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Planning Report (004)
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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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 Material Change of Use 5 Taylor Court, Cooroy Lot 5 on SP197517
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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) Development Assessment Report Page 3 of 27 Material Change of Use 5 Taylor Court, Cooroy Lot 5 on SP197517
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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
Development Assessment Report Page 4 of 27
Material Change of Use
5 Taylor Court, Cooroy
Lot 5 on SP197517
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PROJECT URBAN – 19230 November 2019 PROJECT TEAM Town Planning Project Urban Design Rhad Leonardi Development Assessment Report Page 5 of 27 Material Change of Use 5 Taylor Court, Cooroy Lot 5 on SP197517
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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;
Development Assessment Report Page 6 of 27
Material Change of Use
5 Taylor Court, Cooroy
Lot 5 on SP197517
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PROJECT URBAN – 19230 November 2019
• 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.
Development Assessment Report Page 7 of 27
Material Change of Use
5 Taylor Court, Cooroy
Lot 5 on SP197517
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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)
Development Assessment Report Page 8 of 27
Material Change of Use
5 Taylor Court, Cooroy
Lot 5 on SP197517
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PROJECT URBAN – 19230 November 2019 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. Development Assessment Report Page 9 of 27 Material Change of Use 5 Taylor Court, Cooroy Lot 5 on SP197517
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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.
Development Assessment Report Page 10 of 27
Material Change of Use
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PROJECT URBAN – 19230 November 2019
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.
Development Assessment Report Page 11 of 27
Material Change of Use
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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.
Development Assessment Report Page 12 of 27
Material Change of Use
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PROJECT URBAN – 19230 November 2019
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.
Development Assessment Report Page 13 of 27
Material Change of Use
5 Taylor Court, Cooroy
Lot 5 on SP197517
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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. Development Assessment Report Page 14 of 27 Material Change of Use 5 Taylor Court, Cooroy Lot 5 on SP197517
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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.
Development Assessment Report Page 15 of 27
Material Change of Use
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Lot 5 on SP197517
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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 Development Assessment Report Page 16 of 27 Material Change of Use 5 Taylor Court, Cooroy Lot 5 on SP197517
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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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PROJECT URBAN – 19230 November 2019
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;
Development Assessment Report Page 19 of 27
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PROJECT URBAN – 19230 November 2019
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.
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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;
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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 ey Ila thg Box 6380 Maroochydore BC Qld 4558