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Perky Turkey - Change Application

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10th November 2021

Our Ref: 002360

Noosa Shire Council
The Chief Executive Officer
9 Pelican Street
Tewantin QLD 4565
Via email: [email protected]



ATTENTION: Planning and Development Assessment

Lodgement of Other Change Application - Request for a Change to the Conditions specified within the
Decision Notice

195 Weyba Road Noosaville Qld 4566
Lots 0, 1 and 2 on BUP 102401



Good Day,

In relation to the abovementioned property, on behalf of Stay Property Group, we hereby submit an Other
Change Application in accordance with s.78 of the Planning Act 2016.

Please find enclosed the following documentation to facilitate Council’s assessment of the submission:

          • DA Forms 1 and 5,
          • Certificate of Title and signed Landowners’ Consent,
          • Appendix A: Proposed Architectural Plans, and
          • Appendix B: Existing Council Approved Plans.


1. Background

The site at 195 Weyba Road, Noosaville, known as SEVEN FLAGS, has historically been used for a range of
uses including a shop, restaurant and office uses. The following is a list of the approvals previously granted
over the site:

    •   Indoor Entertainment – Tourist Information Centre, approved in July 1977 (TPC 672 - Lapsed).

    •   Refreshment Service – Addition to Existing Tourist Information Centre, approved in February 1984 for
        (TPC 1621 - Lapsed).

    •   The site was rezoned from Special Facilities (Tourist Information Centre) to Special Facilities
RG Strategic                                                         PO Box 1818        07 5474 3873
                                                                     Noosa Heads        [email protected]
                                                                     QLD 4567           rgstrategic.com.au
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         (Restaurant 161 m² and General Store 100 m²) on 13 April 1989 (R274).

    •    The site was approved as a General Store and Restaurant on 7 December 1989 (DNA 175).

    •    January 1994 Council approved Additions to an Existing General Store and Restaurant for a new
         roof (TPC 2589).

    •    Noosa Council approved the use of the site for Commercial Business Type 1 Office on 7 May 2020
         (MCU20/0002). 4 car parking spaces and 4 motorcycle spaces was approved on site.

A copy of the existing Decision Notice and Approved Plans from 2020 are enclosed within Appendix B.

The applicant proposes a minor reconfiguration to the existing ground floor office area to permit the
establishment of a small coffee shop (Food and Drink Outlet – Perky Turkey).




1.1 Engagement with Council Officers

RG Strategic has previously engaged with Noosa Council in regard to a fee reduction. Kerri Coyle on 25
October 2021 confirmed that Council would be accepting of a fee reduction. The nominated development
assessment fee is $2.273 as confirmed via email.




2. Development Intent – Proposed Change

The applicant is proposing a Change to the existing Commercial Business Type 1 Office use at 195Weyba
Road, Noosaville, to permit the operation of a small coffee shop (Food and Drink Outlet). The Other Change
will consist of:

          • Reuse of internal office area of 15.6m2 for operations and storage,

          • Reuse of external deck area of 15.6m2 for tables and chairs, and

          • Extension of approved operating hours (1 hour).

The proposed changes are reflected in the Proposed Plans prepared by Suncoast Building Design and are
enclosed within Appendix A.

A minor internal reconfiguration is proposed to accommodate the coffee shop inside the existing office. Part
of the external deck will be used by patrons (tables and chairs). No change to the external build form is
required, and no additional gross floor area is proposed.

Perky Turkey are seeking to extend the approved operating hours of 7:00AM to 9:00PM daily to 6:00AM to
9:00PM. Whilst the subject site adjoins land which is zoned residential at the rear, the proposed outdoor
seating and café are located at the front of the property facing Weyba Road. The area to be used for
patron seating is small in scale (15.6m2) and is oriented to the north, overlooking the garden and grass verge.
The café is screened from the adjoining residence by the rear of the building (office), planting and boundary
fencing. A minor relaxation is sought to enable the café to trade from 6:00AM daily.

                                                                     PO Box 1818       07 5474 3873
                                                                     Noosa Heads       [email protected]
                                                                     QLD 4567          rgstrategic.com.au

Page 3

3. Proposed Change to Conditions

The following change to the Conditions contained within the Existing Approval (MCU20/0002) is proposed
to permit the reconfiguration of the ground floor office and external deck for the use of the coffee shop
(Perky Turkey), and the extended operating hours of the coffee shop. The Conditions which are affected by
the proposed redesign is Conditions 2, 5 and 7.

3.1 Condition 2

Condition 2 reads as:

       2.         Development undertaken in accordance with this approval must generally comply with the
                  approved plans of development. The approved plans are listed in the following table unless
                  otherwise amended by these conditions.

                     Plan No          Rev               Plan/Document Name                        Date

                   CD-00          A          Site Plan prepared by Andrew Bock                27/11/19
                                             Architecture - as annotated by Council
                   CD-D01         A          Ground Floor Plan prepared by Andrew Bock        Mar 20
                                             Architecture - as annotated by Council
                   CD-D02         A          Upper Floor Plan prepared by Andrew Bock         Mar 20
                                             Architecture - as annotated by Council
                   CD.E01         A          Exterior Elevations prepared by Andrew Bock      27/11/19
                                             Architecture
                   CD.E02         A          Exterior Elevations prepared by Andrew Bock      27/11/19
                                             Architecture - as annotated by Council
                   CD-Z01         A          Street Views prepared by Andrew Bock             20/01/20
                                             Architecture - as annotated by Council
                   CD-Z02         A          Street Views prepared by Andrew Bock             20/01/20
                                             Architecture - as annotated by Council




3.2 Proposed Change to Condition 2

Change Condition 2 to read:

       2.         Development undertaken in accordance with this approval must generally comply with the
                  approved plans of development. The approved plans are titled and/or numbered as per the
                  following, and as may be amended by these conditions:

                     Plan No          Rev               Plan/Document Name                        Date

                   CD-00          A          Site Plan prepared by Andrew Bock                27/11/19
                                             Architecture - as annotated by Council


                                                                   PO Box 1818        07 5474 3873
                                                                   Noosa Heads        [email protected]
                                                                   QLD 4567           rgstrategic.com.au

Page 4

                  CD-D01        A          Ground Floor Plan prepared by Andrew Bock          Mar 20
                                           Architecture - as annotated by Council
                  02            A          Floor Plan prepared by Suncoast Building           6/11/21
                                           Design
                  CD-D02        A          Upper Floor Plan prepared by Andrew Bock           Mar 20
                                           Architecture - as annotated by Council
                  CD.E01        A          Exterior Elevations prepared by Andrew Bock        27/11/19
                                           Architecture
                  CD.E02        A          Exterior Elevations prepared by Andrew Bock        27/11/19
                                           Architecture - as annotated by Council
                  CD-Z01        A          Street Views prepared by Andrew Bock               20/01/20
                                           Architecture - as annotated by Council
                  CD-Z02        A          Street Views prepared by Andrew Bock               20/01/20
                                           Architecture - as annotated by Council




3.3 Condition 5

Condition 5 reads as:

The approved use must not operate outside the hours of 7am and 9pm daily.




3.4 Proposed Change to Condition 5

Change Condition 5 to read:

The approved use must not operate outside the hours of 6am and 9pm daily.




3.5 Condition 7

Condition 7 reads as:

   The outdoor deck areas are not included in the use area calculations and must only be used for
   pedestrian passage or thoroughfare unless otherwise approved by Council.



3.6 Proposed Change to Condition 7

Change Condition 7 to read:

   Part of the outdoor deck as identified within the approved plans is used exclusively for the Food and Drink
   Outlet. All other deck areas are not included in the use area calculations, and must only be used for
   pedestrian passage or thoroughfare unless otherwise approved by Council.

                                                                   PO Box 1818        07 5474 3873
                                                                   Noosa Heads        [email protected]
                                                                   QLD 4567           rgstrategic.com.au

Page 5

4. Planning Assessment

The proposed Other Change can be supported on a number of grounds as detailed below:

    •   The proposal can be defined as an Other Change to Approval in accordance with Schedule 1 of the
        Planning Act 2016,

    •   The proposal is consistent with the outcomes sought by the Noosa Plan 2020, and

    •   The proposal is consistent within the intent of the Decision Notice (MCU20/0002).




5. Development Codes

The development codes applicable to the proposed Minor Change are:

    •   Noosaville Locality Code,

    •   Neighbourhood Centre Zone Code, and

    •   Business Activities Code.

A review of the development codes has been undertaken with the Other Change complying with the intent
of the Performance Outcomes and Overall Outcomes of the abovementioned codes.

The proposed Food and Drink Outlet is consistent with the Purpose and Overall Outcomes of the Noosaville
Local Plan Code. Perky Turkey is to be located in an existing building, and no change to the external built
form is proposed.

The proposed Food and Drink Outlet is a compatible use with the existing types and scales of uses within
the Neighbourhood Centre Zone in Noosaville. The proposed Food and Drink Outlet caters to the day to day
needs of local residents and visitors. The café is compatible with the adjoining office uses and will not
create nuisances associated with patrons dining at the café.

The proposed outdoor dining adds to the streetscape without impede the movement of pedestrians or
vehicles.




                                                                     PO Box 1818        07 5474 3873
                                                                     Noosa Heads        [email protected]
                                                                     QLD 4567           rgstrategic.com.au

Page 6

6. Conclusions

As demonstrated in the above, the proposed Change and amendments to Conditions 2, 5 and 7 are
consistent with the intent of the original approval. This report demonstrates that the proposed development
is permitted pursuant to the provisions of the Planning Act 2016 and the Noosa Plan 2020.

The proposed change to the internal configuration of the ground office is minor and does not impact upon
the existing office uses. The exclusive use of part of the existing deck area allows for casual dining (coffee)
and enhances the streetscape and neighbourhood vitality.

The proposed extension of the operating hours to 6:00AM will not have any impact on the adjoining
properties due to the location of the café and orientation of the outdoor seating to the north (facing
Weyba Road).

Approval of the proposed Change is recommended.

We look forward to Council processing the application at its earliest convenience. Should you require any
additional information or have any queries please to not hesitate to contact us.



Kind Regards,




Russell Green APIA MQELA
Managing Director
RG Strategic




                                                                     PO Box 1818        07 5474 3873
                                                                     Noosa Heads        [email protected]
                                                                     QLD 4567           rgstrategic.com.au

Page 7

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