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Planning Report
MCU to establish Retail Business – Type 2
1 Kingsgate Drive, Tinbeerwah
Town Planning Report
MATERIAL CHANGE OF USE TO ESTABLISH RETAIL
BUSINESS – TYPE 2 SHOP & SALON
1 KINGSGATE DRIVE, TINBEERWAH described as Lot 63 o n
R P2 00 339
Applicant: Margaret McFarland
Date: November 2016
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Page 2
MCU to establish Retail Business – Type 2
1 Kingsgate Drive, Tinbeerwah
1. Summary ............................................................................................................... 5
2. Application Information ............................................................................................ 7
3. Development Intent ................................................................................................. 8
4. Characteristics of Site and Surrounds ........................................................................... 8
4.1 Site Characteristics ....................................................................................................... 8
4.2 Past and Existing Uses ................................................................................................. 10
4.3 Surrounding Area Land Uses ......................................................................................... 11
5. Proposed Development Details ................................................................................ 12
5.1 Material Change of Use ............................................................................................... 12
5.2 Use Area ................................................................................................................... 12
5.3 Carparking ................................................................................................................ 12
5.4 Acoustics .................................................................................................................. 13
5.5 Hours of Operation ..................................................................................................... 14
6. State Planning Interests .......................................................................................... 15
6.1 State Planning Regulatory Provisions.............................................................................. 15
6.2 State Planning Policy ................................................................................................... 15
6.3 State Development Assessment Provisions ...................................................................... 16
7. SEQ Regional Plan.................................................................................................. 17
8. Noosa Plan Considerations ...................................................................................... 18
8.1 Locality and Zone ....................................................................................................... 18
8.2 Land Use Definition .................................................................................................... 19
8.3 Level of Assessment .................................................................................................... 19
8.4 Desired Environmental Outcomes ................................................................................. 19
8.5 Applicable Development and Overlay Codes .................................................................... 21
8.5.1 Business Uses Code .................................................................................................... 21
8.5.2 Tewantin & Doonan Locality Code ................................................................................. 21
8.5.3 Natural Hazards Overlays Code ..................................................................................... 22
8.5.4 Advertising Devices Code ............................................................................................. 22
8.5.5 Building Removal, Relocation and Demolition Code .......................................................... 22
8.5.6 Building Works Code ................................................................................................... 22
8.5.7 Detached House Driveways Code .................................................................................. 22
8.5.8 Driveways and Carparking Code .................................................................................... 22
8.5.9 Earthworks Code ........................................................................................................ 22
8.5.10 Erosions and Sediment Control Code ............................................................................. 23
8.5.11 Existing Services Code ................................................................................................. 23
8.5.12 Landscaping Code ....................................................................................................... 23
8.5.13 Transport, Roads and Drainage Code ............................................................................. 23
8.5.14 Waste Management Code ............................................................................................ 23
8.5.15 Water Sensitive Design Code ........................................................................................ 23
8.5.16 Watercourses Works Code ........................................................................................... 24
8.6 Relevant Planning Scheme Policies ................................................................................ 24
9. Conclusions .......................................................................................................... 25
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MCU to establish Retail Business – Type 2
1 Kingsgate Drive, Tinbeerwah
Figure 1 – Site Location Plan
Figure 2 – Cadastral Plan
Figure 3 – 5km Patron Catchment
Figure 4 –Council Zone Map
Figure 5 – SEQ Regional Plan Land Use Category Map
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MCU to establish Retail Business – Type 2
1 Kingsgate Drive, Tinbeerwah
Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced by
any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for the sole purposes of Margaret McFarland (“Client”) for the specific
purpose of demonstrating the proposed use as being permitted under the Noosa Plan 2016
(“Purpose”). This report is strictly limited to the purpose and the facts and matters stated in it and
does not apply directly or indirectly and will not be used for any other application, purpose, use or
matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up-to-date. Where we have obtained information from a government register
or database, we have assumed that the information is accurate. Where an assumption has been made,
we have not made any independent investigations with respect to the matters the subject of that
assumption. We are not aware of any reason why any of the assumptions are incorrect.
This report is presented without the assumption of a duty of care to any other person (other than the
Client) (“Third Party”). The report may not contain sufficient information for the purposes of a Third
Party or for other uses. Without the prior written consent of RG Strategic;
this report may not be relied on by a Third Party; and
RG Strategic will not be liable to a Third Party for any loss, damage, liability or claim arising out of
or incidental to a Third Party; and
Publishing, using or relying on the facts, content, opinions or subject matter contained in this
report
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party assumes
all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any loss,
damage, claim or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.
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MCU to establish Retail Business – Type 2
1 Kingsgate Drive, Tinbeerwah
1. Summary
In response to Noosa Council’s Advisory Letter (COM 16/0199), Margaret McFarland (the Applicant) has engaged
RG Strategic to seek development approval for a Material Change of Use (Impact Assessable application) to
establish a Shop with seating for 10 persons and take-away facilities (Orange on Sunrise). As per discussions with
Council representatives, the purpose of this application is to formalise the current nonconforming use as a Retail
Business – Type 2 Shop & Salon.
The subject site is located at 1 Kingsgate Drive, Tinbeerwah and is formally described as Lot 63 on RP200339, as
shown on Figure 1 Site Location Plan. The site presently has a planning approval (3B-221) for a General Store and
residence. Due to the decline and other opportunities for residents to get their convenience items from other
locations (service stations etc.), the approved use has over time developed into the non conforming use that
presently exists on site of a pizza restaurant with take away provisions.
The proposed development of this site constitutes ‘development’ as defined by Section 7 of the Sustainable
Planning Act 2009. This report demonstrates that the proposed Material Change of Use of Premises for a Retail
Business – Type 2 Shop & Salon on the site is an use which can be supported.
The 2006 Noosa Plan recognised that a Retail use for this specific site was not an Inconsistent Use as detailed
within Division 23 – Table 6.19. This acknowledgment in the scheme was to specifically recognise and formalise
within the Noosa Plan the existing approved use and may be considered to validate the community need for a
retail / shop operation.
The proposal is deemed not inconsistent and is Impact Assessable development under the provisions of the
Noosa Plan 2016 and the Sustainable Planning Act 2009. The proposal will be assessed against the intent of the
Planning Scheme and the Desired Environmental Outcomes.
The site currently holds an approval for a General Store, it must be noted that if the General Store use was still
operational today the definition within the Noosa Plan would allow for dining up to 10 persons and take aways.
This unfortunately is not the case and the store was converted to a restaurant as a response to the overwhelming
need from the Hinterland community for a quality restaurant within close proximity. For in excess of five years,
a non-conforming restaurant use has been operating on site.
Orange on Sunrise is the only restaurant and take-away food facility within close proximity to the residents of
the Tinbeerwah and Doonan surrounds outside of the Business and Neighbourhood Centres of Cooroy, Tewantin,
Noosaville and Eumundi. The award winning restaurant is a favourite of visitors and residents of the Hinterland
area. The proposed development provides an informal atmosphere and positively contributes to the natural low-
key outdoor appeal.
To formalise the current restaurant use a Material Change of Use for a Retail Business – Type 2 Shop & Salon for
a shop with seating for 10 persons and take-away facilities will be submitted. The proposal includes an
approximate 75% reduction in the scale and capacity of the current nonconforming restaurant use.
This planning report provides greater detail of the nature of the proposal, describes the site characteristics and
surrounding land uses, and provides a statutory assessment against the intents and code requirements of the
Planning Scheme. These matters are set out in;
Proposed development intent;
Description of the characteristics of site and surrounds;
Proposed development details;
An assessment of the proposal against the State planning interests;
An assessment of the proposal against the SEQ Regional Plan;
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MCU to establish Retail Business – Type 2
1 Kingsgate Drive, Tinbeerwah
An assessment of the proposal against the Noosa Plan 2016; and
A conclusion that provides summary grounds which support the proposed Material Change of Use.
An Acoustic Report has been prepared by RoadPro and a Site and layout plans has been prepared by Zest Design.
These are attached as Appendix A and Appendix B of this report.
The proposed Retail Business – Type 2 Shop & Salon (small take-away shop) is consistent with the intent of the
Planning Scheme’s Desired Environmental Outcomes and the overall outcomes sought for the locality. The
proposal is for a use which has been significantly reduced in scale and capacity of the current well-known
nonconforming restaurant. Therefore, approval with reasonable and relevant conditions is recommended.
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MCU to establish Retail Business – Type 2
1 Kingsgate Drive, Tinbeerwah
2. Application Information
SITE DETAILS
Address 1 Kingsgate Drive, Tinbeerwah
Real Property Description Lot 63 on RP200339
Land Area 10,080m2
Use Area 99m²
Local Authority Noosa Council
Current Approved Use General Store and Residence
Proposed Use Retail Business – Type 2 Shop & Salon
PLANNING SCHEME DESIGNATIONS
Planning Scheme The Noosa Plan 2016 (amended 28 October 2016)
Locality Cooroy and Lake Macdonald Locality
Zone Rural Settlement Zone
Precinct N/A
Overlays and Relevant Codes Business Uses Code
Tewantin & Doonan Locality Code
Natural Hazards Overlays Code – Bushfire & Landslide
Advertising Devices Code
Building Removal, Relocation and Demolition Code
Building Works Code
Detached House Driveways Code
Driveways and Carparking Code
Earthworks Code
Erosion and Sediment Control Code
Existing Services Code
Landscaping Code
Transport, Roads and Drainage Code
Waste Management Code
Water Sensitive Design Code
Watercourses Works Code
APPLICATION DETAILS
Applicant Margaret McFarland
Level of Assessment Impact Assessable
Referrals N/A
PROJECT TEAM
Town Planning RG Strategic
Acoustic RoadPro
Site Plan Zest Design
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MCU to establish Retail Business – Type 2
1 Kingsgate Drive, Tinbeerwah
3. Development Intent
The existing development and use comprises of a restaurant operating from a single storey premises located on
the corner of Kingsgate Drive and Sunrise Road. In response to Noosa Council’s Advisory Letter (OM 16/0199),
the applicant is seeking an approval for a reduced proposed use. As advised by Council representatives, in order
to lodge an application for the current nonconforming use a Material Change of Use to establish a shop with
seating for 10 persons and take-away facilities is required.
The proposed Retail Business - Type 2 Shop & Salon (Orange on Sunrise) is a restaurant (with take-away facilities)
which caters predominantly to the neighbouring local communities of Tinbeerwah, Doonan, and surrounds. The
proposed use provides an alternative shop and take-away facility for the Hinterland residents and visitors. The
proposed development provides an informal and low key atmosphere and positively contributes to the natural
low-key outdoor appeal. The proposal includes a reduction in the current use area to 99m2 and from 40 seats to
only 10. This equates to an approximate 75% reduction in the scale and capacity of the current nonconforming
restaurant use, and aligns with the definition of Retail Use- Type 2.
4. Characteristics of Site and Surrounds
4.1 Site Characteristics
The land which is subject of this report (i.e. the site) is located at 1 Kingsgate Drive, Tinbeerwah and described as
Lot 63 on RP200339 as shown on Figure 1 Site Location Plan and Figure 2 Cadastral Plan. Access to the take-away
shop is via Sunrise Road, a well maintained major road.
Figure 1. Site Location Map
Source: QLD Globe
The site is within close proximity to services and community facilities available at the Neighbourhood Centre
(Noosa Outlook) and more regionally via the Cooroy and Tewantin Business Centres. The site is well connected
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MCU to establish Retail Business – Type 2
1 Kingsgate Drive, Tinbeerwah
with the major transport links of Cooroy Noosa Road and Eumundi Noosa Road nearby. An easement borders
the southern boundary of the site. The built form of the proposed small take-away restaurant is reflective of the
Rural Settlement zoning and does not present any adverse impacts on adjoining properties.
Figure 2. Cadastral Map
Source: QLD Globe
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MCU to establish Retail Business – Type 2
1 Kingsgate Drive, Tinbeerwah
4.2 Past and Existing Uses
Existing on the 10,080m2 site is a single storey premises (restaurant – Orange on Sunrise), residence and shed
(annexed dwelling). The site has a long history of use as a restaurant and is a favourite of residents of the
Hinterland area.
The site currently holds an approval for a General Store and Residence (3b-221, March 22, 1991) but has since
long been converted to a restaurant as a response to the overwhelming need from the Hinterland community
for a quality restaurant.
Outside of the Business and Neighbourhood Centres of Cooroy, Tewantin, Noosaville and Eumundi, Orange on
Sunrise, currently is the only restaurant and take-away food facility within close proximity to the residents of
Tinbeerwah and Doonan. As illustrated in Figure 3, due to the site’s central location and accessibility the
restaurant is able to service a considerable local population within a five kilometer catchment.
5km Catchment
Tewantin
Tinbeerwah
Noosa Outlook
Noosaville
Doonan
Figure 3. 5km Patron Catchment
Source: QLD Globe
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MCU to establish Retail Business – Type 2
1 Kingsgate Drive, Tinbeerwah
4.3 Surrounding Area Land Uses
As illustrated in Figure 4, the surrounding area of the subject site predominately encompasses Rural and Rural
Settlement uses. A vast amount of land to the East is designated by Council as Open Space Conservation. The
nature of the surrounding development consists of low density rural residential built form.
The natural landscape is dominated by mature native vegetation which creates a distinct hinterland amenity and
aesthetic.
Figure 4. Council Zone Map
Source: Noosa Council
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MCU to establish Retail Business – Type 2
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5. Proposed Development Details
5.1 Material Change of Use
This report demonstrates that the proposed Material Change of Use of Premises for Retail Business – Type 2
Shop & Salon on the site has sufficient planning need and alignment with the Noosa Plans higher order DEO’s
and as such can be supported.
This application is seeking to gain approval by proposing a reduction of use area to 99m2. This equates to an
approximate 75% reduction in the scale and capacity of the current nonconforming restaurant use, and aligns
with the definition of Retail Use- Type 2.
No changes to the internal and external built form of the restaurant are proposed. It is proposed due to the small
scale nature of the operation that only 99m2 of use area be attributed to this application and that the existing
built space in excess of this be deemed as not for use as detailed within the submitted plans.
5.2 Use Area
The proposed Retail Business - Type 2 Shop & Salon use comprises of a change to the approved Use area of the
premises. As per the enclosed architectural plans (Appendix B), the proposal includes external and internal
dining arrangements for 10 persons and takeaway facilities. The proposed Use area is 99m2 which is a reduction
of approximately 75% of the current nonconforming restaurant use. The proposed Use area aligns with the
definition of a Retail Business – Type 2, and there is provision of carparking infrastructure as calculated in Table
1.
The proposal will not result in any major disturbance to surrounding and adjacent land uses. Additionally, no
increase to the building envelope is proposed.
5.3 Carparking
The proposed amended enclosed architectural plans (prepared by Zest Design – Appendix B) illustrate that the
total Use area of the site is 99m2.
The existing development provides 5 carparking spaces (approved plans – 600191.1 and 600191.3 - Appendix
C) adjacent to Kingsgate Drive. Carparking for employees has been provided to the rear of the site and is accessed
via Sunrise Road.
The existing approved carparking spaces have a sealed access and surface.
The provided on-site carparking infrastructure supports the proposed hours of operation for a shop with take-
away facilities.
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MCU to establish Retail Business – Type 2
1 Kingsgate Drive, Tinbeerwah
Table 1: Required Carparking Calculation.
Use Use Definition Use Area Carparking Rate Required Spaces
1 space per 20m2‐
of use area for areas up
Proposed Type 2 Shop & Salon Use area = 99m2 to 100m2 5 Spaces
Required Carparking Spaces 5carparking spaces
Existing Carparking infrastructure 5 carparking space
5.4 Acoustics
The auditory effects of the proposed restaurant with seating for 10 persons and take-away facilities have been
assessed. The findings have been detailed in the enclosed acoustic report (Appendix A) as prepared by RoadPro.
It was deemed important to have an independent expert provide an assessment of the “perceived noise” over a
5 day period to be able to establish accurate base line data and ambient noise levels.
Noted below is an excerpt from the executive summary of the Acoustic Report:
Noise measurements were carried out over the course of an operating week (Wednesday through
Sunday) with a noise logger close to the nearest adjoining neighbour, supplemented with detailed
attended noise measurements.
The number of dining-in patrons during the noise measurements was up to 14, however the proposed
use of the site will cater for a maximum of 10 dine-in patrons.
It was found that the operation presently complies with the Acoustic Quality Objectives in the
Environmental Protection (Noise) Policy 2008, and there are no additional requirements for noise
attenuation if the site continues to operate in the same general manner as during the measurements.
The Acoustic Report finds that the louder sound levels that were experienced within the locality were attributed
to vehicles driving along Sunrise Rd and Kingsgate Drive.
Within the report in Section 5 – Discussions on Observations the following comments were made,
The logger-measured noise levels presented as charts in Appendix A do not present the operation of the
premises as being obvious in the ambient noise environment, with all noise indices generally decreasing
as the evening progresses as would be expected in most rural-residential environments i.e. if there was
significant noise from the premises during operation, an increase in, or at least maintenance of the noise
indices throughout the operating hours of the premises would be expected to some degree.
Moreover, the noise indices also show that existing noise levels with the premises operating achieve the
external Acoustic Quality Objectives and, taking into account the additional distance attenuation of 3-6
dB between the measurement location and the adjoining residence proper (not the car port), the noise
levels are also considered to comply with the required internal criteria (assuming 10dB(A) reduction from
outside – inside) presented in Table 1. Comparison of the measured noise levels with the criteria are
provided in Table 4.
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MCU to establish Retail Business – Type 2
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The acoustic consultant went further to include within Section 6 – Suggestions for improvement.
Although the noise levels from the premises achieve the noise criteria, the following measures can be
considered to attenuate noise further at the adjoining residence:
Car Park Noise (Kingsgate Drive frontage)
•
Fix additional palings to the approximately 1.5 m high fence adjoining the carpark at the front
of the premises. The palings should be offset to the existing ones such that the fence becomes
a solid acoustic barrier.
Patron Noise
• Remove all chairs/tables from the veranda facing Kingsgate Drive.
• Close the dining area windows on the Kingsgate Drive frontage when groups are using the
dining area.
The acoustic report is clearly able to demonstrate that the proposed use poses no adverse auditory impacts on
the surrounding properties and land uses.
5.5 Hours of Operation
Given the use approved for this site and the proposed decrease of scale and capacity, the existing hours of
operation are considered too restrictive and financially unviable. The proposed hours of operation for the small
take-away shop are listed below in Table 2.
Table 2: Proposed Hours of Operation.
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Opening 7:00AM 7:00AM 7:00AM 7:00AM 7:00AM 7:00AM 7:00AM
Closing 9:00PM 9:00PM 9:00PM 9:00PM 9:00PM 9:00PM 9:00PM
The proposed hours of operation are reasonable about the sufficient provision of existing carparking
infrastructure and the findings of the acoustic report.
The proposed hours of operation as per Table 2 reflect a change from the current use and hours of operation,
and pose no adverse impacts on the surrounding properties and land uses. The proposed hours of operation
permit the Shop to better serve the residents and tourists of the Hinterland surrounds.
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MCU to establish Retail Business – Type 2
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6. State Planning Interests
6.1 State Planning Regulatory Provisions
State planning regulatory provisions are state planning instruments that regulate development and can apply
to all or part of the state.
The following regulatory provisions are in effect:
State Planning Regulatory Provisions Comment
Draft Palm Island State Planning Regulatory Not applicable
Provision 2015 The site is not located within the Palm Island area.
Yeerongpilly Transit Oriented Development State Not applicable
Planning Regulatory Provision The site is not located within the Yeerongpilly
Transit Oriented Development area.
Draft amendment to the South East Queensland The subject site is located within the Regional
Regional Plan 2009-2031 State Planning Landscape and Rural Production Area (see Figure 5).
Regulatory Provisions
Guragunbah State Planning Regulatory Provision Not applicable
The site is not located within the Guragunbah area.
State Planning Regulatory Provision (adopted The Council’s Adopted Infrastructure Charges
charges) Resolution reflects these provisions.
Off-road motorcycling facility on State-owned land Not applicable
at Wyaralong The site is not located within the Wyaralong area.
State Planning Regulatory Provisions (Adult stores) Not applicable
The proposal does not include an adult store use.
South East Queensland Koala Conservation State Not applicable
Planning Regulatory Provisions
The site is not located within a Koala Assessable
Development area.
Queensland Housing Affordability Strategy, Not applicable
Greenfield land supply in South East Queensland The site is not identified within the Housing
Affordability Strategy.
6.2 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
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MCU to establish Retail Business – Type 2
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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
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.
Biodiversity Not applicable
The site does not include land that relates to a
matter of state environmental significance.
Coastal Environment Not Applicable
The site is not located within the coastal
management district.
Water Quality Not applicable
Emissions and hazardous activities Not applicable
State Transport Infrastructure Not applicable
The site is not located within 400m of a public
passenger transport facility or future public
passenger transport facility.
Strategic airports and aviation facilities Not applicable
The site is not located within proximity of a
strategic airport or aviation facility.
6.3 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 this self-assessable planning report.
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MCU to establish Retail Business – Type 2
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7. SEQ Regional Plan
The subject site is located within the Rural Living Area as determined by the South East Queensland Regional
Plan (Figure 5).
Figure 5. SEQ Regional Plan Land Use Category Map
Source: DSDIP online DA mapping
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MCU to establish Retail Business – Type 2
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8. Noosa Plan Considerations
8.1 Locality and Zone
The subject property is located in the Cooroy and Lake Macdonald Locality within the Rural Settlement Zone of
the Noosa Council. The following extracts are taken from the Cooroy and Lake Macdonald Locality Plan in Part 6
of the Noosa Plan 2016 and state the relevant overall outcomes for the Tewantin & Doonan Locality.
6.7.2 Overall outcomes for the Cooroy and Lake Macdonald Locality
(a) New uses and works are located, designed and managed to –
iii avoid significant adverse impacts on the amenity enjoyed by users of other premises,
including acoustic and visual qualities;
(c) Urban development is limited to land within the Urban Growth Boundary as shown
on Map ZM3;
bb) For the Rural Settlement Zone—detached housing on large lots—
i) is the dominant building form, to the general exclusion of other uses;
ii) incorporate designs that respond to, and are integrated with site characteristics
including slope and native vegetation;
iii) contribute to the rural or semi-rural character and amenity of the area;
iv) may be located in close proximity to working farms or other rural industries; and
v) offers a relaxed rural lifestyle for residents;
Comment: The existing development is of a scale which is fitting of its rural setting. The proposed take-away
shop provides the Hinterland community with a convenient and quality dining option outside of the closest
Business Centres of Tewantin and Cooroy.
The site is easily assessable to the community due to its proximity to the Hinterland’s road network. The built
form of the proposed use complements the scenic and environmental values of the locality and reflects the
distinct rural amenity of the Hinterland. Existing mature vegetation on site obscures the restaurant from view
and protects the acoustic and visual qualities of the locality.
Additionally, landscaping treatments have been incorporated to minimise adverse impacts of the use on
adjoining properties. The effectiveness of these treatments is demonstrated in the Acoustic Report (Appendix
A) prepared by RoadPro.
The proposed use of the site for a Retail use has been designated as not being inconsistent and as the use has
been an ongoing operation for more than 5 years there must be some recognition of this designation and the
outcomes proposed.
The reduction in size and limited evening operating hours will provide a positive response to the perceived issues
relating to amenity for adjoining residences. Additional improvements as suggested within the acoustic report
are proposed to be undertaken to further assist in managing these matters raised.
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MCU to establish Retail Business – Type 2
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8.2 Land Use Definition
The proposed development has been defined under the Noosa Plane 2016 as;
Primary Use: Business Uses
Use Class: Retail Business
Use: Type 2 Shop & Salon
– The use of premises for an activity that is generally found in a shopping complex, strip or centre. The use
includes a shop, hairdressing salon, appliance repairs, alterations, dry cleaning and a café with dining facilities
for up to 10 people.
Comment: As per discussions and guidance from Council representatives, the proposed development is for a
Retail Business – Type 2 Shop & Salon. The development is consistent with the above definition.
8.3 Level of Assessment
In accordance with the Assessment Table 6.7 for the Rural Settlement Zone in the Cooroy and Lake Macdonald
Locality, the development is identified as n o t inconsistent use and is subject to Impact Assessment.
8.4 Desired Environmental Outcomes
The proposed development has been assessed against the relevant Desired Environmental Outcomes as
detailed in Part 3 of the Noosa Plan 2016.
DEO: COMMERCIAL & RETAIL USES
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:-
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;
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;
Comment: The proposed Retail Business - Type 2 Shop & Salon (Orange on Sunrise) is a restaurant (take-away)
which caters predominantly to the neighbouring local communities of Tinbeerwah, Doonan, and surrounds. The
proposed use provides an alternative shop and take-away facility for the Hinterland residents and visitors.
The long existing shop on the site has been retrofitted to create a take-away shop that is reflective of the rural
scale and character of the community. The proposed development provides an informal atmosphere and
positively contributes to the natural low-key outdoor appeal of Noosa and its Hinterland.
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DEO: COMMUNITY USES & FACILITIES
An adequate range of community services and facilities supporting the physical, safety, artistic and social
needs of the community are equitably distributed having regard to the—
i) location and density of housing;
ii) location of transport infrastructure;
iii) location of business centres;
iv) social, economic and demographic patterns of Noosa; and
v) function of towns and villages.
Comment: Beyond the Business and Neighbourhood Centres of Cooroy, Tewantin, and Eumundi, there are no
restaurant and/or take-away shops within the local catchment of the Tinbeerwah and Doonan surrounds.
The proposed Retail Business - Type 2 Shop & Salon (Orange on Sunrise) services these Hinterland communities.
The location of the proposed use is highly accessible due to its proximity to the major neighbourhood transport
corridors of Cooroy Noosa Road and Sunrise Road. The nature of the proposed development is in keeping with
the character and atmosphere of the community. The success of the existing non-conforming use is evidence of
the use being supported by the resident Hinterland population. The restaurant is a favourite of the local
population and promotes the values of Noosa
DEO: TOURISM
A tourism industry is development and sustained which—
i) is based on Noosa’s natural assets including the subtropical climate, the beaches, watercourses and
foreshores, and the National Parks and bushland;
ii) fosters an appreciation and understanding of heritage;
iii) focuses on the coastal localities of Noosa Heads, Noosaville, Sunshine Beach and Peregian Beach,
but provides complementary rural visitor accommodation;
iv) offers visitors a range of experiences and accommodation types;
v) contributes to the economic wellbeing of Noosa; and
vi) achieves ecological, economic and social sustainability.
Comment: The proposed Retail Business - Type 2 Shop & Salon (Orange on Sunrise) is a restaurant (take-away)
which caters predominantly to the neighbouring local communities of Tinbeerwah, Doonan, and surrounds.
The development not only contributes to the economic wellbeing of Noosa but also provides residents and
visitors to the area an alternative venue which is reflective of the rural scale and character of the community.
Orange on Sunrise provides an informal atmosphere and positively contributes to the natural low-key outdoor
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appeal of Noosa and its Hinterland.
8.5 Applicable Development and Overlay Codes
The following Codes are applicable to the proposed development:
• Business Uses Code
• Tewantin & Doonan Locality Code
• Natural Hazards Overlays Code – Bushfire & Landslide
• Advertising Devices Code
• Building Removal, Relocation and Demolition Code
• Building Works Code
• Detached House Driveways Code
• Driveways and Carparking Code
• Earthworks Code
• Erosion and Sediment Control Code
• Existing Services Code
• Landscaping Code
• Transport, Roads and Drainage Code
• Waste Management Code
• Water Sensitive Design Code
• Watercourses Works Code
Comment:
Where probable solutions are not met, an alternative solution demonstrating compliance with the specific
outcome is provided below, including sufficient planning grounds to justify the conflicts with the probable
solutions.
8.5.1 Business Uses Code
Comment: The proposed small restaurant has been assessed and is consistent with the specific outcomes
outlined in Tables 14-8 and 14-10 of the Business Uses Code. The site is highly accessible and well presented to
the road (Kingsgate Drive). The site’s mature vegetation obstructs the building mass and adds to the Hinterland
streetscape. Existing landscaping treatments maintain a satisfactory level of acoustic and visual amenity for
surrounding properties. The outdoor dining has been designed and positioned as to protect patrons and adds to
the low-key appeal and values of the locality.
8.5.2 Cooroy and Lake Macdonald Locality Code
Comment: The proposal is consistent with the specific outcomes outlined in Table 6.12 of the Tewantin &
Doonan Locality Code. Whilst the existing restaurant use is identified as an inconsistent uses in the Rural
Settlement Zone, the proposed development is deemed to be not inconsistent with the overall outcomes for the
Cooroy and Lake Macdonald Locality. The landscape character and visual amenity of the Hinterland is retained
by the proposed development. The long existing shop on the site has been retrofitted to create a take-away shop
that is reflective of the rural scale and character of the community.
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8.5.3 Natural Hazards Overlays Code
Comment: The Natural Hazards Overlay applicable to the existing development is the Very High Potential
Bushfire Intensity. The development achieves the specific outcomes of the Natural Hazards Code as contained
within Table 13-33. The northern boundary of the site has previously been cleared of vegetation and is where
the existing structures are located. Sufficient setbacks from hazardous vegetation have been achieved. The site
has two points of access via Sunrise Road and Kingsgate Drive, permitting direct and effective access is the case
of an emergency. Where appropriate, bushfire risk mitigation treatments have been accommodated. No
additional structures or increase in use area are proposed.
8.5.4 Advertising Devices Code
Comment: The proposal is consistent with the specific outcomes outlined in Table 14-46 of the Advertising
Devices Code. Located on the northern boundary (corner of Kingsgate Drive and Sunrise Road) is an existing sign.
The sign presents minimal visual clutter and does not adversely impact on the visual amenity of the surrounding
rural residential aesthetic. No additional external signage is proposed. Internal and way finding signage will be
designed and positioned as to not adversely impact on surrounding uses.
8.5.5 Building Removal, Relocation and Demolition Code
Comment: The proposal is consistent with the specific outcomes outlined in Tables 14-42 and 14-43 of the
Building Removal and Demolition Code. No building removal, relocation or demolition is proposed.
8.5.6 Building Works Code
Comment: The proposal is consistent with the specific outcomes outlined in Tables 14-44, 14-45, 14-46 and 14-
47 of the Building Works Code. The current nonconforming use and the proposed small take-away restaurant
operate from an existing building. No changes to the building set-back, utilities or site infrastructure, built form
or gross floor area are proposed. The existing building complements the rural amenity of the locality.
8.5.7 Detached House Driveways Code
Comment: An assessment of the applicable codes as outlined
8.5.8 Driveways and Carparking Code
Comment: The development achieves the minimum vehicle parking requirements (Table 14-51) and associated
manoeuvring areas for the use of the site as a Retail Business - Type 2 Shop & Salon. The on-site infrastructure
is safe and functional and has been previously approved as part of 3B-221, and provides adequate space for
service vehicles. The run off and drainage from the provided carparking and manoeuvring areas are treated on
site through the present dense vegetation surrounding the site.
8.5.9 Earthworks Code
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Comment: The existing development achieves the specific outcomes of the Existing Services Code as contained
within Table 14-52. The proposed take-away restaurant will use the existing premises and no earthworks or
disturbance of current drainage methods are proposed.
8.5.10 Erosions and Sediment Control Code
Comment: The development achieves the specific outcomes of the Erosion and Sediment Control Code as
contained within Table 14-53. As the application is to use the existing premises with no external works proposed,
all of the Specific Outcomes have been met. The run off and drainage from the restaurant and associated areas
are treated via the existing vegetation on the site.
8.5.11 Existing Services Code
Comment: The existing development achieves the specific outcomes of the Existing Services Code as contained
within Table 14-54. As the application is to use the existing premises with no external works proposed, all of the
Specific Outcomes have been met.
8.5.12 Landscaping Code
Comment: The proposal has been assessed against the specific outcomes of the Landscaping Code as contained
within Table 14-55. The existing and well established vegetation and landscaping treatments reflects the natural
landscape character of the Hinterland locality. Mature vegetation provides adequate privacy between adjoining
land uses and shelters the restaurant patrons from the light and noise associated with the nearby road. The
current landscaping treatments soften the visual impact of the existing premises and created a pleasant setting
for patrons and staff. Landscaping to both the staff and patron car parks provides a screening perimeter which
minimises the any noise and light associated with the small restaurant with take-away facilities. The existing
vegetation also acts to contain the run-off from these spaces.
8.5.13 Transport, Roads and Drainage Code
Comment: The development achieves the specific outcomes of the Transport, Roads and Drainage Code as
contained within Table 14-58 and 14-59. Due to the scale of the take-away restaurant, the development poses
no adverse impacts on the Hinterland landscape or adjoining land uses with regard to increased traffic. The site
is well connected with the major transport links of Cooroy Noosa Road and Eumundi Noosa Road nearby.
8.5.14 Waste Management Code
Comment: The development achieves the specific outcomes of the Waste Management Code as contained
within Table 14-60. All Specific outcomes have been achieved. Due to the scale of the take-away restaurant with
seating for 10 persons, the associated waste can be adequately treated by the existing infrastructure located on-
site.
8.5.15 Water Sensitive Design Code
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Comment: The development achieves the specific outcomes of the Water Sensitive Design Code as contained
within Table 14-61. Run-off is treated and managed on site by way of the existing dense vegetation on site. No
disturbance of the naturally forming and designed water treatment methods is proposed.
8.5.16 Watercourses Works Code
Comment: The site is not located in a tidal area and the proposal does not include any structures or operational
work associated with tidal areas. The Watercourses Works Code is not applicable to this proposal.
8.6 Relevant Planning Scheme Policies
The planning scheme policy applicable to the proposed use is Policy 14— Outdoor Dining. The proposal has
been assessed against the matters for consideration as detailed in Policy 14. The proposed take-away shop will
have seating for 10 persons.
The architectural plans (Appendix B) prepared by Zest design illustrates the location of the dining areas. This
seating has been constructed as to protect the patrons from the elements and is in keeping with the character
and amenity of the Hinterland surrounds.
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9. Conclusions
As per Noosa Council’s advice (PLM16/0029) this planning report has been prepared to determine if the
proposed use meets the intent and code requirements of the Planning Scheme. This report demonstrates that
the proposed take-away shop (Orange on Sunrise) with seating for 10 persons is permitted under the Sustainable
Planning Act 2009 and the Noosa Plan.
A Material Change of Use of Premises for a Retail Business - Type 2 Shop & Saloon, located at 1 Kingsgate Drive,
Tinbeerwah, is an impact assessable development within the Rural Settlement Zone under the Noosa Plan 2016.
The planning report demonstrates compliance with the applicable state and local planning provisions including
the Noosa Plan’s Desired Environmental Outcomes. The proposed Retail Business - Type 2 Shop & Salon can be
supported on a number of grounds which include:
The development complies with the intent of the Noosa Plan 2016 and Desired Environmental
Outcomes.
The development is consistent with the overall outcomes for the Cooroy and Lake Macdonald Locality.
The use was established in response to the overwhelming need from the Hinterland community for a
quality restaurant within close proximity.
The current Planning Scheme is too restrictive and does not reflect the current and future needs of the
community
The proposed Use area of 99m2 is a reduction of approximately 75% of the current nonconforming
restaurant use.
The Acoustic Report demonstrates that the current and proposed use complies with the relevant noise
standards and creates no adverse auditory impacts on the surrounding properties and land uses.
No changes to the external built form of the annexed dwelling are proposed; and
The scale and nature of the development is responsive to the site’s Hinterland location and setting;
As advised by Council representatives, in order to formalise the current nonconforming use a Material Change
of Use to establish a shop with seating for 10 persons and take-away facilities is required. To ensure a compliance
with the proposed Retail Business – Type 2 Shop & Salon definition an approximate 75% reduction in the scale
and capacity of the current nonconforming restaurant use.
As the proposal is consistent with the Desired Environmental Outcomes and the overall outcomes sought for the
locality and zoning, approval of the Retail Business – Type 2 (Orange on Sunrise) with reasonable and relevant
conditions is recommended.
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APPENDIX A
Acoustic Report
MATERIAL CHANGE OF USE TO ESTABLISH RETAIL
BUSINESS – TYPE 2 SHOP & SALON
1 KINGSGATE DRIVE, TINBEERWAH described as Lot 63
on RP200339
Applicant: Margaret McFarland
Prepared By: RoadPro
Date: November 2016
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APPENDIX B
Architectural Plans
MATERIAL CHANGE OF USE TO ESTABLISH RETAIL
BUSINESS – TYPE 2 SHOP & SALON
1 KINGSGATE DRIVE, TINBEERWAH described as Lot 63
on RP200339
Applicant: Margaret McFarland
Prepared By: Zest Design
Date: November 2016
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APPENDIX C
Approved Plans – 3B-221
MATERIAL CHANGE OF USE TO ESTABLISH RETAIL
BUSINESS – TYPE 2 SHOP & SALON
1 KINGSGATE DRIVE, TINBEERWAH described as Lot 63
on RP200339
Applicant: Margaret McFarland
Date: November 2016
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