Planning Report

                                                                             MCU to establish Retail Business – Type 2
                                                                                        1 Kingsgate Drive, Tinbeerwah




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.




                                                                                                                  25
ORA VER 1 151116