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27.05 - UPDATED - Relodgement - Madill
Development Application
Planning Report
Change to Application
Responding to Further Advice
Material Change of Use for Industrial Business Type 2
(Brewery) and ancillary Entertainment & Dining Business
Type 3 (Brew Cafe) within an existing building situated at
130 Eumundi Noosa Road, Noosaville
(Lot 6 RP173876)
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Contents
1.0 Summary ............................................................................................................................ 3
1.1 Change to the application (26.1c DA Rules) ....................................................................................... 3
1.2 Development application details ...................................................................................................... 3
1.3 Planning instrument details .............................................................................................................. 3
1.4 Referral agencies .............................................................................................................................. 4
2.0 Site details............................................................................................................................... 4
2.1 Site description ................................................................................................................................ 4
2.2 Surrounding land uses ...................................................................................................................... 5
3.0 Proposed development details ................................................................................................ 7
4.0 Planning assessment ............................................................................................................... 9
4.1 Pre‐lodgement ............................................................................................................................ 9
4.2 Key issues ................................................................................................................................. 10
4.2.1 Dining Use Subordinate to the Industrial Use .................................................................................. 10
4.2.2 Parking .............................................................................................................................................. 11
4.2.3 Landscaping ...................................................................................................................................... 12
5.0 State assessment and other matters ..................................................................................... 12
5.1 State interests ................................................................................................................................ 12
5.1.1 Matters established in the Planning Regulation ............................................................................ 12
5.1.2 State Planning Policy ....................................................................................................................... 12
6.0 Conclusion ............................................................................................................................ 12
Client Name: Boiling Pot Brewery
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version: 3 – This updated report is a change to the application in accordance with Section 52 (1) of the
Planning Act 2017 and Part 6 of the DARules
Date: 27 May 2019
This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme or
other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.
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1.0 Summary
1.1 Change to the application (26.1c DA Rules)
This updated report is in response to a further advice meeting held between Council Planning staff
and the applicant on the 27 May 2019. The meeting discussed key issues relating to carparking, use
hours and landscaping.
In accordance with Section 52(1) of the Planning Act 2016, this application is accompanied by a notice
changing a development application, before it is decided.
In accordance with section 26.1 c) of the DA Rules the assessment process does not stop - as the
change only deals with a matter raised in response to further advice provided by an assessing
authority about the application. Although Part 4 (Public Notification) was applicable and concluded –
the assessment manager has confirmed (within the meeting) that further public notification is not
required as the change would not be likely to attract any additional submissions objecting to the thing
comprising the change.
1.2 Development application details
Proposed development: Entertainment & Dining Business Type 3 (Brew cafe)
associated with an Industrial Business Type 2 (Brewery) within
an existing industrial building.
Type of approval sought: Development Permit for Material Change of Use
Site address: 130 Eumundi Noosa Rd, Noosaville
Real property description: 6 RP173876
Site area: Total lot area (lot 6) = 2,276m2
Relevant lease area = 1,120m2
Assessment manager: Noosa Council
Owner details: HarrisonHunter Pty Ltd (TTE)
Applicant details: Boiling Pot Brewery c/- Pivotal Perspective Pty Ltd
1.3 Planning instrument details
State planning policy: Nil
Regional plan: Designation: SEQ Regional Plan 2009–2031 (version commenced 2 May
2014), urban footprint designation.
Planning scheme: The Noosa Plan
Zone: Industry zone
Level of assessment: Impact
Applicable overlays: Nil
Applicable codes: Noosaville Locality Code
Business Uses Code
Landscaping Code
Engineering Works Codes
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1.4 Referral agencies
Nil
2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Existing structures Lot 6 (relevant lease area)
16m x 25m industrial shed (400m2 area with mezzanine storage and
approximately 6m high) with 8 formed carparking spaces and access from
Venture Drive. The eastern portion of the site includes the existing Bridgestone
tenancy with associated parking, loading and storage areas.
Frontage and Lot 6 (relevant lease area)
access 20m street frontage to Venture Drive.
35m street frontage to Project Avenue.
Topography Lot 6 (relevant lease area)
The concrete access driveway, manoeuvring area and building are all
constructed at FL13.5m. The site then drops down to the Project Avenue road
level at a rate of approximately 1 in 4.
Lot 6 (relevant lease area)
Existing vegetation There are existing established trees and shrubs surrounding the driveway and
manoeuvring areas.
Figure 1: Aerial view with zoning overlay
Source: Noosa Council Mapping System
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Figure 2: Aerial view and site identification (relevant lease areas highlighted)
Source: Noosa Council Mapping System
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
Across Venture Drive to the north are existing industrial buildings including AutoPro
and Venture Cycles businesses.
North
Adjoining the site to the south is the rear entrance to 134 Eumundi Noosa Rd, which
includes two industrial business uses fronting Eumundi Noosa Rd (Pit Stop
Automotive and Rug Shop). Further to the south is the existing Adventure Sports
building.
South
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Directly to the east of the building is the Bridgestone tyre and mechanical business
fronting Eumundi Noosa Drive and Venture Drive roundabout.
East
Across Project Avenue to the west is the Thomas Surfboards manufacturing business.
West
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3.0 Proposed development details
The application proposes a building fitout within the existing industrial shed at 130 Eumundi Noosa
Rd, including new roller doors along the western and northern facades, as well as landscaping along
the western courtyard. The brewery will produce and package beer for sale on site ready for
distribution offsite in bulk. The application also proposes a small bar and dining area within the
western portion of the building and adjoining outdoor terrace (brew café).
The brew cafe dining area will be separated from the industrial use by the bar and kitchen to create
a more ‘intimate’ retail bar experience. The applicant proposes to use the upstairs boardroom above
the bar area for industrial tour visits (with no taps and an external stair and wall separating this area
from the rest of the brew cafe area). Light meals will also be prepared in accordance with the
Responsible Service of Alcohol requirements and Council restrictions for liquor licencing. A use area
breakup is provided below:
Table 1. Use Areas
Use Area 505m2 100%
Industry 320m2 63%
Ground Floor (185m2)
Cold Storage 1 & 2, brewery floor and cold room 185m2 36%
First Floor (135m2)
Office area 40m2 (boardroom) and 10%
10m2 (office)
Loft 1 & 2, Store 4 and staff toilets 85m2 17%
Entertainment & Dining 130m2 26%
Toilets 15m2 3%
Inside dining 60m2 12%
Outside terrace dining 55m2 11%
Kitchen & Food Storage Areas 55m2 11%
Kitchen and survey 40m2 8%
Bar 15m2 3%
Figure 3: Use area plans
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Carparking
The carparking area is proposed to be line marked to accommodate 12 equivalent onsite carparking
spaces. The site is to be serviced by a 6.0m long Pantech vehicle, which will include manoeuvring
and loading areas within the northeastern part of the building – this area can also be used by a
courtesy bus (coaster – 12 seater bus) and/or park within carparking space no. 6. No vegetation is
required to be removed to accommodate new parking and line marking on the site, with
supplementary planting adjacent the entrance.
Staff
The following staff are required for the industrial and subordinate brew cafe:
Industrial
- Two (2) staff required for the production component (head brewer and support staff)
- Two (2) administration staff
Brew Cafe
- Two (2) bar staff during bar operating hours
- Two (2) kitchen staff during kitchen operating hours
Table 2: Summary of development aspects
Material change of use
Building height No Change
Total Use Area (TUA) Existing building includes 400m2 total use area and unapproved
mezzanine storage.
Proposed building fitout includes a total use area of 505m2 including;
- 320m2 of industrial (185m2 ground floor, 135m2 mezzanine) (63%);
- 130m2 of dining (15m2 toilets, 60m2 front of bar, 55m2 terrace) (26%)
- 55m2 of back of house kitchen/bar area (11%).
Gross Floor Area (GFA) Proposed fitout includes a total gross floor area of 452m2 including;
- 327m2 of industrial (185m2 ground floor, 142m2 mezzanine (stairs));
- 75m2 of dining area (15m2 toilets, 60m2 front of bar)
- 55m2 of back of house kitchen/bar area.
Parking Existing Parking = 8 spaces (1 per 50m2).
Proposed Parking = 12 equivalent onsite spaces and a courtesy bus
able to seat up to 12 people.
The bus is proposed for loading and manoeuvring on the site and can
fit within the onsite loading area for the Pantech.
Bicycle Parking = 5 racks (to be provided adjacent to the waste
storage area).
Proposed servicing Servicing and deliveries using a Pantech design vehicle (6m x 2.4m),
arrangements which can be parked internally.
A waste storage and screened bunded wash down area is located
adjacent the loading dock entrance.
The site is connected to all relevant electrical, telecommunications,
sewerage and water services.
Trading Hours Industrial Business Activities
7am to 4pm Monday to Friday and 7am to Midday Saturday (when
staff required for the brewing process).
Brew Café
5pm to midnight Monday to Friday and midday to midnight weekends.
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Landscaping Over 20% of the site is to be landscaped, with parking areas setback
(on average) more than 2m from the property boundaries.
Figure 4: Proposed Site Plan
4.0 Planning assessment
4.1 Pre-lodgement
An informal pre-design meeting was undertaken with Council’s Development Planner in June and
September to discuss planning requirements and key issues applicable to this development
application.
A further meeting was undertaken with senior officers in December (onsite) and February in response
to the Council information request.
This changed application responds to further issues pertaining to carparking, landscaping and use
areas. This revised report is in response to the Council and the applicants agreed use of the site
before and after 5pm.
Table 3: Summary of key issues
Issue Council response Applicant response
Brewery Use The bar/restaurant must Daytime Hours
and remain ancillary and 7am-5pm Mon to Friday
Entertainment subordinate to the 7am-Midday Saturday
& Dining Use industrial use. - The industrial brewery use is operational in the
daytime between 7am and 5pm requiring a
maximum of 4 onsite staff.
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- Brewery tours will be carried out in the daytime
(patrons only arriving by courtesy bus able to park
within a carspace).
- Retail sales of packaged cans may also be carried
out within the bar area.
Evening Hours
5pm–Midnight Mon to Friday;
Midday-Midnight Saturday & Sunday
- No industrial brewery staff usually required onsite.
- Use of indoor and outdoor dining areas allowed.
- Courtesy bus provided with parking and
manoeuvring onsite.
Carparking Ensure adequate parking Appropriate carparking spaces are provided on the
is provided for the retail site to accommodate the different times the industrial
tasting area at a rate of 1 and brew cafe uses are carried out.
per 10m2 of use area.
4.2 Key issues
4.2.1 Dining Use Subordinate to the Industrial Use
Rather than construct a new building on a green field site, this application seeks to use an existing
industrial building, which has already been fitout with industrial brewing equipment. The site is
located on a corner at the entrance to the industrial areas of Venture Drive/Project Avenue (Note:
The New Noosa Plan includes the site within the Medium Impact Industry zone and is across the
road from the new Enterprise Precinct).
Although Specific Outcome O187 of the Business Uses Code makes all Entertainment & Dining
Businesses within the Industry Zone inconsistent, Council has recently approved two other Industrial
breweries within the zone, citing that the food and beverage use is ancillary and complementary to
the primary industrial use on-site, and will not cause any reverse amenity issues (MCU16/0112 –
Heads of Noosa & MCU16/0133 - Land & Sea).
Considering the definition of Industrial Business (below) within the current Noosa Plan, the industrial
‘making’ component of the use must not be less than 60% of the entire use area.
Industrial Business means the conduct of an industrial business activity, where goods or
products are produced, manufactured, dismantled, altered, repackaged, repaired or stored
at a scale of greater than that defined by retail business. The use includes the sale of goods,
resulting from such operations, provided that sales space does not exceed 20% of the use
area. Any space dedicated for administration or accounting work in connection with such
operations does not exceed 20% of the use area. The term includes the following types:
The application proposes to use 63% of the site for industrial making and associated administration
components; 11% of the site area is to be used for ‘back of house’ kitchen areas; and 26% of the
site area for the associated brew café (including the outdoor terrace). To ensure any impacts
associated with carparking are adequately addressed and the predominant use of the siteremains
industrial, the following Daytime and Evening trade hours are proposed for the site:
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Daytime Hours
The applicant proposes does not propose to use the outside 55m2 terrace areas during the weekday
daytime hours, with only limited retail package sales and brewery tours proposed to occur in the
daytime. The industrial making components of the business are the dominant uses of the site during
the weekday daytime hours, consistent with the surrounding industrial business uses.
Evening Hours
After 5pm on weekdays and after midday on the weekends, the industrial businesses in the
surrounding area are predominantly closed. As a result, the applicant seeks to use the terrace areas
of the site for the brew cafe activities within the western portions of the site. This is at a time when
there are additional carparking opportunities onsite and offsite for any overflow parking.
The New Noosa Plan allows for a Food and Drink Outlet to be established as a code assessable
application if it is associated with and subordinate to an industry activity on-site and does not exceed
60m2. The Medium Impact Zone Code also describes the scale of supporting ancillary retail and
office uses to incorporate no more than 40% of the total gross floor area.
AO1.1
Retail sales, food and drink outlet and office uses are directly associated with, and ancillary to an industry activity on
the same site and comprise a combined gross floor area of no more than 40% of the total gross floor area of
the site with:
a) any ancillary retail sales or office use component having an individual gross floor area no greater than
30% of the total gross floor area of the site; and
b) any food and drink outlet component having an individual gross floor area no greater than 30% of the
total gross floor area of the site or 60m2 whichever is the lesser.
The proposed plans include 26% of the site to be used for the ancillary brew cafe during evenings
and weekends. This is consistent with The New Noosa Plan definitions for associated retail sales &
food and drink outlets.
The proposed restriction in use area to the western end of the shed is well designed and visually
attractive fronting the minor road. The design avoids impacts such as odour, noise, dust and other
wastes from the rest of the site operations and does not compromise the function and vitality of the
business centre or the Noosa Shire hierarchy.
4.2.2 Parking
The Specific Outcome of the Driveways and Carparking Code seek for enough onsite carparking is
provided to accommodate the number and type of vehicles likely to be generated by the
development, having regard to the hours of operation and likely number of users/servicing.
The applicable lease area at 130 Eumundi Noosa Rd can accommodate 12 equivalent parking
spaces, with 2 dedicated staff bays. All onsite carparking spaces demonstrate compliance with the
Australian Standard to leave in a forward gear, with staff parking restricted to bays 6 and 7.
A coaster bus (able to cater for 12 people) is also able to access, park and manoeuvre on the site
for group tours. The following table provides the use area split between the different components of
the brewing business.
Table 4: Parking Rates
Use Noosa Plan Carparking Rate Use Area Parking Required The New Noosa Plan
Entertainment & 1 space per 10m2, or part Dining Area = 115m2 13 bays Bar - 1 space per 20m2 of
Dining Business thereof, of use area Toilets = 15m2 (ground) use area.
Type 3 *Total = 130m2 (6.5 spaces if 130m2 and
9.25 bays if 185m2 –
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counting kitchen and bar
areas)
Industrial 1 per 30m2 use area (up to 375m2 9.5 bays Medium Impact Industry -
Business Type 2 150m2); AND 1 space per 50m² up to
1 space per 50m2 up to 500m2 500m² (9.5 bays).
Total = 21.5 bays Total = 16 bays
(19 bays if including
kitchen and bar areas)
* Not including kitchen and bar ‘back of house’ areas 55m2 - in accordance with the Driveways and Carparking rates for Entertainment &
Dining Business Type 1 (Food & Beverages) which excludes kitchen and food storage areas.
The highest carparking rate is attributed to the associated brew cafe. The application proposes to
limit the use of the brew café dining areas to evening hours during weekdays and after midday during
weekends. This is at a time when there are no staff onsite for the industrial making component of the
business and surplus overflow parking spaces within the surrounding area.
Considering the proposed changes to the carparking rates within the New Noosa Plan, the purchase
of a courtesy bus and the potential for overflow parking in the area in the evening and weekend hours
- there is enough onsite carparking provided to accommodate the number and type of vehicles likely
to be generated by the development, consistent with the Specific Outcomes of the code.
4.2.3 Landscaping
The carparking area does not require any increase in hardstand areas on the site. Existing
landscaping is to be supplemented around the carparking area and designed to ensure the retention
of large trees.
A landscaping terrace area has been constructed by the applicant to enhance the existing trees and
a handrail established on top of the landscaping retained area, which is no more than 1m above
existing natural ground levels. Additional landscaping beds will be provided to the west of the
carparking area to supplement the existing plantings.
The development is consistent with the relevant Specific Outcomes of the Landscaping Code.
5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 State Planning Policy
Consistent with the relevant Policy considerations.
6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for an Industrial Business
Type 2 (Brewery) and associated Entertainment and Dining Business Type 3 (Brew Café) within the
Industry zone at 130 Eumundi Noosa Rd, Noosaville. The proposal is impact assessable development
under The Noosa Plan. The assessment finds the development meets the relevant Specific and
Overall Outcomes of the Noosa Plan subject to the following grounds of approval:
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The brewing components of the business are a consistent use within the Industry zone;
however, the food and beverage use are inconsistent. Although the Planning Scheme does
not provide support for the food and beverage use in the zone – the brew cafe is small scale,
subordinate and related to the primary industrial use on site (brewery);
Two other breweries have been recently approved and constructed within the Industry zone,
and this proposal within an existing building is considered low intensity and does not
compromise the function and viability of business centres or the centres hierarchy;
The proposed building fitout is well designed and visually attractive, with the dining areas
small scale and have a direct relationship with the industrial activities on the site;
Sufficient separation is provided from onsite and other nearby industrial uses so as not to
raise any adverse impacts, or reverse amenity issues; and
The development provides adequate provision for onsite parking and manoeuvring at the
different times of use, which is safe, functional and meet the reasonable requirements of the
industrial and associated retail dining.
The Assessment Manager’s favourable consideration of the above development application is
therefore recommended. Please contact me if you require any further information and/or clarification
with respect to the above application.
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