MCU18/0040 – Development Permit For A Material Change Of Use For Entertainment And Dining Business Type 1 - Food And Beverage At The Beach Chalets, 11/1 Tingira Cres, Sunrise Beach

MCU18/0040 – Development Permit for a Material change of use for entertainment and dining business type 1 food and beverage at the beach chalets 11/1 tingira cres, sunrise beach

Document information

Author	Development Planner, Glen Conforti
Environment and Sustainable Development Department

Index	ECM / Application / MCU18/0040

Attachments	Nil

APPLICATION DETAILS
Applicant	Yu-Hsi Pai
Proposal	Material Change of Use - Entertainment & Dining Business - Type 1 Food & Beverages
Properly Made Date	13 March 2018
Information Request Date	N/A
Information Response Date	N/A
Decision Due Date	26 June 2018
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	11/1 Tingira Cres Sunrise Beach Qld 4567
RP Description	Lot 11 SP 112633
Land Area	56m²
Existing Use of Land	Multiple dwelling complex and café

STATUTORY DETAILS
SEQRP Designation	Urban footprint
Locality	Eastern Beaches
Zone	Attached housing
Overlays	Natural Hazards Overlay – Landslide hazard area
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 June 2018 regarding Application No. MCU18/0040 for a Development Permit for  Material Change of Use - Entertainment & Dining Business - Type 1 Food & Beverage situated at 11/1 Tingira Cres, Sunrise Beach and:
A.	Approve the application in accordance with the following conditions:
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plan is listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A.03	C	Proposed Floor Plan, prepared by Zest Building Design	14/08/2017
Nature and Extent of Approved Use
The approved use must not operate outside the hours of 6am to 3pm, 7 days per week.
The approved total use area excluding kitchen and food storage areas is 36m² including any outdoor dining area.
Amenity
The Entertainment and Dining Business Type 1 – Food & Beverages (Restaurant) must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the surrounding properties. In this regard, where a complaint (other than a frivolous or vexatious complaint) is made to Council about noise from the approved use areas, Council may require the operator or site management entity to have a suitably qualified acoustic consultant undertake a Noise Impact Assessment (NIA) in accordance with the Environmental Protection (Noise) Policy 2008. The NIA report must be submitted to Council for endorsement which outlines the findings and recommendations of the NIA and the recommendations implemented.
B.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
1.	The Entertainment and dining use is catering for residents and visitors to the beach side location without any adverse impacts on surrounding amenity.
2.	The food and beverage use is a good reuse of a tenancy which has been historically used for a commercial activity for more than 20 years.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The proposal is for a Development Permit for a Material Change of Use for an Entertainment and Dining Business Type 1 – food and beverages which seeks to formalise the existing café use that has been carried out on site for approximately 15 years. The business known as Chalet & Co. operates between the hours of 6.00am and 3.00pm daily, catering for breakfast and lunch. As seen in Figure 2 below outdoor dining area is used.
Figures 1, 2 and 3 below show the locality plan, floor plan and image of the existing use on site.

Figure 1 – Locality Plan

Figure 2 – Floor Plan of the existing layout

Figure 3 – Image of the existing outdoor dining area
The application is before Council’s because the entertainment and dining business is an inconsistent use within the Attached Housing zone.
site details
Background
Prior to 1998 a dwelling house, restaurant and general store existed on site.
On 16 April 1998 Council approved TC 12545 for 10 units and a general store.
Since then 2 changes to the development approval have occurred to incorporate a manager’s office and subsequently another change which converted that manager’s office into a store room.
Site Description
The lot is located on the ground floor of a 3 storey unit complex. The outdoor dining area is within the entry to which was once the general store. The outdoor dining area is ringed by planter boxes and is beside the driveway to the basement carpark.
Surrounding Land Uses
The unit complex is located at the southern end of Tingira Crescent with frontage to Orealla Crescent and David Low Way. The site is located across the road from Sunrise Beach just south of the Lifeguard flags. Some vehicle parallel parking is located directly opposite the site. North of the site is characterised by similar 3 storey unit developments which many are used for visitor accommodation.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development Area.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Locality Provisions
The subject site is located in the Eastern Beaches Locality and is zoned Attached Housing. The proposed use is defined as an inconsistent use within the zone and is required to follow an impact assessable application process.
The most applicable Overall Outcomes of the Locality Code are shown below.
Overall Outcome 7.7.2 of the Eastern Beaches Locality Code—
a)	New uses and works are located, designed and managed to—
i. 	be compatible with other uses and works;
ii.	maintain the safety of people and works;
iii. 	avoid significant adverse impacts on the amenity enjoyed by users of other premises, including acoustic and visual qualities;
iv. 	avoid significant adverse impacts on the natural environment, including native habitat removal, fragmentation and attrition; and
v.	protect the natural beach experience and overall visual amenity for beach users;
e) 	the Eastern Beaches Locality retains its primary role as a residential area, though continues to provide some visitor accommodation and a range of local retail and commercial functions at Sunshine Beach, Sunrise Beach and Peregian Beach;
and specifically for Sunrise Beach:
gg)	For Sunrise Beach—
Sunrise Beach provides a high proportion of detached houses and some Multiple housing and is attractive to families and permanent residents for its relatively easy access to the beach and local services and facilities;
local shopping services, schools and other community facilities are located in Ben Lexcen Drive serving local residents both within and outside the locality, whilst higher order services are available in Noosa Junction and Noosaville; and
iii. 	development in the Sunrise Beach neighbourhood centre (on land zoned Neighbourhood Centre on Map ZM4), expresses a pedestrian scale, and provides integrated landscaping and car parking areas and allows opportunities for outdoor dining and meeting, which contributes to the character and vitality of the centre;
The Overall Outcomes do not provide much support for the subject food and beverage business, with the Outcomes supportive of residential uses in this location with convenience shopping activities located in the existing centres at Sunshine Beach and the Ben Lexcen Drive Neighbourhood Centre at Sunrise Beach. Overall Outcome gg) i provides limited support which seeks to provide easy access to local services and facilities.
While the previously approved general store may have provided convenience shopping (local services) for some time, the larger Sunshine Beach and Sunrise Beach (at Ben Lexcen Drive) centres now fulfil those needs. However, in terms of a near the beach breakfast, lunch or coffee experience, unlike Sunshine Beach, this part of Sunrise Beach is isolated from these food and beverage services, being more than 1 kilometre from either centre.
The applicant has provided results of a survey conducted over 32 days from 19 January 2018 - 13 February 2018 which identifies that the beach is the primary purpose for visitation to the area with the utilisation of the subject business a secondary purpose. The following are survey results provided by the applicant—
84% of all patrons stated that their primary purpose in visiting the Sunrise Beach locality was to undertake activities at the beach (swimming, surfing, kite surfing walking/running, etc.). Whilst their secondary purpose was to dine-in or use the take away provisions of the existing café (Chalet & Co); and
78% of all patrons stated that they would still visit the Sunrise Beach locality to use Council’s amenities even if the café did not exist.
The food and beverage use is a reasonable reuse of an existing commercial tenancy catering to the surrounding local residents and visitors to the beach side location.
The subject business operates from 6am to 3pm daily, catering for the breakfast and lunch time trade. There is the potential for noise impacts being in close proximity to residential uses. The subject business has been operating for many years with only one complaint. The complainant has subsequently moved on, and given that no submissions were received as part of the public consultation process, it is considered the subject business is operating harmoniously with the surrounding residential uses. It is pertinent to note that some kind of commercial activity (restaurant and a larger general store) previously operated at the site, dating back prior to 1998.
Land Use & Works Provisions
The application is considered to comply with the applicable land use and works codes with car parking discussed below.
The planning scheme requires 1 car space per 10m² of use area for the subject entertainment and dining use. Use area is the floor area which excludes kitchen and food storage areas. The subject business has a use area of 36m² including the outdoor dining area, triggering 4 car spaces (rounded up from 3.6 spaces).
No carparking was directly attributed to the 56m² general store in the original approval. It was determined at the time that customers would either walk or use the nearby on street parking. In addition to the required spaces for the whole development (including visitor spaces) there is one surplus space in the basement of the complex.
For the purpose of calculating car spaces required for a development where no car parking exists, it is reasonable to compare the car parking rates for the approved use with the proposed use. Table 1 below provides this comparison.
Table 1 – Car parking summary
Use	Car parking rate required	
Entertainment and dining business Use area = 36m²	1 space per 10m² of use area	4 required for the use
Existing general store Floor area = 56m²	1 space per 20m² of gross floor area	3 spaces credit
		3 credit  + 1 surplus = 4
The unit complex has 1 surplus car space in the basement which may be utilised for a staff member. It is pertinent to note the subject business has been operating for a substantial amount of time without any known car parking issues, with patrons currently utilising the on street car parking spaces available or walking to the site.
cONSULTATION
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. No submissions were received.
conclusion & REASONS FOR DECISION
The Entertainment and dining use is an inconsistent use in the Attached Housing zone. However, the use caters for residents and visitors at the beach side location while operating harmoniously with the surrounding residential uses without any amenity or car parking issues.
The following are considered sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
1.	The Entertainment and dining use is catering for surrounding residents and visitors to the beach side location without any adverse impacts.
2.	The food and beverage use is a good reuse of a tenancy which has been used for a commercial activity for more than 20 years.
The existing food and beverage business does not raise any significant planning concerns and is recommended to be approved subject to relevant conditions.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 JUNE 2018

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