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Noosa Blue Planning Report - MCU Application - 100216

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Town Planning Report

MATERIAL CHANGE OF USE TO ESTABLISH
ENTERTAINING AND DINING BUSINESS – TYPE 1 FOOD
AND BEVERAGES AND TYPE 2 RECREATION,
AMUSEMENT AND FITNESS


Noosa Blue Resort situated at 16 Noosa Drive, NOOSA HEADS
described as Lot 208 AND 302 on SP120748




Applicant: NOOSA BLUE MANAGEMENT


Date: FEBRUARY 2016
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Page 2

                                                                                                                                     MCU Application
                                                                                                               Noosa Blue Resort, Noosa Heads

                                       MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)



1.         Summary ............................................................................................................... 4
2.         Application Information ........................................................................................... 6
3.         Development Intent ................................................................................................ 7

4.         Characteristics of Site and Surrounds .......................................................................... 8
     4.1   Site Characteristics ....................................................................................................... 8
     4.2   Surrounding Area Land Uses ........................................................................................... 8

5.         Proposed Development Details .................................................................................. 9
     5.1   Application Type .......................................................................................................... 9

     5.2   Access and Parking ..................................................................................................... 11
     5.3   Landscaping .............................................................................................................. 11

     5.4   Servicing ................................................................................................................... 11
6.         Statutory Town Planning Assessment ........................................................................ 11
     6.1   Sustainable Planning Act 2009 ...................................................................................... 11

     6.2   State Planning Regulatory Provisions.............................................................................. 12
     6.3   State Planning Policy ................................................................................................... 13

     6.4   State Development Assessment Provisions ...................................................................... 13
     6.5   Referral .................................................................................................................... 13

7.         SEQ Regional Plan ................................................................................................. 13

8.         Noosa Planning Scheme Considerations ..................................................................... 14
     8.1   Land Use Definition .................................................................................................... 14

     8.2   Locality and Zone ....................................................................................................... 14

     8.3   Applicable Development and Overlay Codes .................................................................... 15
           8.3.1 Business Use Code ............................................................................................ 15
           8.3.2 Driveways and Carparking Code .......................................................................... 16

9.         Conclusion ........................................................................................................... 17

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                                                                                                                 MCU Application
                                                                                               Noosa Blue Resort, Noosa Heads

                                     MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)




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 purpose of Noosa Blue Management Trust (“Client”) for the specific purpose of
making a Development Application (“Purpose”). This report is strictly limited to the purpose, and the facts and matters
stated in it, and does not apply directly or indirectly to and should 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 Application
                                                                                             Noosa Blue Resort, Noosa Heads

                                     MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)




1.           Summary
Noosa Blue Management Pty Ltd have engaged RG Strategic to prepare and lodge a Material Change of Use (Impact
assessable application) to seek a development permit for the following uses at 16 Noosa Drive, Noosa Blue Resort, Noosa
Heads, from the current approved uses as Pool Café (for onsite guests) and Conference / Function Centre to:

        Entertainment and dining business Type 1 – Food and beverages – (Little Fox Café); and
        Entertainment and dining business Type 2 - Recreation, amusement and fitness (Yoga Studio and Indoor
         Recreation).
The subject site is Noosa Blue Resort, 16 Noosa Drive Noosa Heads with a Real Property Description of SP 120748, Lot 208
associated with the Conference / Function space, and Lot 302 relating to the Pool Café.

The proposed development of this site constitutes ‘development’ as defined by Section 7 of the Sustainable Planning Act
2009. The proposal is deemed inconsistent impact assessable development under the provisions of the Noosa Plan 2006
and the Sustainable Planning Act 2009.

The proposal involves the following:

             Establishment of a Yoga Studio / Indoor Recreation within the existing space of the Conference / Function
              room;
             The existing restaurant which is defined within the existing approval as a Pool Bar for in-house guest use, to
              be operated as a restaurant enabling external customers to the site to access;
             No external change to the existing approved building;
             104 existing car parking spaces are provided on 2 levels, meeting the Code’s requirement for provision of
              parking; and
             Connectivity to the site for patrons, with an established road, pathway network and ready access to public
              transport.
The proposed changes do not increase site cover, GFA or use area on the property. The changes are to the existing uses to
better accommodate and respond to market and economic trends.
The proposal is consistent with the general provisions for the Noosa Heads Locality and Attached Housing Code in that it:

             is compatible and complementary with the other uses on site;
             avoids significant adverse impacts on the amenity enjoyed by users of other premises, including acoustic and
              visual qualities through low key uses, reasonable hours of operation and sound management practices;
             maintains Noosa Heads as the primary focus for visitor accommodation;
             provides visitor accommodation that has high levels of convenience, accessibility and services though the
              introduction of the yoga studio / indoor recreation;
             results in a building scale that requires no external alterations, so maintains a high level of amenity, design
              quality and safety; and
             respects the scale of the surrounding development.

This report also provides greater detail on 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:

             the basic details of the application as extracted from certain parts of the IDAS application forms;
             proposal development intent;
             description of the characteristics of site and surrounds; and
             proposed development details.

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                                                                                                            MCU Application
                                                                                           Noosa Blue Resort, Noosa Heads

                                    MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)



The key grounds in support of an approval of this application include:

            The proposed development is generally consistent with the desired environmental outcomes;
            The proposal complies with the Planning Scheme Codes or can be conditioned where necessary;
            Alignment with relevant elements of the Strategic Framework and Community Vision elements that are
             considered relevant.
            The uses would not be considered “incompatible development” as it would be reasonable to expect within the
             existing locality these uses would exist;
            Sufficient and adequate parking is available to meet the Code’s requirements;
            Management controls will inhibit and manage any potential impacts on amenity from noise or light;
            The uses are complementary and are expected within a precinct that is dominated with visitor
             accommodation;
            If the resort application was to be lodged now with the proposed uses it would be reasonable to accept that
             these uses within a complex such as Noosa Blue, would be approved;
            The Yoga Studio / Indoor Recreation use is defined with the same Primary Use and Use Class definition as the
             previous use of Conference / Function room, which relied on external customers visiting the site attending
             events;
            The Pool bar use as a restaurant for external guests is a reasonable expectation for guests of other properties
             within the Attached Housing zone in the proximity of the proposal; and
            The proposed café use will not directly impact on any existing premises as it is considered appropriate for
             filling the casual dining need that presently does not exist within the Noosa Hill precinct.



In our opinion, the proposal has considerable town planning merit and should be supported, subject to reasonable and
relevant conditions.

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                                                                                                      MCU Application
                                                                                     Noosa Blue Resort, Noosa Heads

                              MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)




2.         Application Information
SITE DETAILS

Address                           Noosa Blue Resort, 16 Noosa Drive Noosa Heads

Real Property Description         Lot 208 and Lot 302 on SP 120748

Local Authority                   Noosa Shire Council

Registered Landowner              Noosa Blue Management Pty Ltd

Current Approval / Use            Visitor Accommodation Type 4

Proposed Use                      Entertainment and dining business Type 2 - Recreation, amusement
                                  Entertainment and dining business Type 1 – Food and beverages

PLANNING SCHEME DESIGNATIONS

Planning Scheme                   The Noosa Plan 2006

Locality                          Noosa Heads

Zone                              Attached Housing

Overlays and Relevant Codes      Noosa Heads Locality Code
                                 Attached Housing Zone Code
                                 Business Uses Code
                                 Driveway and Carparks Code

APPLICATION DETAILS

Applicant                         Noosa Blue Management Pty Ltd C/O RG Strategic

Application Type                  Development Permit for Material Change of Use

Proposal                          Yoga Studio / Indoor Recreation
                                  Restaurant

Level of Assessment               Impact

Referrals                        N/A

PROJECT TEAM

Town Planning                    RG Strategic

Architecture                     RG Strategic

Page 7

                                                                                                                MCU Application
                                                                                               Noosa Blue Resort, Noosa Heads

                                     MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)

3.           Development Intent
The proposal seeks to establish two new uses on the site within existing buildings and spaces, with no external works
proposed:

             A Yoga Studio / Indoor Recreation use within the current approved area of the Conference / Function Centre;
              and
             A Restaurant use within the existing Pool bar.
The Yoga Studio is proposed to provide classes to both Hotel guests and members of the public, 7 days per week
commencing at 6.00am. The classes will be a maximum of 30 clients with one staff member facilitating the classes. Access
and parking is available directly from the Level 1 car parking area where 29 spaces are available.
The Restaurant is presently trading as the Pool Bar with both an approved NSC Food Premise Licence and OLGR Licence. It
is proposed to create a vibrant café that will provide fresh, locally produced food for a mixed clientele of locals and tourists.
No increase in dining area is proposed than presently exists within the pool bar. No internal or external changes are
proposed.
Both proposed uses do not require any external changes to the built form with all works being internal modifications. As
such there will be no increase in GFA, or site cover.




                                         Figure 1. Noosa Blue Entrance and Reception

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                                                                                                             MCU Application
                                                                                            Noosa Blue Resort, Noosa Heads

                                     MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)




4.        Characteristics of Site and Surrounds
4.1       Site Characteristics
The land / subject of this application (i.e. the site) is located at 16 Noosa Drive, Noosa Heads, described as Lot 208
(Conference / Function Centre) and 302 (Little Fox Café) on SP120748. The site is on the western side of Noosa Drive at the
crest of Noosa Hill overlooking to the north, Noosa Main Beach and Laguna Bay. There are also views to the west of the
Noosa River system and hinterland.
The site has access to all services and required infrastructure.
The map below indicates the site location.




                                                 Figure 2. Site Location Map




4.2       Surrounding Area Land Uses
Adjoining properties within the locality are focussed on Visitor Accommodation with Noosa Crest, Noosa International, and
Rise Apartments as just some of the holiday apartments within the locality.

Directly opposite is the Reef Hotel which has an OLGR licence which enables late trading within its night club. To the south
on Noosa Drive is Nomads Backpackers which also has a late night licensed venue. Diagonally opposite is the Noosa
International Resort which previously has had a restaurant and pool bar that serviced in-house guests along with members
of the public.

The mix of accommodation options surrounding Noosa Blue is predominantly visitor accommodation choices with some
resorts having a small percentage of permanent tenants.

Noosa Drive is a popular pedestrian thoroughfare moving between Noosa Junction and Hastings St, particularly late of an
evening as patrons move from one licensed venue to the next as operating hours dictate.

Page 9

                                                                                                             MCU Application
                                                                                            Noosa Blue Resort, Noosa Heads

                                    MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)


It is clear from the surrounding land use survey that the Noosa Hill locality has, and already supports, a range of uses that
sit in potential conflict with the Attached Housing Designation.




                                            Figure 3. Noosa Council Zone Map



5.        Proposed Development Details

5.1       Application Type
In accordance with the relevant provisions of the Sustainable Planning Act 2009, this application seeks a Development
Permit for Material Change of Use for an Entertainment and Dining Business Type 1 – Food & Beverages (Little Fox Café)
and, Entertainment and Dining Business Type 2 – Recreation, amusement and fitness (Yoga Studio and Indoor Recreation).

Both uses are inconsistent within the Attached Housing Zone and the application required is Impact Assessable.

A pre-lodgement meeting was held with Council officers where staff indicated key areas to address within the planning
report were matters associated with car parking, noise and amenity.

Page 10

                                                                        MCU Application
                                                       Noosa Blue Resort, Noosa Heads

MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)




              Figure 4. Little Fox Cafe




                                                                                 Figure
                  5. Little Fox Cafe

Page 11

                                                                                                           MCU Application
                                                                                          Noosa Blue Resort, Noosa Heads

                                   MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)




5.2       Access and Parking
Planning approval 12509 TC Multiple Dwelling 64 Units, Conference facility and vehicle hire premises required the provision
of 102 covered car parking spaces and 2 uncovered, a total of 104. These parking spaces are provided for over two levels
with 29 spaces on Level 1 and 73 provided for on the basement level. The 2 uncovered spaces are provided adjacent to the
main entrance of Noosa Drive.
The application has been assessed against the provisions contained within the Driveways and Carparking Code and complies
with Table 14.115 Minimum Parking Requirements.


5.3       Landscaping
Landscaping has been planted generally in accordance with the Operational Works approval 15840 DA Landscaping. The
landscaping has matured and provides a visual break between the street frontage and the main entrance.


5.4       Servicing
The waste storage area is within the underground parking. Servicing is provided for removal and recycling of production
waste and material. A reduce, reuse, recycle approach has been implemented to minister waste production.

Water and Sewage infrastructure is provided with no additional requirements or impacts on the existing infrastructure.


6.        Statutory Town Planning Assessment

6.1       Sustainable Planning Act 2009
The Sustainable Planning Act 2009 (the Act) provides the overall statutory planning framework for Queensland. The subject
site is located within the local government boundaries of the Noosa Council area. As such, the site is subject to the
provisions contained in the Noosa Plan (the planning scheme).
Based on the relevant provisions of the planning scheme the proposed development requires Impact Assessment. Those
matters which the Assessment Manager must have regard to when assessing the development application are set out in
section 314 of the Act.
At the time of lodging the development application, the common material comprises the following:

        the duly completed IDAS forms;

        the proposal plans; and

        this town planning report and appended specialist reports.

Page 12

                                                                                                             MCU Application
                                                                                            Noosa Blue Resort, Noosa Heads

                                     MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)




6.2       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 amendment to the South East Queensland                The site is included with the Urban Footprint.
 Regional Plan 2009-2031 State Planning Regulatory           Assessment against the regulatory provisions is not
 Provisions                                                  applicable.

 Guragunbah State Planning Regulatory Provision              Not applicable
                                                             The site is not located within the Guragunbah area.

 State Planning Regulatory Provision (adopted charges)       The Council’s Adopted Infrastructure Charges Resolution
                                                             reflects these provisions and which will be applied to
                                                             the development.

 Yeerongpilly Transit Oriented Development State             Not applicable
 Planning Regulatory Provision                               The site is not located within the Yeerongpilly Transit
                                                             Oriented Development area.
 Off-road motorcycling facility on State-owned land at       Not applicable
 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              While the site is located within a Koala Assessable
 Planning Regulatory Provisions                              Development area the site is mapped as ‘low value
                                                             rehabilitation’ habitat area and assessment against the
                                                             regulatory provisions is not applicable.

Page 13

                                                                                                               MCU Application
                                                                                              Noosa Blue Resort, Noosa Heads

                                      MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)




6.3       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
 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 a
                                                           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.


6.4       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.


6.5       Referral
No Referrals apply to this application.


7.        SEQ Regional Plan
The subject site is located within the Urban Footprint of the South East Queensland Regional Plan. The proposed use is
consistent with the SEQ Regional Plans intent for the urban footprint.

Page 14

                                                                                                           MCU Application
                                                                                          Noosa Blue Resort, Noosa Heads

                                   MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)




8.        Noosa Planning Scheme Considerations

8.1       Land Use Definition
The proposed development of the Yoga Studio / Indoor Recreation use has been defined under the Noosa Plan as:

Primary Use: Business use

Use Class: Entertainment and dining business - means accommodation that is designed and predominantly used for visitors
to the Shire and where social, recreational and dining services may be provided for visitors by owners or staff. The term
includes the following types:

Use: Type 2 Recreation, amusement and fitness - The use of premises involving recreation or amusement activities,
including cinema, health & fitness club, gym, sport activity or brothel.

Comment: The proposed use will be developed in accordance with the above definition.

The proposed development of the Restaurant use has been defined under the Noosa Plan as;

Primary Use: Business use

Use Class: Entertainment and dining business - means accommodation that is designed and predominantly used for visitors
to the Shire and where social, recreational and dining services may be provided for visitors by owners or staff. The term
includes the following types:

Use: Type 1 Food and beverages - The use of premises involving the sale of food and beverages for consumption on the
premises. The use class includes a function room or restaurant or café with dining facilities for 10 or more people.

Comment: The proposed use will be developed in accordance with the above definition.


8.2       Locality and Zone

8.2.1     Noosa Heads Locality Plan – Overall Outcomes

Comment: The subject site is located in the Noosa Heads locality within the Attached Housing Use Zone of the Noosa
Council. The proposal has been assessed against the overall outcomes for the Noosa Heads Locality (as set out in section
9.8.2 of the planning scheme) and is found to be consistent.


8.2.2     Noosa Heads Locality Plan – Specific Outcomes

Comment: An assessment has been undertaken against the specific outcomes of the Noosa Heads Locality Plan. The
proposal does comply with the Probable Solutions, for the Noosa Heads Locality (as set out in Table 9.11 of the planning
scheme) and is found to be consistent.

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                                                                                                             MCU Application
                                                                                            Noosa Blue Resort, Noosa Heads

                                    MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)



8.2.3     Noosa Heads Locality Plan – Specific Outcomes for the Attached Housing Zone
Comment: An assessment has been undertaken against the specific outcomes of the Attached Housing Zone. The proposal
does comply with the Probable Solutions for the Attached Housing Zone (as set out in Table 9.14 of the planning scheme)
and is found to be consistent against all Specific Outcomes except Specific Outcome O40.

Entertainment and Dining Business Type 1 & Entertaining Business Type 2 uses are identified as an inconsistent use in
Specific Outcome O40. As discussed in previous sections there are sufficient grounds to justify the approval of these uses
on this site.


8.3       Applicable Development and Overlay Codes
This section of the report summarises any issues encountered during an assessment of the proposed development against
each of the following codes which are relevant to the proposed uses within the existing building:

       Business Use Code;
       Driveways and Carparking Code.
Comment: The proposed development has been assessed against the relevant specific outcomes and probable solutions
for the Use Zone Codes listed above.

This code assessment has determined that the proposal generally complies with all probable solutions and specific
outcomes. Where probable solutions are not met, an alternative solution demonstrating compliance with the specific
outcome is provided below, this includes sufficient planning grounds to justify the conflicts with the probable solutions.


8.3.1     Business Use Code
Comment: The proposal generally complies with the applicable provisions of this code. The following points from the
assessment are considered important to note:
     The proposed uses are compatible with the existing character and amenity of the streetscape and surrounding
       area.
     The restaurant presently exists and operates to in-house guests with no increase proposed to indoor or outdoor
       space.
     The Yoga Studio / indoor recreation will use the existing function centre space.
     The previous approval relating to the function centre acknowledged that external guests would attend the site and
       car parking provisions were provided for.
     The opportunity for external guest to arrive will not see an increase on the capacity of use areas of either operation.
     The only change to occur is the point of origin of the guests. Rather than all customers and participants being in-
       house, some of the customers may now arrive along the established footpath network, by public transport which
       is located directly outside the café or they may park on site with the adequate car parking available.
     The uses proposed will not provide detrimental impacts on amenity due to the nature of their use. The yoga centre
       will operate in a manner of very limited noise due to the nature of how yoga is undertaken. The café presently
       exists and operates to in-house guests without any impacts due to café and onsite management operational
       procedures.
     The precinct in which Noosa Blue Resort operates is between the Visitor Mixed Use Zone of Hastings St and the
       Business Centre Zone of Noosa Junction. Noosa Parade is the conduit between the Reef Hotel, Nomads Backpackers
       and the Koala Bar, and previously Noosa International restaurant. The Noosa Parade presentation of the Attached
       Housing Zone is different of that of the other surrounding areas insofar that the proposed uses, whilst in conflict
       with the specific outcome of the business use code, are such that there is sufficient planning merit to overcome
       the conflict.

Page 16

                                                                                                            MCU Application
                                                                                           Noosa Blue Resort, Noosa Heads

                                    MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)


8.3.2     Driveways and Carparking Code
Comment: The proposal complies with the applicable provisions of this code. The following table details the uses and codes
requirements in regards to provision of carparking as listed with Table 14-51 Minimum vehicle parking requirements. The
table clearly demonstrates the compliance with the code.
Contained within Appendix C is carparking data which was captured over a 1-month period including the peak period of the
Noosa Triathlon. This data confirms that the existing parking provisions has sufficient capacity to meet the expected demand
of the proposed uses.


 Use                            Carparking Rate                                       Spaces provided        Complies
 64 accommodation units         1 space per accommodation unit, and                             64               Yes
                                1 additional space per 10 accommodation units                    7

 Vehicle Hire                   1 space per 3 vehicles available for hire (28                    9               Yes
                                vehicles), and
                                1 wash bay                                                       1

 Yoga Studio / Indoor           1 space per 20m2 of use area (187m2)                            10               Yes
 Recreation

 Restaurant                     1 space per 10m2 of use area and outdoor                        10               Yes
                                dining area (100m2)

 Total                                                                                         101               Yes

 Planning Approval 12509                                                                       104
 TC 01/06/1998

Page 17

                                                                                                            MCU Application
                                                                                           Noosa Blue Resort, Noosa Heads

                                   MCU to establish Industrial Business (Type 2 Production, alteration, repackaging and repairing)




9.          Conclusion
The above development application has been submitted to the Noosa Shire Council as the Assessment Manager of the
application under the Sustainable Planning Act 2009.

This application seeks a Development Permit for a Material Change of Use of Premises for Entertainment and Dining
Business – Type 1 Food and Beverage and Entertainment and Dining Business – Type 2 Recreation, amusement and fitness
located at 16 Noosa Drive, Noosa Heads which is an impact assessable development within the Attached Housing Zone
under the Noosa Plan 2006.

The planning report, attachments and appendices demonstrate the compliance with the applicable State and Local planning
provisions.

This application can be supported as there are sufficient grounds which include:

            The proposed development is generally consistent with the Desired Environmental Outcomes;
            The proposal complies with the Planning Scheme Codes or can be conditioned where necessary;
            Alignment with relevant elements of the Strategic Framework and Community Vision elements that are
             considered relevant.
            The uses would not be considered “incompatible development” as it would be reasonable to expect these uses
             would exist within the existing locality;
            Sufficient and adequate parking is available to meet the Code’s requirements;
            Management controls will inhibit and manage any potential impacts on amenity from noise or light;
            The uses are complementary and are expected within a precinct which is dominated with visitor
             accommodation;
            If the resort application was to be lodged now with the proposed uses it would be reasonable to accept that
             these uses would be approved within a complex such as Noosa Blue;
            The Yoga Studio / Indoor Recreation use is defined with the same Primary Use and Use Class definition as the
             previous use of Conference / Function room, which relies on external customers visiting the site or attending
             events;
            The Pool bar use as a restaurant for external guests is a reasonable expectation for guests of other properties
             within the Attached Housing zone in the proximity of the proposal; and
            The proposed restaurant use will not directly impact on any existing premises as it is considered appropriate
             for filling the casual dining need that presently does not exist within the Noosa Hill precinct.

In our professional opinion, the proposal has considerable town planning merit and should be supported, subject to
reasonable and relevant conditions.

The supporting record

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