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Planning Report (004)

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        DEVELOPMENT ASSESSMENT REPORT
DEVELOPMENT APPLICATION FOR DEVELOPMENT PERMIT FOR MATERIAL CHANGE
      OF USE FOR ENTERTAINMENT AND DINING BUSINESS – TYPE 3 BAR
  ASSOCIATED WITH APPROVED INDUSTRIAL BUSINESS – TYPE 2 PRODUCTION,
               ALTERATION, REPACKAGING AND REPAIRING

                       5 TAYLOR COURT, COOROY
                           LOT 5 ON SP197517

File Number: 19360                                     November 2019
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Page 2

PROJECT URBAN – 19230                                                                                                         November 2019




DOCUMENT INFORMATION

Project number:                      19230

Report prepared for:                 BNB Super Pty Ltd


COMPANY DETAILS

Project Urban Pty Ltd
Suite 1 Corner Surf Road & Gardak Street
ALEXANDRA HEADLAND QLD 4572
Tel: 07 5443 2844
Email: [email protected]


Disclaimer Statement

Project Urban Pty Ltd retains ownership and copyright of the contents of this document including drawings, plans, figures and other work
produced by Project Urban Pty Ltd. This document is not to be reproduced in full or any part, unless separately approved by Project Urban Pty
Ltd. The client may use this document only for the purpose of which it was prepared. No third party is entitled to use or rely on this document.

This report is based on our opinion of the town planning issues that arise from the statutory provisions relating to this site. Comments and
conclusions in or construed from this report relating to matters of law are not to be relied upon. You should only rely upon the advice of your
professional legal advisors with respect to matters of law. This report is provided on the basis that our standard Terms and Conditions apply.




Development Assessment Report                                                                                                     Page 2 of 27
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PROJECT URBAN – 19230                                                                                                                               November 2019




TABLE OF CONTENTS
1.0     APPLICATION SUMMARY.................................................................................................... 4
2.0     INTRODUCTION ................................................................................................................. 6
3.0     SITE DESCRIPTION .............................................................................................................. 8
  3.1     SUBJECT SITE ................................................................................................................................................ 8
  3.2     SURROUNDING LAND USES ...................................................................................................................... 9
4.0     PROPOSED DEVELOPMENT ............................................................................................... 10
5.0     STATE PLANNING INTERESTS ........................................................................................... 12
  5.1     PLANNING REGULATION .......................................................................................................................... 12
  5.2     STATE PLANNING POLICY ........................................................................................................................ 12
  5.3     REGIONAL PLAN ........................................................................................................................................ 14
  5.4     REFERRAL .................................................................................................................................................... 14
  5.5     STATE DEVELOPMENT ASSESSMENT PROVISIONS .............................................................................. 14
6.0     PLANNING SCHEME.......................................................................................................... 15
  6.1     LAND USE DEFINITIONS ........................................................................................................................... 15
  6.2     LEVEL OF ASSESSMENT............................................................................................................................. 15
  6.3     DESIRED ENVIRONMENTAL OUTCOMES ............................................................................................... 19
  6.4     OVERLAYS ................................................................................................................................................... 21
  6.5     LOCALITY .................................................................................................................................................... 22
  6.6     COOROY & LAKE MACDONALD LOCALITY PLAN – SPECIFIC OUTCOMES ....................................... 24
  6.7     PLANNING SCHEME CODES ..................................................................................................................... 25
  6.8     PLANNING SCHEME CONFLICTS ............................................................................................................. 25
7.0     CONCLUSION ................................................................................................................... 26


SUPPORTING DOCUMENTATION
Proposal Plans prepared by Rhad Leonardi

Plan of Development

Decision Notice (MCU18/0120, OPW18/0197, RAL18/0013)




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PROJECT URBAN – 19230                                                                    November 2019




1.0 APPLICATION SUMMARY

 SITE DETAILS

 Address                        5 Taylor Court, Cooroy

 Real Properly Description      Lot 5 on SP197517

 Land Area                      1.05 hectares

 Local Authority                Noosa Council

 Registered Landowner           Hass Holdings Pty Ltd (A.C.N. 151 952 653) as Trustee

 Current Use                    Industrial - Currently under construction in association with
                                Council references MCU18/0120, OPW18/0197, RAL18/0013

 PLANNING SCHEME DESIGNATIONS

 Planning Scheme                Noosa Plan

 Locality                       Cooroy and Lake Macdonald

 Zone                           Industry (subject to plan of development)

 Overlays                          •     Biodiversity (watercourse and drainage lines)
                                   •     Natural Resources (resource separation area and water
                                         supply catchment)
                                   •     Natural Hazards (potential impact buffer)

 APPLICATION DETAILS

 Applicant                      BNB Super Pty Ltd

 Application Type               Development Permit for Material Change of Use

 Proposal                       Entertainment and Dining Business - Type 3 Bar associated with
                                approved Industrial Business – Type 2 production, alteration,
                                repackaging and repairing

 Level of Assessment            Impact

 Referrals                      Not applicable




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PROJECT URBAN – 19230                           November 2019


PROJECT TEAM

Town Planning                   Project Urban

Design                          Rhad Leonardi




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PROJECT URBAN – 19230                                                                      November 2019




2.0 INTRODUCTION

This Development Assessment Report has been prepared on behalf of BNB Super Pty Ltd to
support a Development Application for a Development Permit for Material Change of Use for
Entertainment and Dining Business - Type 3 Bar associated with approved Industrial Business –
Type 2 production, alteration, repackaging and repairing.

The subject site is situated at 5 Taylor Court, Cooroy and is described as Lot 5 on SP197517. An
industrial development is approved for the site and is currently being constructed. The applicant
intends to occupy approved tenancies 1 and 11. These tenancies will be used by 20 20 Distillery
for a distillery and an associated tasting area. The proposed tasting area will occupy part of
tenancy 1. The tasting area will equate to an area of 33m2 and will include a tasting bar (12m2)
and seating area (21m2). The balance of tenancy 1 and all of tenancy 11 will be used as a
distillery. The distillery will primarily brew vodka, whiskey and gin. It is envisaged that the tasting
area will only operate on Fridays and weekends.

The distillery is consistent with the definition of Industrial Business – Type 2 production, alteration,
repackaging and repairing. This land use is already approved for the site via Council reference
MCU18/0120. Council has confirmed that the tasting area constitutes its own land use and is
defined as Entertainment and Dining Business - Type 3 Bar. It is this land use which is the subject
of this application.

The site is in the Urban Footprint of the SEQ Regional Plan. The Noosa Plan includes the site in
the Cooroy and Lake Macdonald locality and the Industry Zone. The site forms part of the
Nandroya Industrial Estate which was approved by the Noosa Council in November 2006. That
approval included a Plan of Development which included a Supplementary Table of Development
Assessment.

The proposed use (Entertainment and Dining Business - Type 3 Bar) requires impact assessment
and is identified as an inconsistent use in the Supplementary Table of Development Assessment.
Sufficient grounds to gain approval to justify the development’s conflicts with the plan of
development are set out below:

    •   The proposed tasting area is 33m2 and occupies approximately 20% of the overall floor
        space of the two tenancies. The tasting room is ancillary to the primary, approved
        industrial use of the tenancy. There is also a reasonable expectation that a distillery would
        include a small tasting area to present, taste and sell product. Whilst Council has
        confirmed that it considers the tasting area to comprise its own specific use, it should be
        noted that the operation, use and function of the tasting area is wholly related to the
        primary use, being the distillery. The use is considered to be complimentary to and typical
        of a modern distillery;

    •   The planning scheme definition of an “industrial business” permits the sale of goods
        resulting from the industrial activity, with up to 20% of the floor area being able to be
        used for this purpose. The proportion of space allocated to the tasting area is consistent
        with this percentage;



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    •   The site is well separated from residential uses, with the nearest house being located
        approximately 380m to the east, across the Bruce Highway;

    •   There is sufficient car parking. Four parking spaces are proposed to be allocated to
        tenancy 1 and there will be a substantial pool of unallocated parking spaces within the
        industrial estate;

    •   The tasting area is only likely to operate on Fridays and on weekends. The peak periods
        associated with other land uses in the estate are unlikely to coincide with these
        timeframes;

    •   The site is within the Lake Macdonald water supply catchment but is located within a
        building that is already committed for urban development purposes. There will be no
        adverse impacts on the water supply catchment from the proposed use;

    •   The site is already serviced by all typical urban infrastructure including sewer and
        reticulated water;

    •   The proposal satisfies all higher order provisions of the planning scheme.

In summary, the proposal offers community benefits and an absence of negative impacts. The
proposal requires impact assessment. That assessment concludes that any impacts of the
proposal are only positive, and the proposal will be of benefit to the community.




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PROJECT URBAN – 19230                                                                             November 2019




3.0 SITE DESCRIPTION

3.1 SUBJECT SITE


The subject site is situated at 5 Taylor Court, Cooroy and is described as Lot 5 on SP197517. The
total site area comprises an area of 1.05 hectares and has a road frontage to Taylor Court of 31m.

The lot is free of any significant vegetation. Several easements exist over the site for water and
sewer. Lot 5 slopes towards the south-east. Elevations range from approximately 116m to 122m
AHD.

The site location and context are illustrated in figure 1 below. The figure illustrates that the site is
located near the Bruce Highway. The site located in an industrial estate known as the Nandroya
Industrial Estate. This estate was developed by the state government in 2008 and resulted in five
industrial allotments being created.

The site is currently under construction which will ultimately see 39 industrial tenancies on the
property. The proposed distillery and tasting area will occupy approved industrial tenancies 1
and 11.

The estate has otherwise experienced a very slow take up with only temporary land uses having
occupied the estate since titles were created.



                                                       SUBJECT SITE




                                                                                  BRUCE HIGHWAY




                                   Figure 1: Location of Subject Site (Nearmap)




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3.2 SURROUNDING LAND USES


As discussed above, the site is located in the Nandroya Industrial Estate. The estate comprises
five (5) industrial lots ranging in size from 8,243m2 to over two (2) hectares. Temporary uses
associated with the Bruce Highway upgrade occupy parts of the estate. The estate is otherwise
vacant. The wider estate is immediately bound by Holts Road to the north and is bordered by a
drainage reserve that wraps around the other boundaries.

The Bruce Highway is adjacent to the north and includes on and off ramps associated with the
interchange. The Bruce Highway (Cooroy to Curra) upgrade has improved connectivity to the
estate from both approaches.

Rural residential and rural land holdings are evident further to the south and west of the estate.
The nearest residential dwellings are located approximately 380m to the east (across the
highway), 440m to the south-west and 600m to the south.




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PROJECT URBAN – 19230                                                                              November 2019




4.0 PROPOSED DEVELOPMENT

This application seeks a Development Permit for a Development Permit for Material Change of
Use for Entertainment and Dining Business - Type 3 Bar associated with approved Industrial
Business – Type 2 production, alteration, repackaging and repairing. The proposal will be
established in accordance with the accompanying Proposal Plans.

The proposed distillery and tasting area occupy approved industrial tenancies 1 and 11 as shown
in red on the approved site plan extract in Figure 2 below.




                                Figure 2: Extract of approved Site Plan showing tenancies 1 & 11

Tenancies 1 & 11 are located adjacent to the entrance to the estate. The proposal will form an
important entry statement to the overall industrial estate. Figure 3 provides a perspective image
illustrating how tenancy 1 will be viewed from the entrance driveway and the Taylor Court
frontage. The tenancy achieves a contemporary, architecturally designed form with building
articulation and variation in materials and treatments.




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                                Figure 3: Perspective of tenancy 1 as viewed from driveway

The proposed tasting area will occupy part of tenancy 1. The tasting area will equate to an area
of 33m2 and will include a tasting bar (12m2) and seating area (21m2). The balance of tenancy 1
and all of tenancy 11 will be used as a distillery. The distillery will primarily brew vodka, whiskey
and gin. It is envisaged that the tasting area will only operate on Fridays and on weekends.

Vehicles will enter the proposed development on Lot 5 via the existing frontage to Taylor Court.
Tenancy 1 is to be allocated 4 car parking spaces. The industrial estate will provide a significant
pool of unallocated parking spaces.




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PROJECT URBAN – 19230                                                                November 2019




5.0 STATE PLANNING INTERESTS

5.1 PLANNING REGULATION


The Planning Regulation 2017 (the Regulation) prescribes Assessment Benchmarks that the
application must be carried out against, which are additional or alternative to the Assessment
Benchmarks contained in the local planning instruments.

These Assessment Benchmarks are prescribed as being contained in:

    •   the SEQ Regional Plan and Part E of the State Planning Policy, to the extent they are not
        appropriately integrated into the Planning Scheme; and

    •   Schedule 10 of the Regulation.

The SEQ Regional Plan and State Planning Policy are addressed in sections 5.2 and 5.3 below.

A review of Schedule 10 identifies that the development does not trigger referral.


5.2 STATE PLANNING POLICY


The State Planning Policy (SPP) defines the Queensland Government’s policies about matters of
state interest in land use planning and development. The SPP only applies to development
assessment if the planning scheme has not yet appropriately integrated the SPP. If there is a
discrepancy between a local planning scheme and a state planning policy, then what is outlined in
the state planning policy overrides the planning scheme.

The Noosa Plan does not reflect the SPP and assessment against the SPP is required. Part E of the
SPP details the interim development assessment requirements for the following state interests:

 State Interest                                Comment
 Planning for Liveable Communities and Housing
 Housing supply and diversity                     Not Applicable
                                                  No assessment benchmarks apply.
 Liveable communities                             Not Applicable
                                                  The proposal will comply with the relevant
                                                  requirements for hydrants and water supply.
 Planning for Economic Growth
 Agriculture                                      Not Applicable
                                                  No assessment benchmarks apply.
 Development and construction                     Not Applicable
                                                  No assessment benchmarks apply.


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 Mining and extractive resources                 Not Applicable
                                                 The site is not within a key resource area
                                                 (KRA), the separation area of a KRA or the
                                                 transport route separation area of a KRA.
 Tourism                                         Not Applicable
                                                 No assessment benchmarks apply.
 Planning for the Environment and Heritage
 Biodiversity                                    Not Applicable
                                                 No assessment benchmarks apply.
 Coastal environment                             Not Applicable
                                                 No assessment benchmarks apply.
 Cultural heritage                               Not Applicable
                                                 No assessment benchmarks apply.
 Water quality                                   Applicable
                                                 The site is identified as being within the water
                                                 supply buffer area and a water resource
                                                 catchment. The approved stormwater design
                                                 achieves current annual pollutant load
                                                 reduction objectives set by the State Planning
                                                 Policy 2016.
 Planning for Safety and Resilience to Hazards
 Emissions and hazardous activities              Not Applicable
                                                 No assessment benchmarks apply.
 Natural hazards, risk and resilience            Applicable
                                                 The site is affected by the bushfire (potential
                                                 impact buffer) and flood mapping. The site is
                                                 not mapped as being subject to flood hazard
                                                 within the planning scheme. Sufficient water is
                                                 provided for firefighting purposes.
 Planning for Infrastructure
 Energy and water supply                         Not Applicable
                                                 No assessment benchmarks apply.
 Infrastructure integration                      Not Applicable
                                                 No assessment benchmarks apply.
 Transport infrastructure                        Not Applicable
                                                 No assessment benchmarks apply.
 Strategic airports and aviation facilities      Not Applicable
                                                 The site is not located within proximity of a
                                                 strategic airport or aviation facility.
 Strategic ports                                 Not Applicable
                                                 The local government area does not contain a
                                                 strategic port.



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PROJECT URBAN – 19230                                                              November 2019



5.3 REGIONAL PLAN


The site is subject to the South East Queensland Regional Plan 2017 (Shaping SEQ) (regional
plan). The regional plan includes the site within the Urban Footprint. No further assessment
against the Regional Plan has been undertaken.



5.4 REFERRAL


No referral is triggered by the application.



5.5 STATE DEVELOPMENT ASSESSMENT PROVISIONS


The State Development Assessment Provisions (SDAP) set out the matters of interest to the state
for development assessment, where the state assessment and referral agency (SARA) is
responsible for assessing or deciding development applications as assessment manager or as a
referral agency. The SDAP is not applied by local government in the assessment of development
applications.

As no referral is triggered by the application the SDAP are not applicable.




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PROJECT URBAN – 19230                                                                  November 2019




6.0 PLANNING SCHEME

Under The Noosa Plan, the site is included within the Cooroy and Lake Macdonald locality and
the Industry Zone (Figure 4). The site is also identified as being subject to a plan of development.
An assessment of the applicable provisions of The Noosa Plan has been undertaken below.




                                  Figure 4: Zoning Extract (Noosa Council)

6.1 LAND USE DEFINITIONS


The proposed development is defined in the Noosa Plan as:

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

       Type 3 Bar: The use of premises primarily for the serving of liquor for consumption on
       the premises. The use may include ancillary sale of food for consumption on the
       premises and may include amplified music, live entertainment and a dance floor. The
       use includes a hotel, tavern, bar or nightclub but does not include a restaurant.

Comment:        The proposed development will be established in accordance with the above
definition.

6.2 LEVEL OF ASSESSMENT

The zone map refers to schedule 6 of the planning scheme. Schedule 6 identifies the site as
“Holts Road Cooroy” – refer to extract below.




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PROJECT URBAN – 19230                                                                November 2019




The Noosa Shire Council approved an industrial subdivision at Taylor Court in November 2006,
under application reference 2005/2159. The Decision Notice also approved a Plan of
Development which set out a number of parameters for future development on the lots within
the subdivision. The referenced Plan of Development is included in Figure 5 and is also attached.
The Plan of Development includes a supplementary table of development which identifies the
proposed land use as impact assessable and inconsistent. Despite the assessment requirements
embedded in the approved Plan of Development, an impact assessable application is required to
be assessed against the entire planning scheme.




Figure 5: Plan of Development




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PROJECT URBAN – 19230                                                                   November 2019




The plan of development identifies the following criteria:

 Parameter                                       Comment
 Building height – 10m                           Complies
 Water Quality Treatment                         Refer to   the approved                Stormwater
 Each allotment to treat stormwater runoff prior Management Report.
 to exiting each allotment to the following
 standards:
              •   Total Nitrogen of 0.3mg/L,
              •   Total Phosphorus of 0.03mg/L,
              •   pH - 6 - 8,
              •   Faecal   Coliforms   -       1000
                  organisms/100mL, and
              •   Suspended Solids - 15mg/L for
                  combined wet and dry periods:
                  90%ile < 100mg/L for wet
                  weather periods.

 Each allotment shall submit a Stormwater and           The approved stormwater design achieves
 Water Quality Management Plan that shall               current annual pollutant load reduction
 comply with and address inter alia, the                objectives set by the State Planning Policy
 following issues in relation to the construction,      2016.
 establishment and operation phases of the
 development:
              •   All   necessary     erosion   and
                  sediment controls required. The
                  Erosion and Sediment Control
                  Plans shall cover all development
                  on site (during the construction,
                  establishment and operational
                  phases), ecological restoration
                  and remediation works.
              •   All     necessary     stormwater
                  treatment and water quality
                  devices associated with the
                  development shall be located
                  within the approved boundaries
                  of the lots and each development
                  precinct.
              •   Details of proposed locations and
                  dimensions       of     stormwater
                  treatment systems possible to
                  achieve     the     water   quality
                  objectives listed above.
              •   Details of stormwater reuse
                  strategies and detention devices
                  to ensure the hydrologic regime is
                  not altered from the current state.
              •   Details of proposed management
Development Assessment Report                                                             Page 17 of 27
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                  techniques to mitigate impacts
                  from     potential   uncontrolled
                  releases from the industrial uses
                  and the sewerage pump station.
                  Control    measures     shall  be
                  designed to prevent contaminants
                  such as heavy metals/toxic
                  chemicals leaving the site. These
                  measures shall be located outside
                  the vegetated buffer area.
              •   Details   of     monitoring and
                  reporting requirements to ensure
                  achievement of the listed water
                  quality objectives.
 The stormwater discharge from each lot site
 shall be designed such that there is no net
 increase in the rate of discharge as a result of
 the development for storm events up to 100
 year ARI.
 Acoustic Treatments                             The Noise Impact Assessment prepared by
 An Acoustic Report by an acoustic consultant to David Moore Acoustics for the industrial
 be submitted with each application to Council   development approval for the site confirmed
 demonstrating that noise will not exceed the    that an appropriate noise environment could
 following levels-                               be achieved. The proposed tasting area is
                                                 within a tenancy that was included in this
                                                 previous noise assessment.           Similar
                                                 separation distances to nearby residences
                                                 and the highway are achieved. On this basis,
                                                 it is reasonable to assume that no noise
                                                 control measures would be required for the
 This report shall identify measures to mitigate proposed development.
 the potential noise impacts and meet the
 respective levels identified and include:
              •   Buildings to be located adjacent
                  the    western     or    southern
                  boundaries of lots (outside the
                  vegetated buffers), with building
                  to screen the noisier activities,
                  such as loading docks, open yards
                  and other external activities from
                  residents.
              •   For lots 1 and 2 continuous plant
                  such as air conditioning and
                  refrigeration plant shall not be
                  mounted on the building roof and
                  located in a manner that provides
                  acoustic shielding from the
                  nearest residences to the west.
 Landscaping
 Landscaping shall be undertaken in accordance The proposed development is located within
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PROJECT URBAN – 19230                                                              November 2019




 with Council’s Landscaping Code nominated in an industrial building which is subject to
 The Noosa Plan 2006 (refer typical section of landscaping requirements.
 10m buffer inset).

 A 10 metre wide landscaping strip shall be
 provided on Allotments 1, 3 and 6 for the full
 extent of the Holts Road frontage.

 All mature native vegetation within the parking
 areas and outside the area subject to
 remediation, drainage or earthworks as a result
 of this application shall be preserved.
 Water Supply Requirements                         Adequate water supply       pressures    are
 In addition to achieving connection to Council’s understood to now exist.
 reticulated water supply each allotment shall be
 serviced by its own water storage and booster
 pump for fire-fighting as well as providing a
 water supply for non-potable purposes. The
 storage shall be replenished by a combination
 of rainwater collection from the roof areas and
 regulated trickle flow from Council’s reticulated
 supply.

6.3 DESIRED ENVIRONMENTAL OUTCOMES

The Desired Environmental Outcomes (“DEOs”) are statements of broad policy at a shire-wide
level, and form the foundation from which other provisions of the Noosa Plan are developed.
Part 3 of the Noosa Plan contains 12 DEOs, each relating to a specific policy.

The Commercial & Retail Uses DEO is considered to be of most relevance to the proposed
development. This DEO is set out as follows:

        A hierarchy of centres with a range of Commercial and Retail business uses provide
        suitable levels of amenity, service and access to the community, consistent with the
        community’s location and needs and is based on—

        i.   a proportion of Noosa’s higher order needs fulfilled by centres in other areas,
             particularly the key regional centre of Maroochydore;

        ii. the Shire Business Centre, a Major Activity Centre for the purposes of the SEQ
            Regional Plan and the highest order centre within the former Noosa Shire, developed
            in stages consistent with the needs of the population of the former Noosa Shire and
            areas to the immediate south;

        iii. protecting the long term viability of the Shire Business Centre as the principle
             business, retail and administrative centre;



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        iv. recognising that it may be necessary to increase floor space in existing centres to
            meet changing needs, provided any increased floor space does not impact on the
            successful operation and development of the Shire Business Centre;

        v. business centres at Cooroy, Noosa Junction, Noosaville and Tewantin;

        vi. neighbourhood or visitor centres at Peregian Beach, Sunrise Beach, Sunshine Beach,
            Noosa Heads, Noosaville, Tewantin, Cooroibah and Teewah;

        vii. the town of Pomona and the village centres of Kin Kin, Boreen Point and Cooran;

        viii. Uses that comprise a large component of Commercial and Retail business uses or
              other non-industrial uses are not located on land that is otherwise intended for
              Industrial business uses;

        ix. Home-based business uses that contribute to the economy of Noosa, but do not
            reduce surrounding residential amenity or environmental values; and

        x. energy efficiency and water conservation principles.

Comment: The proposal does not include a “large component” of commercial or retail uses (as
described in Item viii of this DEO). The tasting area is associated with the distillery (an approved
industrial land use) and is not considered significant in the context of the DEO. Whilst Council has
confirmed that the tasting area comprises its own specific use, it should be noted that the
operation, use and function of this part of the building will be primarily related to the distillery.
The sale and tasting of goods is considered to be complimentary to and typical of a modern
distillery.

The Industrial Business Uses DEO is considered to be of relevance to the proposed
development. This DEO is set out as follows:

        Industrial uses and extractive and mining uses—
        i. provides suitable levels of service and employment to the community;
        ii. promotes the sale of local products;
        iii. is predominantly low key, clean and service-orientated;
        iv. is underpinned by environmentally sustainable development practices that avoid
              adverse impacts on immediate or surrounding settlements or ecosystems;
        v. develops and operates in a sustainable manner, including prudent use of non-
              renewable resources;
        vi. results in a proportion of Noosa’s higher order needs being fulfilled by facilities
              located in other areas, particularly the key regional centre of Maroochydore;
        vii. protects industrial areas, valuable extractive and mineral resources and associated
              heavy vehicle haul routes, particularly from the encroachment of incompatible
              development, for the ongoing benefit of the community; and
        viii. utilises water and energy efficient practices.

Comment: This DEO is only relevant to the extent that the land is zoned Industry and there may
be perceived concerns with the protection of industrial land for industrial uses and other
compatible uses.
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The level of conflict really distils down to the preferred land uses in the plan of development. The
tasting area will not result in a loss of industrial land and is otherwise consistent with the
requirements of the DEO.

For the reasons above, it is our view that the proposal does not impact on the hierarchy of
centres or industrial areas and furthermore, it is consistent with the Noosa Plan’s DEOs.


6.4 OVERLAYS


The following overlays exist upon the site:

 Overlay                                             Comment

 Biodiversity

                                                     The site contains a mapped watercourse and
                                                     drainage line subject to the Biodiversity
                                                     Areas Overlay. There is no evidence of this
                                                     watercourse on the site. The waterway
                                                     mapping is considered to be inaccurate and
                                                     does not reflect the site’s environmental
                                                     characteristics hence no further assessment
                                                     has been undertaken.




 Natural Resources

                                                     The site is identified as a resource
                                                     separation area and a water supply
                                                     catchment area subject to the Natural
                                                     Resources overlay.

                                                     The development will not adversely affect
                                                     the ongoing use of extractive or mining
                                                     industries and will not constrain the
                                                     transportation of such materials.

                                                     The development will not adversely impact
                                                     on the Lake Macdonald water supply. The
                                                     site is a committed urban development site
                                                     that is located above 98.5m AHD and can be
                                                     connected      to   sewer.     Appropriate
                                                     stormwater quality and erosion and
                                                     sediment control measures will be
                                                     incorporated into the development.




Development Assessment Report                                                            Page 21 of 27
Material Change of Use
5 Taylor Court, Cooroy
Lot 5 on SP197517

Page 22

PROJECT URBAN – 19230                                                               November 2019




 Natural Hazards

                                                   The site is identified as a potential impact
                                                   buffer subject to the Natural Hazards
                                                   overlay. Sufficient water supply for
                                                   firefighting purposes and access will be
                                                   provided.




6.5 LOCALITY


The site is included within the Cooroy and Lake Macdonald locality. The overall outcomes sought
for the Cooroy & Lake Macdonald Locality are set out in section 6.8.2 of the planning scheme and
are as follows:

The overall outcomes sought for the Cooroy & Lake Macdonald Locality are the following—

a) New uses and works are located, designed and managed to—
       i       be compatible with other uses and works;
       ii      maintain the safety of works;
       iii     avoid significant adverse impacts on the amenity enjoyed by users of other
               premises, including acoustic and visual qualities; and
       iv      avoid significant adverse effects on the natural environment, including native
               habitat removal, fragmentation and attrition;
b) The Cooroy and Lake Macdonald Locality supports a growing urban and rural settlement of
permanent residents;
c) Development is consistent with the Priority Infrastructure Plan in Part 15.
d) Cooroy retains its role as the major business centre for Noosa’s hinterland area;
e) The relaxed country town atmosphere of Cooroy is protected for the enjoyment of future
generations;
Development Assessment Report                                                         Page 22 of 27
Material Change of Use
5 Taylor Court, Cooroy
Lot 5 on SP197517

Page 23

PROJECT URBAN – 19230                                                                 November 2019




f) The urban community is predominantly accommodated in detached housing, although areas
close to Cooroy centre support semi-attached and attached residential development and other
properties in Cooroy township containing aged-care housing;
g) The traditional built form of Cooroy is retained and new development complements traditional
streetscape and building forms;
h) Outside the town of Cooroy, development is characterised by—
         i      conservation of good quality agricultural land for agricultural purposes;
         ii     conservation of open space for biodiversity and water quality purposes; and
         iii    rural settlement at varying densities consistent with the available levels of
                convenience and accessibility, environmental constraints and proximity to the Lake
                Macdonald water supply catchment;
i) Economic activities are focused on—
         i      Cooroy’s role as the principal business and service centre for the hinterland;
         ii     Cooroy’s industrial estate;
         iii    technology based businesses reliant on broadband communication;
         iv     timber industry initiatives and product manufacturing at the Nandroya Mill site;
         v      Cooroy’s support role in the locality for surrounding agricultural activities;
         vi     extractive and mineral resources;
         vii    facilitating artistic and cultural business enterprises; and
         viii   agricultural industries and associated rural enterprises;
j) Business opportunities in Cooroy are enhanced by its access to the Bruce Highway and the
North Coast Rail line;
k) The town of Cooroy provides a range of community services, schools, medical facilities,
sporting and recreational facilities, which service the hinterland and beyond;
l) New areas of urban and rural settlement development are precluded from the part of the
locality within the catchment area of Lake Macdonald where the dominant goal is the protection
of water quality within the primary water supply source;
m) The Bruce Highway, Elm Street, Cooroy-Noosa Road, Eumundi Road, parts of Myall Street
and Diamond Street, Cooroy-Belli Road, Maple Street, Mary River Road, Lake Macdonald Drive
and Sunrise Road are protected as parts of the Noosa’s major road network;
n) A public transport node is located within Cooroy and links public transport services to other
centres in Noosa, including railway stations;
o) The vistas offered from the major road corridors are protected and add to the attraction
of the locality for visitors and residents;
p) Environmental and aesthetic values associated with the hillslopes, including iconic mountains
and the watercourses of Lake Macdonald, Ringtail, Six Mile and Cooroy Creeks, are protected;
q) Water quality standards in the watercourses of this locality are maintained or improved
through land management practices;
r) Open space networks across the locality are protected and enhanced including—
         i      Mt Cooroy Conservation Park;
         ii     parts of Tewantin and Ringtail State Forests;
         iii    the riparian corridors of Six Mile and Ringtail Creeks and their tributaries; and
         iv     the vegetated ranges of the sub-coastal escarpments in the north, south and east
                of the locality;
s) Areas of native remnant or regrowth vegetation, including their biodiversity and habitat values
are protected;
…..


Development Assessment Report                                                           Page 23 of 27
Material Change of Use
5 Taylor Court, Cooroy
Lot 5 on SP197517

Page 24

PROJECT URBAN – 19230                                                                November 2019




y) For the Industry Zone—land in this zone—
        i      accommodates the principal industrial centre of the hinterland including
               businesses associated with manufacturing, production, storage, repairs and
               the like to the exclusion of inconsistent uses such as residential or
               community uses;
        ii     as good access to the major road network including the Bruce Highway; and
        iii    accommodates uses and works that are designed and managed to contribute
               positively to the character of the locality without adverse impacts on the
               environment including excessive noise, odour, dust and other waste;

Comment: The proposal is consistent with the Overall Outcomes for the locality in the following
ways:

    •   The proposed use is compatible with envisaged development within the industrial estate;
    •   The site is well separated from residential uses, with the nearest house being located
        approximately 340m. Noise and lighting impacts associated with the uses can be
        adequately managed to avoid significant adverse impacts on the amenity of the nearest
        residences;
    •   The site does not contain environmentally sensitive areas;
    •   The proposal contributes towards Cooroy retaining its role as a major business centre;
    •   The proposal is located on a site in Cooroy’s industrial estate where economic activities
        are to be focused;
    •   Access to the site from the Bruce Highway has been improved as part of the Bruce
        Highway (Cooroy to Curra) upgrade.


6.6 COOROY & LAKE MACDONALD LOCALITY PLAN – SPECIFIC OUTCOMES

An assessment has been undertaken against the specific outcomes of the Cooroy and Lake
Macdonald Locality Plan. The following points are noted from this assessment:

    •   The function and visual amenity of the Bruce Highway is not considered to be adversely
        affected by the proposed development. Lot 5 is well separated from the highway. The
        proposal is located within an approved industrial tenancy which incorporates design
        features, external finishes and landscape elements that will positively contribute to the
        locality;
    •   The scale of the approved built form proposed is appropriate;
    •   The approved building heights do not exceed the preferred building height for the
        industrial zone of 10 metres;
    •   The approved roof forms will contribute positively to the skyline;
    •   The development will not adversely impact on the Lake Macdonald water supply.

An assessment has been undertaken against the specific outcomes for the Industry Zone of the
Cooroy and Lake Macdonald Locality Plan. The following points are noted from this assessment:

    •   Consistent and inconsistent uses in the Industry Zone are overridden by the approved
        plan of development;
    •   External storage areas and plant will be screened from surrounding roads where required.


Development Assessment Report                                                          Page 24 of 27
Material Change of Use
5 Taylor Court, Cooroy
Lot 5 on SP197517

Page 25

PROJECT URBAN – 19230                                                              November 2019




The proposal is considered to comply with the Specific Outcomes of the Cooroy and Lake
Macdonald Locality Code.


6.7 PLANNING SCHEME CODES


In accordance with the applicable Table of Assessment the following Codes are applicable to the
proposed development:

•   Cooroy and Lake Macdonald locality code;
•   Business uses code;
•   Engineering works codes:
       o Driveways and carparking code;
       o Earthworks code;
       o Erosion and sediment control code;
       o Existing services code;
       o Landscaping code;
       o Transport, roads and drainage code;
       o Waste management code;
       o Water sensitive design code;


Comment: An assessment of the applicable codes has been undertaken. The code assessment
has determined that the proposed development complies with all relevant specific outcomes.

6.8 PLANNING SCHEME CONFLICTS


The assessment of the proposed development against The Noosa Plan has determined that there
are no planning scheme conflicts.




Development Assessment Report                                                        Page 25 of 27
Material Change of Use
5 Taylor Court, Cooroy
Lot 5 on SP197517

Page 26

PROJECT URBAN – 19230                                                                  November 2019




7.0 CONCLUSION

This Development Assessment Report has been prepared on behalf of BNB Super Pty Ltd to
support a Development Application for a Development Permit for Material Change of Use for
Entertainment and Dining Business - Type 3 Bar associated with approved Industrial Business –
Type 2 production, alteration, repackaging and repairing.

The Noosa Plan includes the site within the Cooroy and Lake Macdonald Locality and in the
Industry Zone. The site is further regulated by a Plan of Development.

The proposed use (Entertainment and Dining Business - Type 3 Bar) requires impact assessment
and is identified as inconsistent uses in the Supplementary Table of Development Assessment.
Sufficient grounds to gain approval to justify the development’s conflicts with the plan of
development are set out below:

    •   The proposed tasting area is 33m2 and occupies approximately 20% of the overall floor
        space of the tenancies. The tasting room is ancillary to the primary, approved industrial
        use of the tenancy. It is a reasonable expectation that a distillery would have a small
        tasting area to present, sell and taste product. Whilst Council has confirmed that it
        considers the tasting area to comprise its own specific use, it should be noted that the
        operation, use and function of the tasting room is wholly related to the primary use, being
        the distillery. The sale and tasting of product is considered to be complimentary to and
        typical of a modern distillery;

    •   The planning scheme definition of an “industrial business” permits the sale of goods
        resulting from the industrial activity, with up to 20% of the floor area being able to be
        used for this purpose. The proportion of space being used for tasting is consistent with
        this percentage;

    •   The site is well separated from residential uses, with the nearest house being located
        approximately 380m to the east;

    •   There is sufficient car parking in the estate. Four parking spaces are proposed to be
        allocated to tenancy 1 and there will be a substantial pool of unallocated parking spaces
        across the industrial estate;

    •   The tasting area is only likely to operate on Fridays and on weekends. The peak periods
        associated with other land uses in the estate are unlikely to coincide with these
        timeframes;

    •   The site is within the Lake Macdonald water supply catchment but is located within a
        building that is already committed for urban development purposes;

    •   The site is already serviced by all typical urban infrastructure including sewer and
        reticulated water;

    •   The proposal satisfies all higher order provisions of the planning scheme.

Approval of the proposed development is warranted.

Development Assessment Report                                                            Page 26 of 27
Material Change of Use
5 Taylor Court, Cooroy
Lot 5 on SP197517

Page 27

    

SUNSHINE COAS

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Box 6380 Maroochydore BC Qld 4558

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