structure; or              below the street level of
                                                         g)    a 3-dimensional device erected or             Douglas Street will ensure any
                                                               installed for the purpose of advertising      acoustic or visual impacts will
                                                         AND                                                 have no detrimental effects on
                                                                                                             surrounding areas. The
                                                         S5.2 The maximum sign face area of any single       proposed development will
                                                                                  2
                                                         sign does not exceed 4m on any face;                utilize existing signage space
                                                        AND                                                  that complies.

                                                        S5.3 T h e maximum combined sign face area of        Complies - Waste storage area
                                                                                         2                   for the premises is located
                                                        all signs on the premises is 10m .                   behind the building and is out
                                                                                                             of sight from the front and
                                                                                                             side access to the site.
                                                         S6.1 Waste storage areas, external storage
                                                         areas and loading docks are visually screened
                                                         by landscaping or fencing.
    O6 Waste storage areas, external storage areas
    and loading docks do not detract from the visual
    amenity of the streetscape or cause nuisance to
    adjoining properties.

    Outdoor dining areas
    O7 Outdoor dining areas are designed and             S7.1 Walls to outdoor dining areas are—             Complies - The proposed
    located so that—                                     a)    if facing a roadway or other public area,     development does not involve
    a) structures are aesthetically pleasing and               transparent;                                  building any additional
         in keeping with the existing character of       b)    not made of flexible, roll-up or drop         external structures. Outdoor
         the area, including the architecture of the           plastic sheeting;                             dining will consist of
         associated building;                            c)    separated from the floor and any roof         removable furniture and
    b) outdoor dining adds to the landscaped                   by a minimum vertical gap of 500mm;           umbrellas for cover that will
         streetscape without increasing perceived              and                                           be in keeping with the
         building bulk;                                                                                      surround street scape. The
                                                         d)    if detachable or collapsible, are only
    c) temporary walls or roofs are stored when                                                              outdoor dining proposed
                                                               used during inclement weather;
         not in use and secured at all times;                                                                meets the outcomes of the
    d) adequate air movement is available; and           AND                                                 PSP14 Outdoor Dining.
    e) structures do not impede the movement             S7.2 Roof, walls or other structures do not
         of pedestrians or vehicles;                     extend beyond the boundaries of the
    AND                                                  premises;
                                                         AND
                                                         S7.3 The outdoor dining area complies with
                                                         Planning Scheme Policy PSP14 Outdoor Dining.
                                                         S8.1 Roof structures over outdoor dining areas
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                                                      MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                      MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                        2/18 Duke St Sunshine Beach
                                                                                                        2/18 Duke St Sunshine Beach




                                                        Probable solutions (if code
  Specific Outcomes                                                                                        Proposal
                                                        assessable)
    O8 Adequate clearways and head clearance are have a minimum clearance height of 2.1m.
    provided to allow safe movement of users of the
    premises.

    Car Parking
    O9 Sufficient carparking is available to            S9.1 Off street carparking is provided at a rate   Complies - Existing use complies
                                                                           2
    accommodate the number and type of vehicles         of 1 space per 20m of gross floor area;            with DA conditions 2 & 3 (Ref:
    likely to be generated by the uses on the site                                                         02386 [3B 447]) providing 4 off-
                                                                                                           street car parking spaces and
                                                                                                           payment of a contribution to
                                                                                                           Council in lieu of 2 off-street car
                                                                                                           parking spaces. The new use
                                                                                                           does not increase the GFA.


 Table 14-8 For all Business Uses

                                                        Probable solutions (if code
  Specific Outcomes                                                                                         Proposal
                                                        assessable)
   14.16 Effects of use


    Electricity infrastructure
    O18 The development does not adversely              S18.1 No solution provided                         Complies - Existing building
    impact on existing or future electricity supply                                                        does not adversely impact on
    infrastructure;                                                                                        electricity infrastructure.
    AND                                                                                                    Complies - Premises is not
    O19 All uses and works maintain an adequate         S19.1 Development for uses adjacent to or          located within 50m of an
    safe distance from electrical infrastructure        within 50m of an existing electricity substation   electricity substation.
    including substations, overhead powerlines,         incorporates noise attenuation measures to
    power poles and transformers.                       mitigate noise impacts;
                                                        AND
                                                        S19.2 Buildings and structures (including
                                                        swimming pools, sheds, tennis courts and           Existing building complies.
                                                        outbuildings) are not constructed under
                                                        overhead electricity transmission lines, or
                                                        within electricity easements.

    Noise
    O20 Development is designed and sited to            No solution provided.                              Complies - Noise will be kept to
    avoid noise emissions that unreasonably                                                                an acceptable level so as not to
    diminish the amenity of the area or                                                                    disturb neighboring properties.
    surrounding uses.

    Mechanical plant and equipment and
    storage areas
    O21 Mechanical plant and equipment                  S21.1 Mechanical plant and equipment               Complies - Existing building
    (including air conditioning equipment) and                                                             achieves the outcomes with no
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                                                     MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                     MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                       2/18 Duke St Sunshine Beach
                                                                                                       2/18 Duke St Sunshine Beach




                                                       Probable solutions (if code
  Specific Outcomes                                                                                          Proposal
                                                       assessable)
    storage areas are designed and located to—         are—                                                 changes proposed
    a)   avoid adverse visual impacts when             a)    located more than 2m from any property
         viewed from the street and adjoining                boundary;
         properties; and                               b)    where located at ground level, screened
    b)   visually integrate with the building                by fencing 1.5m in height or dense
         design.                                             vegetation of at least 1.5m in width
                                                             incorporating grouped trees and 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
                                                       S21.2 For Industrial business and 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     N/A
                                                       greater.

    Safety and security
    O22 All property boundaries are clearly           S22.1 Boundaries are identified by such means         Complies - The subject
    identifiable with public and private spaces       as -                                                  property boundaries are
    clearly defined.                                                                                        clearly identifiable by a change
                                                       a)    fencing; or
                                                                                                            in surface material where the
                                                       b)    changes in surface materials or levels; or
                                                                                                            paved outdoor area meets
                                                       c)    landscapetreatments;                           landscaping.
                                                       AND
                                                       S22.2 Loading and storage areas are well lit or
                                                       can be locked after hours.

                                                                                                            Complies- Existing building
    O23 All premises and access routes are clearly     S23.1 All premises are identified by the             and access routes are easily
    identifiable to all persons, particularly          provision of the street number in a prominent        identifiable.
    emergency services personnel.                      location, preferably near the site entry, (i.e. on
                                                       the kerb or letterbox or by signage on the
                                                       building or site).
                                                       S24.1 The number of entrances and exits are          Complies - The main entry/exit
    O24 All building entries are designed t o be       limited and main building entrances/exits are        point to the premises is
    obvious and easily identifiable.                   located at the front of the site, in view of the     located on the street front
                                                       street. Where this is not possible, due to site      with a clear entrance pathway
                                                       or existing building constraints, a well defined     leading from the external
                                                       path is provided to the entrance/exit;               footpath along Duke Street.
                                                       AND
                                                       S24.2 All entrances/exits to buildings, are          The side pathway provides a
                                                       well lit and signed, and signage includes            direct link from parking spaces
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                                                      MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                      MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                        2/18 Duke St Sunshine Beach
                                                                                                        2/18 Duke St Sunshine Beach




                                                        Probable solutions (if code
  Specific Outcomes                                                                                         Proposal
                                                        assessable)
                                                        hours of operation;                                to the rear of the premises to
                                                                                                           the shop front.
                                                        AND
                                                                                                           The main internal/external
                                                        S24.3 Entrances/exits are located to provide
                                                                                                           access doorway is a sliding
                                                        a direct link to driveways and carparking
                                                                                                           glass door.
                                                        areas;
                                                        AND


                                                        S24.4 Recessed doorways are 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.
                                                        S25.1 Windows and main entrances
                                                        are positioned to allow for casual                 Complies - The majority of the
                                                        surveillance.                                      shop front external wall is
                                                                                                           glazed and will allow for casual
                                                                                                           surveillance.

                                                        S26.1 Communal open spaces, including
                                                        congregation and seating areas are situated        Complies - The proposed
                                                        where they are in the line of sight of             outdoor dining area is clearly
                                                        windows, doors and/or balconies of                 visible from inside the café and
    O25 Uses are arranged within buildings and on       buildings, or can be seen from a street or         from the external street and
    sites to enable external areas to be monitored.     other public space.                                footpath.

                                                        S27.1 Buildings or structures that are             Complies - Existing building
    O26 Communal open space, including                  visible from a public street or laneway—           complies.
    congregation and seating areas, is located          a) avoid the use of solid fences and blank
    where it can be monitored.                                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
    O27 Buildings and structures are designed to              other measures (but not including
    minimise opportunities for vandalism.                     security shutters that obscure the view of
                                                              shop fronts) 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.
                                                        S28.1 Lighting of appropriate intensities is
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                                                   MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                   MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                     2/18 Duke St Sunshine Beach
                                                                                                     2/18 Duke St Sunshine Beach




                                                     Probable solutions (if code
  Specific Outcomes                                                                                      Proposal
                                                     assessable)
                                                     provided which satisfies the requirements of
                                                     Australian Standard AS1158: Public Lighting
                                                     Code, unless otherwise specified in this Code;
                                                    AND
                                                     S28.2 External lighting of a graduated             Complies - Lighting spill has
                                                     intensity is provided which starts at a lower      been considered and will be
                                                     level of brightness at the perimeter of the site   operated at acceptable levels
                                                     and rises to a higher level at the entrance to     and will not impact adjoining
                                                     buildings or at the centre of the site;            properties.
                                                     AND
                                                     S28.3 Lighting is directed onto the site and
                                                     away from neighbouring properties;
    O28 Lighting of appropriate intensities is
    provided to maximize safety.                     AND
                                                     S28.4 Vandal-resistant lighting is
                                                     used in public and publicly
                                                     accessible areas.
                                                     S29.1 Public toilets are located in high
                                                     traffic areas;
                                                     AND
                                                     S29.2 Features that may legitimise
                                                     loitering, such as seating or public
                                                     telephones are not located within
                                                     20m of toilet entrances;

                                                                                                        N/A




    O29 Public toilets are designed and
    constructed to—
    a)   ensure the safety of all people using
         them; and
    b)   take advantage of informal surveillance
         from adjoining uses and activities,
         discouraging non- legitimate uses.
    O30 Premises have accessibility to public       S30.1 Safe and convenient pathway access is         Complies - The premises fronts
    transport.                                      provided from the site to link to existing          onto the existing Duke St
                                                    pathway networks that services public               pathway that links up with the
                                                    transport facilities;                               local bus stop approximately

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                                                    MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                    MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                      2/18 Duke St Sunshine Beach
                                                                                                      2/18 Duke St Sunshine Beach




                                                      Probable solutions (if code
  Specific Outcomes                                                                                       Proposal
                                                      assessable)
                                                     OR                                                  200m from the subject site.
                                                     S30.2 Direct pathway access is provided to
                                                     the public transport facility if the facility is
                                                     contained on site or within 50m from the
                                                     property boundary.

    O31 Business Uses are designed and               S31.1 Safe and convenient cycle access to           Complies - Existing pathway
    constructed to encourage users of the            and from the site from the existing road and        network and access encourage
    development to access the site by means of       bicycle network, and safe pathway movement          walking and cycling.
    foot or bicycle through provision of             within the site is provided;                        The proposed development is
    appropriate end-of- trip facilities including     AND                                                not increasing the overall GFA
    bicycle parking and shower/changerooms.                                                              of the site and using an
                                                      S31.2 Secure and convenient parking space for
                                                      bicycles is provided on site in accordance with    existing building.
                                                      AS2890.3 Bicycle Parking Facilities and Figure     The Footpath Trading
                                                      14- 1 Minimum Requirements for Bicycle             application will make provision
                                                      Parking;                                           for a bike stand. Refer to
                                                      AND                                                Appendix B the landscape plan
                                                                                                         as part of the Footpath Trading
                                                      S31.3 Where at least 5 bicycle parking spaces      Application.
                                                      are required in accordance with Figure 14-1
                                                      Minimum 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
                                                      S31.4 Bicycle parking spaces and cyclist
                                                      facilities are designed in accordance with
                                                      AUSTROADS Guide to Traffic Engineering
                                                      Practice, Part 14 – Bicycles, Section 10;
                                                      AND
                                                      S31.5 On-site pedestrian facilities such as
                                                      seating and shade structures are provided in
                                                      developments for the convenience of persons
                                                      walking to the site.
                                                      Figure 14-1     Minimum Requirements
                                                             for Bicycle Parking
                                                       Use                    Minimum Bicycle
                                                                              Parking
                                                       Commercial space       1 bicycle parking or
                                                       per 50m2 business part thereof gross
                                                       thereof of             floor area.
                                                       Entertainment &        1 bicycle parking
                                                       Dining Business        space per 50m2 or
                                                                              part thereof of gross

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                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                         2/18 Duke St Sunshine Beach
                                                                                                         2/18 Duke St Sunshine Beach




                                                         Probable solutions (if code
  Specific Outcomes                                                                                        Proposal
                                                         assessable)
                                                                                floor area.
                                                          Industrial Business   1 bicycle parking
                                                          type 2                space per 100m2 or
                                                                                part thereof gross
                                                                                floor area.
                                                          Retail Business       1 bicycle parking
                                                          type 1 (if not a      space per 50m2 or
                                                          roadside stall)       part thereof gross
                                                                                floor area.
                                                          Retail Business       1 bicycle parking
                                                          type 2                space per 100m2 or
                                                                                part thereof gross
                                                                                floor area.
                                                          Retail Business       1 bicycle parking
                                                          type 3                space per 100m2 or
                                                                                part thereof gross
                                                                                floor area.
                                                          Retail Business       1 bicycle parking
                                                          type 6                space per 100m2 or
                                                                                part thereof gross
                                                                                floor area.
                                                          Retail Business       1 bicycle parking
                                                          type 7                space per 100m2 or
                                                                                part thereof gross
                                                                                floor area.
    Site facilities
    O32 Waste storage areas, external storage            32.1 Waste storage areas, external storage       Complies - Waste storage area
    areas and loading docks do not detract from          areas and loading docks are situated to the      is located to the rear of the
    the visual amenity of the streetscape or cause       rear of the building or under the ground;        premises.
    nuisance to adjoining properties.                    OR
                                                         S32.2 With the exception of the access way,      Waste storage area is visually
                                                         waste storage areas, external storage areas      screened by landscaping.
                                                         and loading docks are visually screened by
                                                         landscaping or fencing.

    Environment & heritage values
    O33 There are no significant adverse effects         No solution provided                             Complies -Existing building
    on the biodiversity, natural vegetation, native                                                       achieves outcome. New
    wildlife, habitats, landscape quality, water                                                          proposed use will not impact
    quality or heritage values, including those                                                           on the local environmental
    related to—                                          Advisory note                                    and heritage values.
    a)    changes to natural drainage;                   PSP24 – Effluent Disposal details requirements
    b)    disturbance to any of the wetland systems;     for the design and siting of effluent disposal
    c)    management of landslide and fire risk;         systems where located outside a sewerage
    d)    erosion and the transport of sediments         service area.
          off-site;                                      Compliance with PSP24 will be considered as
    e)    unmanaged public access;                       part of Council’s assessment of the plumbing
                                                         and drainage application.
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                                                        MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                        MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                          2/18 Duke St Sunshine Beach
                                                                                                          2/18 Duke St Sunshine Beach




                                                          Probable solutions (if code
  Specific Outcomes                                                                                             Proposal
                                                          assessable)
                           4
    f)   effluent disposal ;
    g)   changes to fauna habitat and behaviour;
         and
    h)   disturbance of buildings and features,
         including natural features, of heritage
         significance.



 Table 14-10 Entertainment & Dining Business or Retail Business Types 1 or 2

                                                          Probable solutions (if code
  Specific Outcomes                                                                                              Proposal
                                                          assessable)
   14.18 Effects of use
    Noise and visual amenity
    O35 Uses maintain a satisfactory level of             S35.1 For uses involving outdoor courts including    Complies - The proposed change
    acoustic and visual amenity for surrounding           tennis courts, half courts and netball courts—the    of use for a cafe will not
    uses.                                                 use complies with the requirements in Section 2      diminish the amenity of the area
                                                          of PSP8 Tennis and other Courts.                     or surrounding uses. The
                                                                                                               proposed operating hours are
                                                                                                               from Sunday to Thursday 6am to
                                                                                                               10pm and Friday and Saturday
                                                                                                               6am to 12pm.
                                                                                                               Refer Planning Report Section
                                                                                                               5.5 Acoustic Considerations
                                                                                                               The design of the development
                                                                                                               respects the streetscape locality
                                                                                                               by incorporating additional
                                                                                                               landscape screening, mounding
                                                                                                               within the road reserve. The
                                                                                                               inclusion of this landscaping and
                                                                                                               taking into consideration the
                                                                                                               design and position of the café
                                                                                                               being below the street level of
                                                                                                               Douglas Street will ensure any
                                                                                                               acoustic or visual impacts will
                                                                                                               have no detrimental effects on
                                                                                                               surrounding areas. Access to the
                                                                                                               other three tenancies within the
                                                                                                               subject building are separate
                                                                                                               and will not be impacted by the
                                                                                                               proposed development.

    Outdoor dining areas                                  S36.1 Walls to outdoor dining areas are—             Complies - Outdoor dining will
    O36 Outdoor dining areas are designed and             a)   if facing a roadway or other public area,       consist of removable furniture
    located so that—                                           transparent;                                    and umbrellas for cover that will
                                                                                                               complement the surrounding
    a)   structures are aesthetically pleasing and in     b)   not made of flexible, roll-up or drop plastic
                                                                                                               street scape.
         keeping with the existing area, including             sheeting;
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                                                              MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                              MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                                2/18 Duke St Sunshine Beach
                                                                                                                2/18 Duke St Sunshine Beach




                                                                  Probable solutions (if code
  Specific Outcomes                                                                                                                Proposal
                                                                  assessable)
           the architecture of the associated                     c)    separated from the floor and any roof
           building;                                                    by a minimum vertical gap of 500mm;                     The outdoor dining proposed
     b)    outdoor dining adds to the landscaped                        and                                                     meets the outcomes of the
           streetscape without increasing perceived               d)    if detachable or collapsible, are only used             PSP14 Outdoor Dining. Refer to
           building bulk;                                               during inclement weather;                               Appendix A Proposal Plans for
     c)    temporary walls or roofs are stored when                                                                             layout details.
                                                                  AND
           not in use and secured at all times;
     d)    adequate air movement is available; and                S36.2 Roof, walls or other structures do not
     e)    structures do not impede the movement                  extend beyond the boundaries of the
           of pedestrians or vehicles;                            premises;
     AND                                                          AND
                                                                  S36.3 The outdoor dining area complies with
                                                                  Planning Scheme Policy PSP14 Outdoor Dining.

     O37 Adequate clearways and head clearance
     are provided to allow safe movement of users                 S37.1 Roof structures over outdoor dining areas
     of the premises.                                             have a minimum clearance height of 2.1m.                      Complies


 4
   Council may request additional information on the proposed method of effluent disposal to ensure the nature of the development is compatible
 with environmental values. Refer to PSP1 – Information Council May Request.




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                                                     MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                     MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                       2/18 Duke St Sunshine Beach
                                                                                                       2/18 Duke St Sunshine Beach




 DRIVEWAYS AND CARPARKING CODE
 14.112 Specific Outcomes and Probable Solutions for the Driveways and Carparking Code

 Table 14-5
                                                        Probable solutions (if code
  Specific Outcomes                                                                                        Proposal
                                                        assessable)
   14.113 General
    O1 Vehicular access does not adversely impact        S1.1 Vehicular access is located and designed    Complies - Existing parking and
    on safety, capacity and operations of the            in accordance with AUSTROADS-Guide to            driveway facilities do not
    existing or planned road network, the proposed       Traffic Engineering Practice requirements for    impact.
    driveway, cycleways or pedestrian pathway            sight distance and Section 3 of AS2890.1
    systems.                                             Parking Facilities;
                                                         AND
                                                                                                     22
                                                         S1.2 Only one footpath crossing is provided ;
                                                         AND
                                                         S1.3 Driveways, other than within any setback
                                                         have a maximum grade in accordance with
                                                         Section 3 of AS/NZS 2890.1

    O2 Driveways and crossovers—                         S2.1 Design of the driveway across the           Complies - Existing parking and
    a)   are suitable and safe for their intended        footpath is in accordance with Council’s         driveway facilities are suitable
         use; and                                        Standard Drawings 9002 or 9005 as                and safe.
    b)   match Council infrastructure.                   appropriate for the particular type of
                                                         development as annotated on the drawings;
                                                         AND
                                                         S2.2 Driveways are designed and constructed
                                                         in accordance with Council Standard Drawings
                                                         9014, 9019, 9020, 9021, as appropriate for the
                                                         particular type of development as annotated
                                                         on the drawings;
                                                         AND
                                                         S2.3 The change in grades in the driveways
                                                         and ramps is in accordance with Section 3 of
                                                         AS2890.1 Parking Facilities.

    O3 In commercial zoned areas, the number of          S3.1 Design of multi-tenanted developments       Complies - Existing parking and
    driveways across pedestrian footpaths is             in commercial zoned areas include shared         driveway facilities minimize
    minimised.                                           driveways and parking areas;                     crossing points.
                                                         AND
                                                         S3.2 Driveways are located so they abut
                                                         existing driveways of adjoining development
                                                         where practicable and reciprocal easements
                                                         are created to reduce the sealed driveway
                                                         width.

    O4 Vehicular access does not adversely impact on     S4.1 Footpath and kerb crossings are located     Complies - Existing parking and
    the capacity, operations and maintenance of the      clear of existing stormwater inlet structures,   driveway facilities do not impact.
    existing infrastructure;                             water and sewerage infrastructure fittings,

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                                                        MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                        MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                          2/18 Duke St Sunshine Beach
                                                                                                          2/18 Duke St Sunshine Beach




                                                           Probable solutions (if code
  Specific Outcomes                                                                                               Proposal
                                                           assessable)
                                                            any other exiting utility infrastructure, existing
    AND                                                     landscaping and vegetation.

    O5 Vehicular access does not adversely impact on
    the integrity of existing landscaping or native         S5.1 No solution provided
    vegetation.

    O6 Driveway run-off is filtered prior to leaving the    S6.1 For—
    premises.                                                                                                    Complies - Existing parking and
                                                            a)   Ancillary dwelling unit, Multiple               driveway facilities comply.
                                                                 housing Types 1 or 2 if less than 5
                                                                 carparking spaces, Visitor
                                                                 accommodation Type 1 and Home-
                                                                 based business Type 3—the driveway is
                                                                 formed to drain to landscaped areas;
                                                                 and
                                                            b)for other uses—grease and oil arrestors
                                                              or stormwater quality improvement
                                                              devices are incorporated into the design
                                                              to treat run-off prior to run-off exiting
                                                              from the premises.
 22
    Justification for additional driveways may need to be supported by a detailed Traffic Study. See PSP 1 for details.



 Table 14-50 — Carparking and Manoeuvring

                                                           Probable solutions (if code
  Specific Outcomes                                                                                                Proposal
                                                           assessable)
   14.114 Carpark Design and Layout
    O7 Sufficient carparking is provided to                 S7.1 The number of parking and loading bays          Complies – The proposed new
    accommodate the number and type of vehicles             is not less than the minimum number specified        use for a café with a GFA of
    likely to be generated by the development               in Table 14-51 Vehicle Parking Requirements;         37.4m2 requires 2 car parking
    having regard to the specifics of the use                                                                    spaces.
    including—                                                                                                   Existing use provides for DA
    a)    the type and intensity of land use;                                                                    conditions 2 & 3 (Notice
    b)    any existing parking available on the site;                                                            reference: 02386 [3B 447])
    c)    hours of operation;                                                                                    providing 4 off-street car
    d)    likely numbers of users;                                                                               parking spaces and payment of
    e)    the peak parking demand periods of uses                                                                a contribution to Council in
          on the site; and                                                                                       lieu of 2 off-street car parking
    f)    the availability of alternative carparking.                                                            spaces.

    O8 The layout of the development provides               S8.1 Parking bays, manoeuvring areas,                Complies - Existing parking and
    adequate, clearly defined and easily                    queuing areas, loading, set down and pickup          maneuvering areas are clearly
    accessible—                                             areas and driveways are designed to the              defined
    a)    on-site vehicle parking and manoeuvring           standards set out in Sections 2 and 3 of
          areas; and                                        Australian Standard AS 2890.1 Parking
    b)    loading and manoeuvring areas for delivery        Facilities (Part 1: Off-street Carparking) and AS
          and service vehicles                              2890.2 – Off-street Parking (Part 2:

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                                                     MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                     MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                       2/18 Duke St Sunshine Beach
                                                                                                       2/18 Duke St Sunshine Beach




                                                        Probable solutions (if code
  Specific Outcomes                                                                                           Proposal
                                                        assessable)
                                                         Commercial Vehicles);
                                                         AND
                                                         S8.2 The number of loading bays is not less
                                                         than the minimum number specified in Table
                                                         14-51.

    O9 Parking areas are located where they will         S9.1 Carparking areas are accessed from rear        Complies - Existing parking is
    not unduly conflict with pedestrians and will        laneways where practicable.                         accessed via rear laneway –
    not dominate the streetscape.                                                                            Douglas Lane.

    O10 Provision is made for a reasonable               S10.1 Carparking spaces are provided for            Complies - Existing use
    number of on site carparking spaces                  people with disabilities at the rate specified in   provides for DA condition 3
    identified and reserved for people with              Section 2.4.5 of AS 2890.1 – Parking Facilities     (Notice reference: 02386 [3B
    disabilities.                                        (Part 1: Off-street Carparking).                    447]) payment of a
                                                                                                             contribution to Council in lieu
                                                                                                             of 2 off-street car parking
                                                                                                             spaces. Council’s Sunshine
                                                                                                             Beach Masterplan
                                                                                                             redevelopment provided for
                                                                                                             disabled parking which is
                                                                                                             located in close proximity and
                                                                                                             linked by existing pathways to
                                                                                                             the subject site.

    O11 Access and egress points do not impact on        S11.1 Vehicle manoeuvring areas are provided        Complies - Existing parking and
    the safety and operations of the road system.        in accordance with Section 3 of AS 2890.1           driveway facilities do not
                                                         Parking Facilities (Part 1: Off- street             impact safety.
                                                         Carparking) so vehicles enter and leave the site
                                                         in a forward gear.

    O12 Parking areas are designed to -                  S12.1 At locations where pedestrian and             Complies - Existing parking and
    a)   provide a progressive reduction in speed        vehicle conflicts are likely to occur –             driveway facilities comply.
         between the external road and internal          a)    sight distances of at least 2.5 seconds of
         parking spaces;                                       travel time at the designated speed are
    b)   ensure lower speeds near areas of high                provided;
         pedestrian activity through the use of          b)    splayed corners on structures are
         appropriate road geometry or devices                  incorporated;
         designed to limit speed; and                    c)    landscaping is designed to allow clear
    c)   maintain sight distances which are                    views;
         appropriate for the likely operating            d)    sign placement ensures that views are not
         speeds in all areas of potential                      impeded;
         pedestrian/vehicle and vehicle/vehicle
         conflict;
    O13 A clearly defined pedestrian network is          S13.1 In large open car parks with greater
    provided that –                                                                                          N/A
                                                         than 200 car parking spaces, a pedestrian path
    a)   is located in areas where people will           between parking spaces is provided on every
         choose to walk;                                 second aisle;
    b)   ensures that pedestrian movement
         through car parking areas or structures
         are along aisles rather than across them;
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                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                         2/18 Duke St Sunshine Beach
                                                                                                         2/18 Duke St Sunshine Beach




                                                          Probable solutions (if code
  Specific Outcomes                                                                                              Proposal
                                                          assessable)

    O14 Provision is made for pedestrian and               S14.1 No probable solution identified;
    vehicular queues at conflict points;

                                                                                                                Complies
    O15 Parking areas are lit to provide security          S15.1 Lighting is provided in accordance with
    for night-time users.                                  Australian Standard 1158.1:1997 - Road
                                                           Lighting - Vehicular Traffic (Category V) Lighting
                                                           - Performance Installation and Design                Complies - Existing parking and
                                                           Requirements.                                        driveway facilities are lit

    O16 In mixed use areas of Business centres             S16.1 Resident carparking is limited to one          N/A
    residents do not compete with customers for            space per dwelling unit or accommodation
    carparking spaces.                                     unit.
                                                           AND
                                                           S16.2 Resident carparking is not located in the
                                                           road reserve or between the residential or
                                                           business building and the principal street
                                                           frontage.

    O17 Car parking areas are landscaped to—               No solution provided.                                Complies - Existing parking and
    a)   provide shade;                                                                                         driveway facilities comply.
    b)   maximise infiltration of stormwater run-off;
    c)   define parking areas;
    d)   reduce direct visibility of car parking areas
         from external viewpoints;
    e)   soften views of hardstand areas
    O18 Development with the potential to                  No solution provided.                                Complies - The proposed new
    generate significant traffic and parking impacts                                                            use is small scale and will not
    gives appropriate consideration to transport                                                                generate significant traffic or
                          23
                                                                                                                parking impacts. Customers
    and land use issues
                                                                                                                are expecting to be drawn
                                                                                                                from the surrounding locality
                                                                                                                with the majority expected to
                                                                                                                arrive by walking.


    Motor Cycles & Motor Scooters
    O19 Designated Motor cycle or motor scooter            S19.1 For Commercial businesses,                     N/A PSP26, any development
    parking spaces reduce the reliance on cars             Entertainment & dining business, Industrial          that requires up to 9
                                                           business Types 1 and 2, Retail business Types        carparking spaces does not
                                                           2, 4, 5, 6 and 7, Education Types 1 and 2, Open      require motor cycle or motor
                                                           Space, Wellbeing Uses and Transport Types 1,         scooter spaces.
                                                           2, 3 and 4 motor cycle parking spaces accord
                                                           with Planning Scheme Policy PSP26 Motor
                                                           Cycle & Motor Scooter Parking

    O20 Carparks are designed to ensure run-off is         S20.1 Grease and oil arrestors or stormwater         Complies - Existing parking and
    treated to remove pollutants prior to leaving          quality improvement devices are incorporated         driveway facilities comply.

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                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                         2/18 Duke St Sunshine Beach
                                                                                                         2/18 Duke St Sunshine Beach




                                                          Probable solutions (if code
  Specific Outcomes                                                                                            Proposal
                                                          assessable)
    the premises.                                          into the design to treat run-off prior to it
                                                           leaving the premises.

    O21 Carparking areas are designed to ensure            No solution provided.                              Complies - Existing parking and
    drainage without the use of pumps or other                                                                driveway facilities comply
    electrical apparatus.

    O22 Site layout and building design provides for       S22.1 Below ground components of buildings,        Complies - Soft landscaping is
    soft landscaping to be established.                    including car parks, do not extend beyond the      well established from existing
                                                           above ground footprint to allow for the            approval.
                                                           provision of landscaping, particularly within
                                                           building setbacks.

    Education Types 1, 2 or 3
    O23 Carparking and set down areas are                  S23.1 Paved set down areas are provided            N/A
    designed and located to facilitate their safe          within the site;
    and efficient use.                                     AND
                                                           S23.2 For a minimum of 50% of carparking
                                                           spaces, pedestrian access to buildings is not
                                                           across or through driveways, carparks, set
                                                           down or manoeuvring areas;
                                                           AND
                                                           S23.3 Carparking and set down areas are
                                                           visible from off-site.


         Business Uses                                        Vehicle Parking Requirements
    Commercial Business—
                                                                           2
    Type 1 Office
                                                         1 space per 20m , or part thereof, of use area;
                                                         OR                                                   N/A

                                                         1 space per 2 employees whichever is the
                                                         greater. A minimum of 4 spaces are provided
                                                                           2
                                                         1 space per 20m , or part thereof, of use area;
                                                         OR
    Type 2 Medical                                       3 spaces per medical practitioner whichever is
                                                         the greater
                                                                           2
                                                         1 space per 20m , or part thereof, of gross floor
                                                         area;
    Type 3 Veterinary                                    OR
                                                         3 spaces per veterinarian whichever is the greater

    Entertainment and Dining Business—
                                                                               2
    Type 1 Food & Beverages                               1 space per 10m , or part thereof, of use area      Complies - The proposed new
                                                          and outdoor dining area (excluding kitchen          use for a café with a GFA of
                                                                                                     24       37.4m2 requires 2 car parking
                                                          and food storage areas) on the property
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                                                                 MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                 MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                                   2/18 Duke St Sunshine Beach
                                                                                                                   2/18 Duke St Sunshine Beach




                Business Uses                                               Vehicle Parking Requirements
                                                                      except where located within the Business            spaces.
                                                                      Centre Zone, Neighbourhood                          The existing approved use
                                                                      Centre Zone or Village Mix Zone where 1             provides up to 6 car parking
                                                                                         2
                                                                      space per 20m applies.                              spaces.

                                                                                             2
      Type 2 Recreation, amusement & fitness                                                                              N/A
                             25
                                                                      1 space per 20m , or part thereof, of use area;
      (excluding Brothels )                                           OR
                                                                      1 space per 3 persons capable of being
                                                                      entertained at any one time, whichever is the
                                                                      greater.
                                                                                             2
                                                                      1 space per 10m , or part thereof, of use area
      Type 3 Bar                                                      (excluding guest suites in a hotel);
                                                                      AND
                                                                      For a hotel—
                                                                       a)    1 space per guest suite; and
                                                                       b)    queuing room for 10 vehicles in any drive
                                                                             in bottle shop;
                                                                       c)    1 bus bay; and
                                                                       d)    queuing room for 10 vehicles in any
                                                                             drive through servery
                                                                                                              2
                                                                      For a nightclub, 1 space per 5m , or part
                                                                      thereof, of use area

 22 Justification for additional driveways may need to be supported by a detailed Traffic Study. See PSP 1 for details.

 23
      PSP 1 details information Council may request, including a detailed Traffic Impact Assessment Report.




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                                                      MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                      MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                        2/18 Duke St Sunshine Beach
                                                                                                        2/18 Duke St Sunshine Beach




 DIVISION 17 - LANDSCAPING CODE
 14.130 Specific Outcomes and Probable Solutions for the Landscaping Code

 Table 14-5
                                                         Probable solutions (if code
  Specific Outcomes                                                                                          Proposal
                                                         assessable)
   14.134 General Requirements
    Streetscape and amenity
    O1 Sufficient landscaped areas are provided           S1.1 Landscaped areas, not less than the           Complies - Existing
    to—                                                        minimum areas and dimensions specified        landscaping complies.
    a)   enhance the visual amenity and natural                in Tables 14-56 or 14-57, are provided        Additional landscaping is
         landscape character of the area,                      and maintained;                               proposed within road
         streetscape and local area;                      AND                                                reserve as detailed in
    b)   retain natural landscape features, such as                                                          Appendix B Footpath Trading
                                                          S1.2 Landscaping is designed, planted and          application.
         rock outcrops and existing large trees;               maintained in accordance with PSP3
    c)   retain existing native vegetation and                 Landscaping Plants and Guidelines.
         enhance buffer areas around property
         boundaries;
    d)   suit the relative size and nature of the
         development and its setting;
    e)   reduce the visual impact of large or bulky
         structures and fencing along
         watercourses; and
    f)   conceal service, carparking and loading
         areas of developments;
    g)   screen incompatible land uses; and
    h)   provide privacy between any dwelling
         units and accommodation units on and
         adjoining the site to a height and density
         appropriate to the scale of the
         development.

    Building and landscape design
    O2 Site layout and building and landscape             S2.1 Below ground components of buildings          Complies - Existing
    design—                                                    do not extend beyond the above ground         landscaping complies and
    a) provides for soft landscaping to be                     footprint to allow for landscaping            will be enhanced with
         established in and around the                         particularly within building setback areas;   additional road reserve
         development;                                     AND                                                planting.
    b) maximises the retention of large canopy
         trees;                                           S2.2 Basement carparks do not encroach into
    c) within the Eastern Beaches Locality and                 building setback areas;
         Noosa Heads Locality, avoids the removal         AND
         of heath vegetation, except where required       S2.3 Plants are grouped in mulched beds
         for internal roads and service a n d                  rather than planted individually to
         infrastructure construction;                          provide for optimum growing conditions
    d) minimises the extent of impervious paved                and less maintenance;
         areas;
    e) provides for suitable plant layouts and            AND
         densities;                                       S2.4 These plants grouped in mulched beds are
    f)   facilitates the adoption of appropriate               not subject to any hedging maintenance

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                                                     MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                       2/18 Duke St Sunshine Beach
                                                                                                       2/18 Duke St Sunshine Beach




                                                        Probable solutions (if code
  Specific Outcomes                                                                                         Proposal
                                                        assessable)
         planting techniques; and                              regimes; AND
    g)   considers on-going maintenance                  S2.5 Landscaping is designed, planted and
         requirements to assure the establishment             maintained in accordance with PSP3
         and ongoing survival of plantings.                   Landscaping Plants and Guidelines;
                                                         AND
                                                         S2.6 Alternatives to impervious pavement are
                                                              provided and are located where
                                                              landscaping and existing vegetation will
                                                              benefit from increased infiltration of
                                                              rainwater.
    Species selection
    O3 Landscaped areas include plant species
    that—                                                S3.1 Plantings—                                    Complies - Existing
   a) are appropriate to the biophysical                 a)    comprise plant species identified for the    landscaping complies.
        conditions and landscape character of the              relevant landscape character area in PSP3
        area;                                                  Landscaping Plants and Guidelines; and
   b) are suitable for the space available, the          b)    avoid undesirable plant species identified
        level of visual and climatic exposure, the             in PSP3 Landscaping Plants and
        functional requirements of the site and the            Guidelines;
        scale of the development;
   c) provide for appropriate levels of shade and        OR
        sunlight to occupants of the development         S3.2 For landscaping around pool areas—
        throughout the year;                             a)    no more than 30% of the landscaped area
   d) minimise the demand for water use;                       is a mixture of plants of local origin and
   e) in road reserves, provide street trees with              exotic plant species, provided none of the
        effective canopy shading having regard to              plant species are undesirable plants
        the size and scale of the road reserve and             identified in PSP3 Landscaping Plants and
        the location of services and other                     Guidelines; and
        structures;
   f)   for street trees in towns are villages, are      b)    palms are specifically located in group
        consistent with the existing streetscape               plantings in accordance with PSP3
        character;                                             Landscaping Plants and Guidelines;
   g) do not cause potential damage to buildings         AND
        or structures;                                   S3.3 Root guards are utilised around species
   h) are not harmful to pedestrians, particularly            with potentially invasive roots.
        around schools, childcare centres, shopping
        areas and other high pedestrian areas;
   i)   in intensively used environments, can
        endure high levels of activity; and
   j)   for rural residential developments, are best
        suited to less intensive maintenance and
        low availability of water for gardens.

    Safety and security
                                                         S4.1 No solution provided.
    O4 Landscaping is designed and located to                                                               Complies - Existing
    maximise the safety and security of public and       Figure 14-16 — Landscaping allows for              landscaping complies.
    private areas by—                                    adequate safe vision at driveways and
                                                         intersections
    a)   clearly defining the boundaries between
         private and public spaces;
                                                                                                                              Page 32 of 37
PT010115 VER 1.1 060215

Page 33

                                                        MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                        MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                          2/18 Duke St Sunshine Beach
                                                                                                          2/18 Duke St Sunshine Beach




                                                           Probable solutions (if code
  Specific Outcomes                                                                                               Proposal
                                                           assessable)
    b)   promoting casual surveillance of buildings
         and public areas from the street and other
         public areas for personal security reasons;
    c)   avoiding concealment spots; and
    d)   maintaining safe sight distances to and
         from road and building corners, carpark
         entrances and driveways (see Figure 14-
         16);
    e)   maintain safe sight distances at planting
         bed ends within carparks;
    f)   protecting solid fences from graffiti by
         incorporating elements such as
         landscaping, creepers, murals or vandal
         resistant paint; and
    g)   separating and defining pedestrian and
         vehicle circulation routes.


    O5 The provision of landscaping is to a                 S5.1 Landscaping provided which allows                 Complies - Existing landscaping
    satisfactory standard ensuring that it does not         adequate visibility for casual surveillance of       complies.
    lead to opportunities for concealment and               public and semi-public spaces, including
    possible assault sites.                                 entrances and exits to sites and buildings, by:
                                                            a)    planting trees which have clean trunks to
                                                                  a height of at least 1.8m; and
                                                            b)    appropriately spacing shrubs at 1.2m
                                                                  horizontal centres, with a maximum
                                                                  height of 0.75m, to avoid clumping and to
                                                                  retain sightlines.


                                                            S6.1 Street trees and trees in carparking areas
                                                            achieve a maximum of 900mm clear trunk
                                                            height for a 2.0m high tree at planting and are
    O6 Street trees and plantings in towns and              able to attain a clear trunk height of 1900mm
    villages, carparks and other areas where                on maturity;
    potential conflicts with vehicles and pedestrians
    are evident, are planted so as to maximise              AND
    vehicle and pedestrian safety.                          S6.2 All scrub planting to be a maximum
                                                            height of 700mm from the road pavement (not
                                                            top of kerb).

    Services and utilities
    O7 All landscaping works maintain adequate              S7.1 Plant species used in landscaping                 Complies - Existing
    safe distance from services and utilities including     adjacent to substations, or adjacent to or on          landscaping complies.
    substations, overhead powerlines, power poles           e l e c t r i c i t y transmission line easements,
    and transformers, street lamps, stormwater              are less than 4m high at maturity and do not
    catchment pits, and underground services and            encroach within 3m of a substation boundary;
    utilities.                                              OR
                                                            S7.2 For trees higher than 4m, trees are
                                                                                                                                      Page 33 of 37
PT010115 VER 1.1 060215

Page 34

                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                         2/18 Duke St Sunshine Beach
                                                                                                         2/18 Duke St Sunshine Beach




                                                          Probable solutions (if code
  Specific Outcomes                                                                                           Proposal
                                                          assessable)
    Figure 14-17                                           planted at a d i s t a n c e from any part of an
                                                           electricity transmission line at least equal to
                                                           the expected height of the tree at maturity
                                                           (see Figure 14-17);
                                                           AND
                                                           S7.3 For power lines that connect to a
                                                           premises, the height of plant species at
                                                           maturity provides for a 2m clearance below
                                                           the power line; (see Figure 14-18)
                                                           AND
                                                           S7.4 Trees and large scrubs are located a
    Figure 14-18                                           minimum of—
                                                           a)    5m from electricity poles and pillars;
                                                           b)    4m from street lamps;
                                                           c)    2m from stormwater catchment pits; and
                                                           d)    2m from underground services and
                                                                 utilities;
                                                           e)    AND
                                                           S7.5 Plants are located to enable
                                                           tradespersons to access, view and inspect
                                                           service meters, such as water and electricity
                                                           meters;
                                                           AND
                                                           S7.6 Root barriers are installed around trees
                                                           that are located within 3m of any
                                                           infrastructures or that have potentially
                                                           invasive roots.

    Entry statements
    O8 Tree and plant massing are the dominant            S8.1 No solution provided.                          N/A
    features of entry statements to residential or
    commercial estates and are integrated with the
    landscape theme of the estate and the natural
    landscape character of the locality, rather than
    the entry being dominated by built elements
    such as masonary walls, waterfalls and
    assembled rock outcrops. (see Figure 14-19).


    O9 Entry statements are low maintenance.


                                                          S9.1 Entry statements are low maintenance
    Figure 14-19 Typical estate entrance                  and located entirely within privately owned
                                                          land.



                                                                                                                             Page 34 of 37
PT010115 VER 1.1 060215

Page 35

                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                         2/18 Duke St Sunshine Beach
                                                                                                         2/18 Duke St Sunshine Beach




                                                          Probable solutions (if code
  Specific Outcomes                                                                                       Proposal
                                                          assessable)




   14.136 Specific Requirements for Business Uses
    Design of commercial and retail spaces
    O19 Landscaping softens building bulk and                                                              Complies - Existing
    creates pleasant settings for visitors and staff      No solution provided                             landscaping complies.
    that function well in an intensively used
    environment by—
    a)   providing canopy trees and ancillary shade
         structures;                                      Figure 14-23 Landscaping solutions that
    b)   using shrubs and garden beds to clearly          appear to lessen the impact of building bulk
         define public spaces and pedestrian
         walkways;
    c)   providing areas for public art, where
         appropriate;
    d)   providing outdoor areas with seating for
         staff and visitors;
    e)   adopting landscape solutions that reduce
         the visual impact of building bulk (see          Figure 14-24 Outdoor eating areas integrate
         Figure 14-23);                                   well with the streetscape
    f)   using mounding and screen planting to
         conceal service and loading areas;
    g)   making provision for outdoor dining areas
         where appropriate, that integrate well
         within the streetscape (see Figure 14-24);
    h)   providing adequate screening along the
         perimeters of the development;
    i)   avoiding the use of formal planting design
         for frontage works; and
    j)   providing planting design and species
         selection that can endure an intensively
         used environment.

    Industrial Business
    O20 Landscaping within industrial developments        No solution provided                             N/A
    is designed to—                                       Figure 14-25 Appropriate species at correct
    a)   maximise retention of existing vegetation;       density and height effectively screen bulky
    b)   provide planting in mulched areas at             industrial buildings
         entrances, along boundaries and around
         car parking and site facilities to provide
         screening and shading;
                                                                                                                             Page 35 of 37
PT010115 VER 1.1 060215

Page 36

                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                         2/18 Duke St Sunshine Beach
                                                                                                         2/18 Duke St Sunshine Beach




                                                          Probable solutions (if code
  Specific Outcomes                                                                                        Proposal
                                                          assessable)
    c)   lessen the impact of building bulk though
         the planting of vegetation that is in scale
         with the building, and by using mounding
         where appropriate (see Figure 14-25); and
    d)   provide outdoor areas for staff.




   14.139 Carparking areas
    Off street carparks
                                                                                            28
    O28 Landscaping of carparking areas is                                                                 Complies - landscaping of
                                                           S28.1 One advanced canopy tree (a
    designed to—                                                                                           carparking achieves the
                                                           minimum of 100 litres pot size) is provided—
    a)   reduced the visual impact of the                                                                  outcome.
                                                           a)    in towns and villages, shopping centres
         development;                                            or commercial areas— for every 4
    b)   provide for advanced canopy trees to
                                                                 carparking spaces; or
         shade vehicles and to reduce reflected
         radiation;                                        b)    otherwise—for every 6 carparking
    c)   ensure canopy trees are protected from                  spaces;
         vehicle damage by providing adequate              AND
         sized garden beds;                                                             2
    d)   maximise opportunities for infiltration of       S28.2 A minimum area of 5m is provided
         rainwater on-site; and                           around each canopy tree, which is mulched
    e)   minimise contaminated runoff entering the        and treated;
         stormwater system and watercourse.                AND
                                                          S28.3 Plants are grouped in mulched beds
                                                          rather than using individual, evenly spaced
                                                          trees and scrubs;
                                                          AND
                                                          S28.4 Semi-pervious pavement surfaces are
                                                          used, such as grass cell paving, to increase
                                                          infiltration of rainwater and minimise
                                                          contaminated runoff, including hydrocarbons,
                                                          entering the stormwater system and
                                                          watercourses;
                                                          AND
                                                          S28.5 Runoff from carparking areas is directed
                                                          to landscaped areas to minimise contaminate
                                                          runoff, including hydrocarbons, entering the
                                                          stormwater system and watercourses;
                                                          AND
                                                          S28.6 Garden mounding is incorporated into
                                                          carparking areas adjacent to frontages;
                                                          AND
                                                          S28.7 Surface and subsurface drainage swales

                                                                                                                             Page 36 of 37
PT010115 VER 1.1 060215

Page 37

                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                       MCU to establish Entertainment and Dining Business (Type 1 Food and Beverage)
                                                                                                         2/18 Duke St Sunshine Beach
                                                                                                         2/18 Duke St Sunshine Beach




                                                           Probable solutions (if code
  Specific Outcomes                                                                                         Proposal
                                                           assessable)
                                                           are used to maximise stormwater infiltration;
                                                           AND
                                                           S28.8 A planting bed of at least 1m width with
                                                           screen fencing and dense planting is provided
                                                           to any property boundary with an adjacent
                                                           residential development.

    On-street car parks
    O29 Edges to parking and turning spaces for on         S29.1 Where vehicles are parked parallel to      N/A
    street parking are landscaped to provide shade         the kerb, landscaping is setback a minimum of
    and screening, while ensuring adequate access          500mm from the back of the kerb to allow
    to vehicles.                                           adequate access (see Figure 14-27);
                                                           AND
                                                           S29.2 Street trees are planted a minimum of
                                                           1m from the back of the kerb in the road
                                                           reserve verge.



    Figure 14-27 Allow 500mm for passenger access




 28 A canopy tree is defined as a tree having a minimum canopy of 5m at maturity.




                                                                                                                             Page 37 of 37
PT010115 VER 1.1 060215

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