Planning Report

                                                                            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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