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Town Planning Assessment Report
Mur
Town Planning
Assessment Report
2 Memorial Avenue, Pomona
Development Permit for Material Change of Use of Premises for an
Extension to a Food and Drink Outlet
August 2022
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Page 2
Table of Contents
1. SITE AND APPLICATION SUMMARY................................................................................................................. 3
2. PROPOSAL ..............................................................................................................................................................................4
3. BACKGROUND .................................................................................................................................................................. 5
4. SITE DETAILS ........................................................................................................................................................................ 7
4.1. SITE DESCRIPTION ....................................................................................................................................................... 7
4.2. SURROUNDING USES .................................................................................................................................................. 8
5. ASSESSMENT REQUIREMENTS ...............................................................................................................................9
5.1. FRAMEWORK FOR ASSESSMENT...............................................................................................................................9
5.2. ASSESSMENT BENCHMARKS RELATED TO THE PLANNING REGULATION 2017...................................9
5.3. ASSESSMENT BENCHMARKS RELATING TO THE PLANNING SCHEME ................................................. 10
5.3.1. DEFINITION ............................................................................................................................................................ 10
5.3.2. LEVEL OF ASSESSMENT AND ASSESSMENT REQUIREMENTS ................................................................ 10
5.3.3. ASSESSMENT BENCHMARKS ............................................................................................................................... 11
6. CONCLUSION ................................................................................................................................................................39
Appendices
Appendix A Proposal Plans
Disclaimer: While every care has been taken in preparing this report, Brennan Planning Pty Ltd accepts no responsibility for
decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained within.
To the best of our knowledge, the content was correct at the time of publishing.
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1. Site and Application Summary
Applicant
Applicant: Russell Wilson and Zenita Wilson
C/- Brennan Planning Pty Ltd
Contact Details: Marcus Brennan
Mob: 0423 952 928
Email: [email protected]
Registered Landowner(s): Russell Wilson and Zenita Wilson
Application
Development Permit for Material Change of Use of
Development Application:
Premises for an Extension to a Food and Drink Outlet
Level of Assessment: Code Assessable
Referral Agencies: Nil
Assessment Manager Noosa Council
Subject Site
Address: 2 Memorial Avenue, Pomona
Lot Description: Lot 1 on RP4348
Area: 463.52m2
Easement(s): Nil
SEQ Regional Plan Urban Footprint
Planning Scheme Noosa Plan 2020 (25 September 2020)
Zone: Local Centre
Overlays: Heritage and Character Area
+ Character Area
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2. Proposal
This application seeks an approval for a Development Permit for Material Change of Use of premises
for an extension to an existing a Food and Drink Outlet.
The proposal involves formalising the use of an existing building and outdoor seating areas that are
positioned centrally within the site as extension to an existing food and drink outlet. These areas
have historically been used for the purposes of a food and drink outlet since at least 2006, which is
evidenced by Figures 4 – 6. Oral evidence has also been provided from customer’s that the premises
was used as a milk bar in the 1970s, which included the use of outdoor areas, and that a wedding
occurred in the rear yard in 1937.
The central building incorporates a kitchen/bar area with servery window and dry storage area with
roller door. A sheet skillion roof is provided over an existing paved outdoor dining area. The use also
includes nominating space for a food truck to operate from within the area annotated as Dining Area
4. The proposed outdoor dining areas are positioned in the middle and rear of the premises and
nominated as Dining areas 2, 3 and 4 on the proposal plans. The building has a GFA of 14.45m2, and
the storage area has a GFA of 2.79m2. The total combined area for Dining Areas 2, 3 and 4, which
form part of this application, is 85.8m2. The proposed development will involve the following ‘use
area’ as defined by the Noosa Plan 2020:
Name Use Area
Kitchen/Bar Area 14.45m2
Dry Store 2.79m2
Outdoor Dining Area 2 40.5m2
Outdoor Dining Area 3 21.0m2
Outdoor Dining Area 4 24.3m2
TOTAL 103m2
Figure 1 – Use areas to be formalised
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3. Background
Noosa Council’s online application system reveals that there was an approval for alterations to shop
front/replacement of awning in October 2019 that was approved through a private certifier.
The commercial building fronting Memorial Avenue was re-built in the 1940s in an art deco style
following a fire that occurred in the street. Historically, the building has been used as a food and
drink outlet and has existing use rights for this purpose. The areas nominated as Dining Areas 2, 3
and 4 on the proposal plan, have also historically been used for dining purposes associated with food
and drink outlet businesses that have operated from the premises.
The building at the rear of the site appears to be of a pre-1945 origin and would have likely been
established with the original building. There is photographic evidence of this building being used for
a variety of retail purposes. Out the Back Antiques operated in the shed at the rear of the premises
until May 2018, as illustrated in Figure 3 and 4.
The central small building subject to this application is not present on the mapping from 1998 but is
present on the 2008 mapping. The central building and associated shade structure with outdoor
seating has previously been used as a food and drink outlet as illustrated in Figures 5, 6 and 7 circa
2006. A customer of Pomona Village Kitchen has also confirmed that they held their wedding in the
rear yard area in 1937. The building was also used as a ‘milk bar’ in the 1970s and included the use
of outdoor areas. Consequently, this provides further evidence that the space was used throughout
history for business purposes.
Figure 2 and 3 – Out the Back Antiques circa 2010
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Figure 4 and 5 - Café and restaurant use circa 2006 Page 6 of 39
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Figure 6 – Café with outdoor seating and shed utilised for a store circa 2010
4. Site Details
4.1. Site Description
Site Description
Characteristic
Existing land use Food and drink outlet/shop
Frontage and access The site has a 10.058m frontage to Memorial Avenue to the
north.
Topography The site is relatively flat
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Figure 7 – Aerial photograph of subject site
4.2. Surrounding Uses
The site is located within the township of Pomona and is surrounded by a variety of commercial uses
expected within a town centre and immediately adjoins the following uses:
+ to the north is Memorial Avenue and the Pomona Community House beyond;
+ to the east is the Pomona Hotel;
+ to the south is a car parking area and a row of shops beyond; and
+ to the west, is a row of ‘Main Street’ shops.
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Figure 8 – Aerial photograph of subject site and surrounding area
5. Assessment Requirements
5.1. Framework for Assessment
Categorising Instruments for Statutory Assessment
In accordance with Section 43 of the Planning Act 2016, the following categorising instruments may
contain assessment benchmarks applicable to development applications:
+ the Planning Regulation 2017
+ the Planning Scheme for the local government area
+ any temporary local planning instrument
+ any variation approval
Of these, the planning instruments relevant to this application are discussed below:
5.2. Assessment Benchmarks Related to the Planning Regulation 2017
The Planning Regulation 2017 (the Regulation) prescribes assessment benchmarks that the
application must be carried out against, which are additional or alternative to the assessment
benchmarks contained in council’s Planning Scheme. These assessment benchmarks may be contained
within:
• the Regional Plan;
• Part E of the State Planning Policy, to the extent they are not appropriately integrated into the
Planning Scheme; and
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• Schedule 10 of the Regulation.
An assessment against the applicable benchmarks contained within the Planning Regulation is
provided below:
SEQ Regional Plan
The subject site is located within the Urban Footprint under the SEQ Regional Plan (SEQRP). The
proposed food and drink outlet is consistent with the goals, elements and strategies for the Urban
Footprint designation.
Part E of the State Planning Policy
The current State Planning Policy (SPP) commenced on 3 July 2017. The State interests relating to
development assessment are set out in Part E of the document and are under five broad themes.
There are no SPP assessment benchmarks that apply to the subject site and development.
Schedule 10 of the Regulation
The proposal does not trigger referral to any agencies or assessment against any of the benchmarks
contained with Schedule 10 of the regulation.
5.3. Assessment Benchmarks Relating to the Planning Scheme
5.3.1. Definition
The Noosa Plan 2020 defines a Food and Drink Outlet as follows:
Food and drink outlet means the use of premises for—
a) preparing and selling food and drink for consumption on or off the premises; or
b) providing liquor for consumption on the premises, if the use is ancillary to the use in paragraph
(a).
5.3.2. Level of Assessment and Assessment Requirements
The site is located within the Local Centre Zone and the Hinterland Villages Local Plan Area under the
Noosa Plan 2020. Pursuant to Table 5.5.7 of the Planning Scheme, the proposed Food and drink outlet
is ‘code assessable’.
In accordance with Section 45(3) of the Planning Act 2016 a code assessment is an assessment that
must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development; and
(b) having regard to any matters prescribed by regulation for this paragraph.
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5.3.3. Assessment Benchmarks
Pursuant to Table 5.5.10.1 of the Planning Scheme, the application is assessable against the following
codes (benchmarks):
+ Hinterland Villages Local Plan Code
+ Local Centre Zone Code
+ Business Activities Code
+ Works codes
The site is mapped as being within a Character Area under the Heritage and Character Area Overlay.
However, the proposed development does not trigger assessment against the overlay code as it does
not involve external building work. Further, the proposed extension of the use area is located centrally
within the site and is not visible from the street.
An assessment against the abovementioned applicable codes has revealed that the development is
compliant with, or can be conditioned to comply with, each. The pertinent issues arising out of an
assessment against each of the codes are discussed below.
Hinterland Villages Plan Code
Performance Outcomes Acceptable Outcomes Compliance
PO1 No acceptable outcome provided PO1 – Complies
Development enhances the The proposal will provide for an
ability of the Hinterland Villages extension of an existing food and
to function as small sustainable drink outlet within the town
communities of permanent centre of Pomona that will
residents with a limited range of support and increase
business, community and employment opportunities as
employment services that well as additional services to
support the villages and broader residents and visitors.
rural areas, including visitors.
PO2 PO2 – Complies
Development contributes to the No acceptable outcome provided The proposed use will contribute
lifestyle and amenity of residents to the lifestyle and amenity of
of the Hinterland Villages and the Pomona township by
their surroundings. offering additional services
PO3 AO3.1 Pomona AO3.1 – Not Applicable
Development contributes to the Development adjacent to a The site is not adjacent to a
establishment and reinforcement gateway or special place or on land gateway, special place or land
of attractive streetscapes and identified as a key corner including identified as a key corner.
gateways to enhance the sense of where identified on Figure 7.2.1.4
arrival and the distinctive (Pomona Framework and Character
character of the hinterland Plan)
villages.
a) incorporates architectural and
landscape treatments which
emphasise the corner location
as shown in figure AP3-
10A and figure AP3-10B; and
b) incorporates building materials
such as varied roof forms,
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changes in materials and
variations in projected and
recessed elements and facades.
AO3.2
Development adjacent to a primary
streetscape treatment area AO3.2 – Complies
including where identified The site will maintain an existing
on Figure 7.2.1.4 (Pomona commercial building fronting
Framework and Character Memorial Avenue, which
Plan) provides streetscape includes an active frontage and
improvements which are streetscape improvements such
appropriate to the location, setting as seating, planter boxes, bicycle
and context of the development parking and bins.
and complement existing or
proposed streetscape works in the
local area.
AO3.3
Development on Key Development
Sites identified on Figure 7.2.1.4
(Pomona Framework and Character AO3.3 – Not Applicable
Plan) incorporates a high standard The site is not located on a Key
of architectural design and Development Site.
landscape treatment consistent
with the streetscape character.
Editor’s Note— For
further guidance and context in
interpreting the Framework and
Character Plans please refer
to PSP7 - Framework and Character
Plans.
AO3.4 Boreen Point
Development with frontage to
Laguna Street, Boreen Parade and
Urunga Parade, Boreen Point
incorporates landscaping with AO3.4 – 3.6 - Not Applicable
native tree species in the front 6
metres of the property and street
tree planting.
AO3.5 Kin Kin
Development with frontage to
Main Street or Sister Tree Creek
Road, Kin Kin incorporates on-
site landscaping, street tree
planting or other streetscape
treatments that enhance the
existing rural village character.
AO3.6 Cooran
Development on sites fronting King
Street Cooran, west of the railway
line and east of Henry Street
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incorporates on-site landscaping,
street tree planting or other
streetscape treatments that add
visual interest and enhance the
existing rural village character.
PO4 AO4 AO4 – Not Applicable
The visual amenity surrounding Development adjacent to: The proposal is not adjacent to
the major road network is a) Main Street and Sister Tree any of the identified streets.
protected and enhanced. Creek Road, Kin Kin;
b) Factory Street, Hill Street,
Reserve Street and Station
Street Pomona;
c) King Street and Queen Street
Cooran; or
d) Laguna Street, Boreen Parade
and Woongar Street at Boreen
Point—
incorporates landscaping that
complements the natural species
occurring in the local area, protects
existing vegetation within the road
reserve and incorporates design
elements that add visual interest to
the streetscape.
PO5 AO5.1 AO5.1 – Complies
Development retains and Development retains landmarks, Development will not impact on
enhances heritage and landscape memorials and monuments, any landmarks, memorials or
elements including historical including but not necessarily monuments identified on
landmarks, existing character limited to those identified on the Heritage and Character Areas
trees and areas of the Heritage and Character Areas Overlay Maps
significant vegetation contributin Overlay Maps in Schedule 2.
g to the setting and character of
the local plan area. AO5.2 AO5.2 – Complies
Development retains and enhances The proposal will not impact on
existing mature trees and any existing mature trees.
character vegetation contributing
to the vegetated backdrop and
streetscape character of the local
plan area including:
a) mature trees, particularly
adjacent to major roads and
entry roads in each village;
b) riparian vegetation adjacent to
creeks and tributaries within or
adjoining each village; and
other character vegetation and
landscaping where identified
on Figure 7.2.1.4 (Pomona
Framework and Character Plan).
PO6 AO6.1 AO6.1
Development retains and Development enhances and does The development will not
enhances key landscape elements not intrude upon important intrude upon important
including significant views to sightlines to: sightlines to Mt Cooroora.
mountains, Lake Cootharaba and a) Lake Cootharaba,
the rural and open space settings its foreshore and views across
around the villages. it to Noosa North Shore;
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b) Six Mile Creek and Kin Kin
Creek; and
c) Mt Cooroora, Mt Cooran and
Mt Pinbarren.
AO6.2 – Complies
AO6.2 Pomona The proposal involves a
Buildings and structures do not retrospective approval of a
significantly interrupt or encroach building as use area located
upon key contextual views centrally within the site and will
including where not interrupt or encroach upon
identified on Figure 7.2.1.4 key contextual views including
(Pomona Framework and Character where identified on Figure
Plan) and shown in Figure 7.2.1.6. 7.2.1.4.
PO7 AO7.1 AO7.1 – Complies
Buildings, structures and Development retains or re-uses The development retains the art
landscaping are consistent with buildings that have cultural deco style building located at the
and reflective of the traditional heritage or townscape significance, front of the premises which is
character of the Hinterland including where subject to located within a ‘character area’.
Villages in terms of form, the Heritage and Character Overlay
composition and use of Maps in Schedule 2 or identified as
materials. a heritage site or character
area on Figure 7.2.1.4 (Pomona
Framework and Character Plan).
Editor’s Note— The Heritage
Overlay code sets out requirements
for development on heritage places
and in character areas.
AO7.2 – Complies
AO7.2
The proposal involves a
Development is compatible with
retrospective approval of a
existing buildings including
building as use area located
Federation and Art Deco styles,
centrally within the site and will
without mimicking such styles.
not be visible from the frontage
AO7.3 AO7.3 – Not Applicable
Roof forms use simple, traditional The buildings associated with the
Queensland style roof designs, use are existing and not visible
including gable, hip, pitched, hip from the frontage.
and valley or multiple gable roof
forms with a roof pitch of no less
than five degrees. Refer to Figure
AP3-6B for examples.
AO7.4 – Not Applicable
AO7.4 The proposal involves a
For residential buildings, roof form commercial building/use.
is visible from the street and not
concealed behind parapets.
AO7.5 AO7.5
Buildings are designed to: The buildings associated with
a) reflect the traditional the use are existing and not
Queensland vernacular; visible from the frontage.
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b) suit the local subtropical
climate;
c) incorporate lightweight
materials such as timber;
d) be elevated above the ground
on sloping or low-lying lots;
e) incorporate verandahs, open
balconies with transparent or
open balustrades or shaded
patios for outdoor living; and
f) allow for landscaping
integrated with the buildings
on site.
Editor’s note—Refer to Figure AP3-
6B for examples of traditional
Queensland vernacular design.
AO7.6 – Complies
AO7.6 The buildings are existing and
Boundary setbacks provide space appropriate landscaping is
for trees between buildings. maintained throughout the site.
PO8 PO8 – Complies
Villages function as local centres No acceptable outcome provided The proposed extension to the
consistent with the Noosa Shire food and drink outlet will
Centres Hierarchy, providing local support Pomona’s role as a
services and facilities for the village centre.
village and surrounding rural
communities.
PO9 No acceptable outcome provided PO9 – Not Applicable
Pomona Local centre maintains a The proposal does not involve a
small supermarket that supports supermarket.
a broader community including
other hinterland villages with
higher order business and
community needs facilitated in
larger centres such as the District
centres of Cooroy and Tewantin.
PO10 AO10 AO10 – Complies
The primary retail and Development maintains and The proposed development will
commercial focus of the enhances the primacy of existing support the role of Memorial
villages are contained on the main streets as attractive Avenue being a Primary Active
traditional pedestrian orientated and pedestrian friendly streets Frontage in that it will encourage
main streets: where retail and other centre uses further activity and vibrancy.
a) Reserve Street, southern side are concentrated.
of Memorial Avenue and
western side of Station Street
in Pomona;
b) King Street in Cooran; and
Main Street in Kin Kin.
PO11 AO11 AO11 – Complies
Development in the Local Centre Development in the Local Centre The proposed development will
zone: zone: respect the layout, scale and
a) respects the layout, scale and character of development on
character of development on adjoining sites in that it is an infill
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a) is sympathetic to the adjoining sites. For character development makes better use
character and identity of the design outcomes for future of the site, maintains the existing
hinterland villages; development at Station Street character, and will not involve
b) complements the traditional Pomona refer to Figure 7.2.1.5; any additional building works;
built form, street pattern and b) provides detailing and
streetscape; articulation for horizontal
c) addresses the street; emphasis including awnings,
d) creates vibrant and active parapet walls or first floor
spaces in the public realm; balconies;
e) provides continuous weather c) steps buildings to reflect the
protection for pedestrians natural topographic character
(including shade); and of the street, see figure
provides integrated and 7.2.1.7 and figure
functional parking 7.2.1.8 Pomona Streetscape
and access arrangements that for an examples;
do not dominate the street. d) incorporates a fine
grain shop front appearance
extending to roof forms which
vary between single tenancies.
For an example refer to Figure
7.2.1.7;
e) provides active street
frontages, especially where
identified as primary active
street frontage on Figure
7.2.1.4 (Pomona Framework
and Character Plan), that
incorporate shopfronts,
indoor/outdoor cafes and
restaurants and other activities
that foster casual social and
business interaction for
extended periods. For an
example refer to Figure AP3-
8A.
f) has building openings
overlooking the street, with the
main entrance visually
emphasised in the ground floor
facade; and addressing key
corners including where
indicated on Figure
7.2.1.4 (Pomona Framework
and Character Plan) and Figure
AP3-7A;
g) provides all weather protection
in the form of continuous
cantilevered awnings and/or
light verandah structures with
decorative non-load bearing
posts over footpath areas with
mature or semi-mature shade
trees planted along
the site frontage adjacent to
the kerbside as per Figure
6.4.2.4 and Figure 7.2.1.7;
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h) includes the provision of
landscaping, shaded seating
and consistent and simple
paving materials on footpaths
that are consistent with the
character of its setting
including where shown as
primary streetscape treatment
area on Figure 7.2.1.4 (Pomona
Framework and Character
Plan); and
i) retains a pedestrian
friendly low-speed traffic
environment with on-street
parking and provides off-street
car parking at the rear or to
one side of the development.
PO12 PO12 – Complies
Development improves local No acceptable outcome provided Development improves local
connectivity by providing safe connectivity by providing a safe
and convenient pedestrian and and activated frontage to
bicycle pathways to and between Memorial Avenue and further
key destinations within the casual surveillance to the rear
villages such as the railway carparking area.
station, community and sports
facilities and schools.
PO13 AO13 AO13 – Not Applicable
Development integrates with and Development on land including or The land does not contain or
extends the existing street and adjoining a key pedestrian/cycle adjoin key pedestrian/cycle links.
pathway networks including but link including where shown
not limited to those identified on Figure 7.2.1.4 (Pomona
on Figure 7.2.1.4 (Pomona Framework and Character
Framework and Character Plan) facilitates these connections.
Plan) such that connections to
and between key local
destinations are provided and
reinforced.
PO14 AO14 AO14 – Not Applicable
Development has no significant Connecting Habitat Areas as The land is not located within
adverse effects on biodiversity, identified on Map SFM-4 - vicinity of connecting habitat
natural vegetation, native fauna Biodiversity (Strategic Framework areas
habitat, landscape quality, water Map) are protected from
quality or cultural heritage fragmentation and encroachment
values, including those related by development.
to—
a) changes to natural drainage; Editor’s Note— Council may
b) disturbance to any of request additional information on
the wetland systems; the proposed method of effluent
c) management of landslide and disposal to ensure the nature of the
fire risk; development is compatible with
d) erosion and the transport of environmental values. Refer
sediments off site; to PSP1 – Preparing a well made
e) managed public access; application.
f) effluent disposal; and
changes to fauna habitat and
behaviour.
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PO15 AO15 AO15 – Not Applicable
Development maintains and Open space corridors identified The land is not located within
protects an integrated open as Ecological Linkages and Major the vicinity of an Ecological
space network throughout the Recreation areas on Map SFM-1 - Linkage
locality to— Settlement and Map SFM-4 -
a) provide for both passive and Biodiversity (Strategic
active recreational pursuits; Framework) are enhanced and
b) provide connectivity for protected from fragmentation and
pedestrians, cyclists, and encroachment by development.
horse riders;
c) provide habitat connectivity
for wildlife and fish passage;
d) protect watercourses and
drainage lines;
e) protect vegetation on steep
slopes; and
f) form a scenic backdrop for
residential development.
Local Centre Zone Code
Performance Outcomes Acceptable Outcomes Compliance
PO1 PO1 – Complies
The business use or centre No acceptable outcome provided The food and drink outlet
activity is of a type, scale and extension is consistent with the
intensity that is consistent with a type, scale and intensity of
Local Centre as identified in the business expected within the
Noosa Shire Centre Hierarchy. Pomona local centre.
PO2 PO2 – Complies
The Local Centre zone No acceptable outcome provided The proposed food and drink
accommodates a range of low outlet extension will
order goods and services for accommodate an expansion of a
residents and offers local low order service in Pomona and
employment opportunities. provide employment
opportunities as well as a service
to residents and visitors.
PO3 PO3 – Complies
Development does not No acceptable outcome provided. The proposed development does
compromise or compete with the not compromise or compete
role and function of a District with district or major centres.
centre of Major centres of Noosa
Junction and Noosa Business
Centre as the highest order
centres in Noosa Shire.
PO4 PO4 – Not Applicable
Higher order shopping facilities, No acceptable outcome provided. The proposal does not involve a
including full line supermarkets, high order shopping facility.
large format retail showrooms
and discount department stores
do not locate in the Local centre
zone. The gross floor area of:
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a) any individual shop tenancy
does not exceed 500m²; and
b) a shopping centre does not
exceed 1,500m².
P05 AO5.1 AO5.1 – Not Applicable
Supermarkets locate in the Local A retail needs assessment is The proposal does not involve a
Centre zone only where there is provided by a suitably qualified supermarket.
demonstrated need. economist outlining the demand
for a supermarket in the Local
Centre zone.
AO5.2
The gross floor area of a
supermarket does not exceed
1,000m².
PO6 PO6 – Complies
A mix of low order retail uses No acceptable outcome provided The proposal will contribute to a
such as shops, food and drink mix of low order uses within the
outlets (without drivethrough local centre by expanding a food
facilities), medical and and drink outlet tenancy.
community uses and other
services catering to the day to
day needs of local
residents locate in the Local
centre zone.
PO7 PO7 – Complies
Food and drink outlets do not: No acceptable outcome provided The proposed food and drink
outlet will not involve a
a) consist of high volume convenience restaurant or drive
convenience restaurant with through facility.
precooked food; or
b) incorporate a drive-through
facility.
PO8 PO8 – Complies
Service industries do not exceed No acceptable outcome provided The proposed use will not
a gross floor area of 500m². exceed a gross floor area of
500m².
Height AO9.1 – Complies
PO9 AO9.1 The proposal does not involve an
Buildings and other structures; Buildings and other structures are building works and all buildings
no more than the are less than 8m in height.
a) have a visual bulk and following building height:
architectural scale consistent a) 8 metres, or 9 metres for
with the residential character where the pitched roof but no
of the area; other part of the building or
b) are low rise and present structure exceeds 8 metres for
a building height consistent Pomona, Cooran, Kin Kin and
with structures on adjoining Boreen Point; and
and surrounding premises; b) 8 metres for Peregian Beach.
c) have a maximum building
height of 2 storeys; AO9.2
Where excavation is required, the
maximum portion of the exposed
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d) do not visually dominate the external façade of AO9.2 – Not Applicable
street, surrounding spaces or the building cannot exceed the No excavation will be required
the existing skyline; respective building heights in associated with the use
e) preserve the amenity of
surrounding premises
AO9.1
development including
Editor's note—refer to figure AP3-
privacy, views and access to
13A
sunlight to residential
dwellings;
f) respect the scale of the
surrounding vegetation; and
respond to the topography of
the site.
Site cover and gross floor area PO10 – Complies
PO10 No acceptable outcome provided The proposed development will
provide a site cover and gross
The site cover and gross floor floor area of buildings that is
area of buildings and other compatible with surrounding
roofed structures: development, does not present
a) is of a scale that is compatible the appearance of excessive
with surrounding bulk, allows for a large area of
development; soft landscaping to be provided
b) does not present an at the rear of the property,
appearance of bulk to provides adequate ground level
adjacent properties, roads or site facilities and will facilitate
other areas in the vicinity of onsite stormwater management.
the site; No formal vehicular access is
c) maximises the retention of provided within the site.
existing vegetation and
allows for soft
landscaping between
buildings;
d) allows for adequate area
at ground
level for site facilities; and
e) facilitates onsite stormwater
management and
vehicular access
PO11 No acceptable outcome provided PO11 – Complies
The maximum plot ratio does not The development will provide a
exceed: plot ratio of less than 1:1
a) for Pomona, Cooran, Kin Kin
and Boreen Point 1:1 of
the site area
Setbacks AO12.1 AO12.1 – Complies
PO12 Buildings and roofed structures are The buildings onsite are existing
Buildings and other structures are set back at least: and provide the following
appropriately designed and sited setbacks:
to: a) Frontage:
i. 0.0 metres for the ground Frontage – 0m
a) provide amenity for users of floor; and Side (east) – 0m
the premises, as well as ii. 2 metres for the first floor Side (west) – 0m
preserve the visual and excluding Peregian Beach
acoustic privacy of adjoining which is 0.0 metres.
and nearby properties; b) Other boundaries:
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Page 21
b) allow space for required i. for Pomona, Kin Kin
vehicle parking; Cooran and Boreen Point
c) preserve 0.0 metres for the ground
existing vegetation to buffer and first floor; and
the proposed building from ii. for Peregian Beach 0.0
adjoining uses; metres for the ground and
d) allow for landscaping first floor excluding those
between buildings; properties that adjoin Lot
e) maintain the visual continuity 373 P93119, the village
and pattern of buildings and green, which have a
landscape elements within minimum setback of 0.0
the street; metres for the ground
f) avoid large areas of floor and 2 metres for the
continuous wall planes by first floor from the
varying boundary with the village
the building setback and green.
using appropriate techniques iii. 3 metres from boundaries
to provide visual relief; and that adjoin land in a
g) help protect the natural residential zone.
character and visual amenity
of the locality. AO12.2
Places of worship, function
facilities, hotels, bars, nightclub
entertainment facilities or any AO12.2 – Complies
other uses that involve music or The proposal is not located
large numbers of patrons are not within 10m of a residential
within 10 metres of a residential boundary.
zone.
PO13 PO13 – Complies
Buildings are designed using No acceptable outcome provided The buildings are existing and
design elements and materials the proposal will ensure that the
that reflect the local streetscape local streetscape character of
character of the area. site is maintained.
PO14 PO14 – Complies
Development incorporates a high No acceptable outcome provided
The proposed development will
standard of architecture, design
ensure that a high standard of
and landscaping and creates
architecture, design and
attractive and functional
landscaping is maintained
buildings, streets and places.
throughout the site and create a
functional and attractive space.
PO15 PO15 – Complies
Streetscape treatments are No acceptable outcome provided The proposed development will
provided to enhance the maintain streetscape treatments
character and amenity of the which include public seating,
street, particularly along major planter boxes, bicycle parking
roads. and bins.
PO16 AO16.1 AO16.1 – Complies
Buildings and other structures Buildings incorporate horizontal The proposed development
present a high level of and vertical articulation. utilises buildings which
architectural merit
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Page 22
with building elements and forms incorporate horizontal and
that: vertical articulation.
a) are consistent with the bulk AO16.2
and scale of buildings on The proposed development
adjoining and nearby land; AO16.2 utilises buildings which do not
b) break down the facade into Elevations are no longer the 15 involve wall lengths in excess of
finer scaled components; metres without articulation of at 15m
c) provide strong visual least 750 millimetres and present
relationships to the subtle changes in textures and
landscape, natural features materials to break
and recreation areas in the up building facades. AO16.3 – Complies
vicinity; The proposed extension is
d) create a pedestrian scale with AO16.3 positioned centrally behind an
visual interest; Frontages to public streets or other existing building that fronts
e) present subtle changes in public or semi-public spaces area Memorial Avenue and will
colours, textures and articulated with vertical elements maintain the building
materials to break up to emphasise a finer-grain and appearance to the frontage.
the building facades; human scale to
f) integrate signage with the building frontage.
the building design; and
AO16.4 AO16.4 – Complies
g) integrate landscaping into
the building design and car Buildings incorporate: The proposal utilises existing
parking areas; a) variations in plan shape, such building and does not involve
as steps, recesses, projections any further building work.
h) are well articulated with
or splays:
strong horizontal and vertical
design elements providing an b) variations in the vertical profile,
interesting streetscape; and with steps or slopes
at different level;
i) complement landform
changes and landscape c) variations in the treatment and
features, stepping patterning of windows, sun
down sloping sites to protection and shading devices,
minimise cut or fill. or other elements of a façade
treatment at a finer scale than
the overall building structure;
d) balconies, verandas or terraces;
and
e) planting, particularly on
podiums, terraces, and low-
level roof decks or incorporate
other landscape elements such
as green walls.
PO17 PO17 – Complies
Buildings and other structures No acceptable outcome provided The proposed development will
present a high quality streetscape provide for a high-quality
with design elements streetscape by maintaining a
and building forms that: character building fronting the
a) define the street and public street and creating further
spaces; activity and vibrancy to
b) provide a consistent awning Memorial Avenue. It will also
alignment fronting the street retain and provide additional
and public spaces; areas for outdoor dining and
c) contribute to the streetscape meeting opportunities at street
activity and vibrancy of the level.
centre;
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d) contribute to their setting,
including the skyline;
e) celebrate corner sites as key
focal points that contribute
positively to defining the
street; and
f) retain and provide areas for
outdoor dining and meeting
opportunities on the ground
level.
PO18 PO18 – Not Applicable
Buildings on corner sites define No acceptable outcome provided The land is not a corner site.
the street intersection and
include interesting or decorative
features and design elements.
Editor's Note—refer to figure
AP3-7A for design outcomes on
corner sites.
PO19 AO19 AO19 – Complies
Ground floor uses are Ground floor buildings provide a The development will maintain
predominantly business uses or minimum 50% transparent glazing shops fronting Memorial Avenue
community uses accessible to the to shopfronts to create that provide a minimum 50%
general public, including but not active building fronts. glazing.
limited to shops, restaurants,
cafes, medical centres, banks,
post office, accountants or real
estate agencies.
PO20 PO20 – Complies
A mix of uses including outdoor No acceptable outcome provided The development incorporates
dining and seating areas are additional outdoor dining areas
incorporated in the design to that will further activate the
activate key street frontages and street frontage and provide a
activated laneways. laneway setting.
Editor's Note—refer to figure
AP3-12A, figure 6.4.4.4.
and figure AP3-8A for design
outcomes for outdoor dining and
active primary street frontages
and laneways.
PO20 PO20 – Complies
A mix of uses including outdoor No acceptable outcome provided The site will incorporate a mix of
dining and seating areas are uses. The proposed development
incorporated in the design to will provide large outdoor dining
activate key street frontages and and seating areas that activate a
activated laneways. carpark into a laneway setting.
Editor's Note—refer to figure
AP3-12A, figure 6.4.4.4.
and figure AP3-8A for design
outcomes for outdoor dining and
active primary street frontages
and laneways.
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Page 24
PO21 AO21 AO21 – Complies
Street awnings are designed and Street awnings: The proposed development will
located to: a) are provided along the maintain an existing street
full frontage of the building and awning.
a) provide continuous weather cover the footpath where no
protection to pedestrians; other weather protection is
b) maintain the continuity and provided for pedestrians as part
style of adjacent awnings, of the building design;
especially in relation to height, b) are set back a minimum of 1
scale, form and materials; metre from the kerb and where
c) contribute to an attractive including timber posts, the posts
streetscape environment; are set back not less than 1
d) promote an active front by metre from the kerb;
encouraging pedestrian use of c) are waterproof;
the street; d) conform with the height, form
e) provide a feeling of enclosure and materials of awnings on
and human scale for adjoining properties which share
pedestrians so as to the same frontage;
contribute to the “sense of e) where falling towards the street,
place”; and have an adequate are no less than 2.5 metres at
clearance distance from the their lowest point or where
kerb to prevent obstruction. cantilevered, are no less than
2.7 metres at their lowest point;
f) use an awning slope of within
15 degrees of adjacent
awnings;
g) are no more than 500
millimetres higher or lower than
adjacent awnings that are less
than 2 metres away; and
h) are no higher than 3 metres in
height.
AO22 – AO23 Not Applicable
The site is not provided with onsite parking or basements.
Mechanical plant, equipment AO25.1 – Complies
and storage AO25.1 Mechanical plant, equipment
PO25 Mechanical plant, equipment and and storage areas will not be
Mechanical plant and equipment storage areas including vents and visible from the street frontage.
(including air conditioning exhausts are not visible from an
equipment) and storage areas are street or public space.
designed and located to:
a) avoid adverse visual impacts AO25.2 AO25.2 – Complies
when viewed from the street Mechanical plant and equipment Mechanical plant and equipment
and adjoining properties; and are: are setback and screened so as
b) visually integrate with a) located more than 2 metres to not cause a nuisance to
the building design. from any property boundary; adjoining properties.
b) where located at ground level,
screened by fencing 1.5 metres
in height or
dense vegetation of at least 1.5
metres in width incorporating
grouped trees and shrubs with
a maximum separation
distance of 1 metre measured
from the centre of the tree or
scrub;
c) visually integrated into the line
and plane of the building and
roof design and do not project
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Page 25
beyond the height or width of
the building when viewed from
the street and adjoining
properties;
d) fully enclosed or screened
where above ground level such
that they are not visible from
the street frontages nor
adjoining properties; and
e) acoustically screened from any
adjoining sensitive land use.
PO26 AO26 AO26 – Complies
Sufficient landscaped areas are The minimum area required for More than 10% of the site will
provided to: providing landscaping is no less comprise of landscaping. The
a) reduce the impervious area than 10% of the site area with the land does not adjoin a residential
and enhance the visual following minimum dimensions: zone and therefore is not
amenity and natural required to incorporate
landscape character of the … minimum widths to the side and
area, streetscape and local rear boundaries.
area; Pomona, Boreen Point, Kin Kin
b) retain existing and Cooran
native vegetation and
enhance buffer areas around a) Frontage— 0.0 metres; and
property boundaries; b) Side or rear boundaries—3
c) suit the relative size and metres width along all
nature of the development boundaries that adjoin land in a
and its setting; residential zone except
d) reduce the visual impact of for garden centre or hardware
large or bulky structures and and trade supply uses where
fencing along watercourses; the setback is 5 metres.
e) screen car parking, loading
and service areas of
developments;
f) contribute to pedestrian
comfort through shade;
and screen incompatible land
uses.
PO27 PO27 – Complies
Landscape and streetscape No acceptable outcome provided The proposed development will
treatments are consistent with maintain streetscape
existing streetscape character, improvements and provide a
enhances the amenity and landscaped setting that is
contribute positively to the local consistent with the character of
centre, particularly along major the area.
roads.
PO28 AO28 AO28 – Not Applicable
Landscaping within road The proposal does not involve
reserves: a) Landscaping is setback a frontage landscaping.
a) enhances the streetscape minimum of 500 millimetres
quality and natural landscape from the back of the kerb;
character of the area; and b) Landscaping and paving styles
b) maintains the functionality of are consistent with any Council
the road reserve for vehicles endorsed streetscape theme;
and pedestrians and
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c) A minimum pedestrian
pathway of 3 metres is
provided along the frontage,
clear of any planted area
or outdoor business area.
Editor's note—refer to figure AP3-
5A
PO29 AO29.1 AO29.1 – Complies
Landscape treatments soften and Entries, outdoor spaces and Entries, outdoor spaces and
improve the visual appearance of outdoor dining areas are treated outdoor dining areas will be
the building, outdoor spaces and with hard and soft treated with hard and soft
services areas. landscaping features. landscaping features.
AO29.2
Landscaping may be used to AO29.2 – Complies
conceal, and reduce the noise Mechanical plant and equipment
generated from, mechanical plant can be appropriately screened
equipment, loading bays, storage with devices to ensure that it
and service does not cause a nuisance.
Mixed use development
PO/AO30 – PO/AO32 – Not Applicable
PO33 PO33 – Not Applicable
Buildings and structures adjacent No acceptable outcome provided The land is not adjacent to a
to land in a residential zone residential zone.
have—
a) a domestic scale,
with building size and
landscaping consistent with
development in the
residential zone; and
b) Fencing, landscaping and
screening to mitigate
potential impacts.
PO34 No acceptable outcome provided PO34 – Not Applicable
Buildings adjacent to land in a The land is not adjacent to a
residential zone development residential zone.
ensures the siting, design and
hours of operation do not
unreasonably impact on the
amenity enjoyed by users of
adjoining or nearby premises.
Overlooking
PO35 AO35 AO35 – Complies
Development maintains Development: The development will not cause
reasonable privacy, amenity and a) is sited to avoid overlooking by overlooking opportunities.
use of indoor and outdoor living siting windows and outdoor
areas to surrounding residential areas, (including balconies and
uses. terraces) to not look into
residential dwellings and may
incorporate screening
over building openings; and
b) does not include roof top
terraces.
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PO36 PO36 – Complies
Development creates a safe No acceptable outcome provided The development creates a safe
environment by incorporating environment by incorporating
key elements of crime prevention crime prevention through
through environmental design in environmental design measures
its layout considering: including: fostering casual
a) casual surveillance and sight surveillance of the carpark and
lines; laneway including at night,
b) exterior building design that providing an outward focussed
promotes safety; design that includes outdoor
c) lighting; seating areas, outdoor lighting,
d) signage and wayfinding; minimising entrapment locations
e) minimising entrapment by providing well lit entrances
locations; and and creating storage areas that
f) building entrances, loading can be locked after hours.
and storage areas that are
well lit and lockable after
hours.
PO37 PO37 – Complies
Walkways, carparks and publicly No acceptable outcome provided Walkways, carparks, publicly
accessible facilities, including accessible toilets, and bicycle
toilets, and bicycle racks are racks have been designed to be
located and designed to allow easily visible from the outdoor
casual surveillance by other seating area and public spaces.
persons.
PO38 PO38 – Complies
Pathways allow clear sightlines in No acceptable outcome provided Clear site lines exists from the
all directions. street front to the proposed
outdoor dining areas.
PO39 PO39 – Complies
Adequate lighting is provided No acceptable outcome provided Adequate lighting will be
to building entrances, carparks provided throughout the site.
and pedestrian routes.
Editor’s Note—Applicants may
find useful guidance to the
Queensland Government’s Crime
Prevention through
Environmental Design Guidelines
for Queensland
PO40 AO40.1 AO40.1 – Complies
All property boundaries are Boundaries are identified by such Boundaries are well fenced and
clearly identifiable with public means as: will incorporate landscaped
and private spaces clearly a) fencing; or features.
defined. b) changes in surface materials or
levels; or
c) landscape treatments.
AO40.2 AO40.2 – Complies
Loading and storage areas are well storage areas will be well lit.
lit or can be locked after hours.
PO41 AO41 AO41 – Complies
All premises and access routes All premises are identified by the Street numbering will be
are clearly identifiable to all provision of the street number in a
prominent location, preferably
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persons, particularly emergency near the site entry, (i.e. on the kerb provided that is clearly visible
services personnel. or letterbox or by signage on from the street.
the building or site).
PO42 AO42.1 AO42.1 – Complies
Building entries are visible and The number of entrances and exits The proposal will not involve
easily identifiable. are limited and creating new entrances.
main building entrances/exits are
located at the front of the site in
view of the street. Where this is
not possible, due to site or
existing building constraints, a well-
defined path is provided to the
entrance/exit.
AO42.2 AO42.2 – Complies
All entrances/exits to buildings, are Entrances to the buildings will be
well lit and signed, and signage well lit, signed and include hours
includes hours of operation. of operation.
AO42.3
AO42.3 – Complies
Entrances/exits are located to
Parking is located on street and a
provide a direct link to driveways
direct link is available.
and car parking areas.
AO42.4 AO42.4 – Not Applicable
Recessed doorways are avoided The proposal will not involve
where the recess is of sufficient creating recessed doorways.
size to conceal a person or where
recessed doorways are
unavoidable, the following
measures are used to enhance
safety:
a) good lighting;
b) strategically placed mirrors;
c) angled approaches; or
d) gates which restrict access.
Vandalism AO43 – Complies
PO43 AO43 The development avoids the use
Buildings and structures are Buildings or structures that are of expansive walls and solid
designed to minimise visible or accessible from a public fences.
opportunities for vandalism. street or laneway:
a) avoid the use of solid fences
and blank walls which attract
graffiti. Where solid blank
surfaces are unavoidable,
measures in the form of
landscaping, creepers, murals,
vandal resistant paint, etc. are
used;
b) with windows at ground
level use measures that deter
break and enters without
obscuring views to shopfronts;
and
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c) are constructed to be vandal
and graffiti proof.
Lighting AO44.1 – Complies
PO44 AO44.1 Lighting will be provided in
Lighting of appropriate intensities Lighting of appropriate intensities accordance with AS1158.
is provided to maximise safety. is provided which satisfies the
requirements of Australian
Standard AS1158: Public Lighting
Code, unless otherwise specified in
this Code.
AO44.2 – Complies
AO44.2
The development will include
External lighting of a graduated
graduated lighting.
intensity is provided which starts at
a lower level of brightness at the
perimeter of the site and rises to a
higher level at the entrance to
buildings or at the centre of
the site.
AO44.3 AO44.3 -
Lighting is directed onto Lighting will be designed so as to
the site and away from not cause a nuisance to adjoining
neighbouring properties. properties.
AO44.4
AO44.4
Vandal-resistant lighting is used in
Vandal-resistant lighting will be
public and publicly accessible
used in public areas.
areas.
Vehicle loading and waste AO45
PO45 AO45 Waste storage/collection and
Vehicle loading / unloading and Vehicle loading/unloading, waste external storage areas are
waste storage and collection storage/collection and external appropriately enclosed and
areas do not significantly impact storage areas are enclosed within a screened.
on the visual or acoustic amenity service yard or courtyard and
of the area or sensitive land uses. located to the rear or under
the building and not located along
any frontage to a public street or
space.
PO46 AO46 AO46 – Not Applicable
Filling, excavation and retaining Filling and excavation works are The proposal will not involve
structures do not directly, designed and constructed to filling or excavation works.
indirectly or cumulatively cause ensure overland flow and/or
adverse impacts external to the flooding is not worsened, impeded,
development site by: or otherwise diverted to adversely
a) causing ponding of water on affect other properties and
the site or nearby land; downstream environments.
b) increasing flooding, which
adversely affects the safety or
use of any land upstream and
downstream; or
c) adversely affecting the flow
of water in any overland flow
path.
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PO47 PO47 – Complies
Convenient and legible No acceptable outcome Convenient and legible
connections are provided for provided connections will be provided to
pedestrians and cyclists to the building for pedestrians and
the site, particularly having cyclists.
regard to linkages with existing
and proposed public transport
infrastructure, the open space
network, centres and other
community-related activities.
PO48 AO48.1 AO48.1
Public or semi-public spaces are Public and semi-public spaces are The building provides a legible
integrated into the centre's located to ensure pedestrian pedestrian connection to
pedestrian and cycle networks. movement flows through Memorial Avenue.
the site and connects to the
pedestrian and cycle networks.
AO48.2 AO48.2 – Not Applicable
Pedestrian arcades, laneways or The proposal has direct frontage
enclosed thoroughfares are a to Memorial Avenue.
minimum of 6 metres wide,
provide a direct line of sight to a
major pedestrian destination
(major tenancy, car park, public
place, etc.), and are not dead ends,
narrow or circuitous.
PO49 AO49.1 AO49.1 – Complies
Development: Development does not result in No groundwork is proposed.
a) has minimal impact on the sediment or other material
natural landform of the site; including building materials or
b) does not lead to erosion or waste products being deposited or
the transport of released into the road reserve,
sediments off site; stormwater drain or adjacent
c) does not lead to the properties.
disturbance of natural
features, buildings or AO49.2 AO49.2 – Not Applicable
structures of cultural heritage Development on a site adjoining The site does not adjoin a
significance. a local heritage place respects the heritage place or culturally
cultural heritage significance of the significant area. The Pomona
place by mitigating any adverse hotel is separated by a narrow
impacts on the setting or integrity parcel of land. Notwithstanding,
of the heritage values. the proposal will not impact on
the setting or integrity of the
Editor’s Note—Local heritage heritage place.
places are identified on
the Heritage and Character overlay
maps in schedule 2
PO50 PO50 – Complies
Uses are conducted in an No acceptable outcome provided The use will be conducted in a
environmentally responsible manner that will not cause
manner, operating without impacts to the amenity of the
deleterious impacts on surrounding area.
immediate, surrounding or
downstream communities,
environments or environmental
processes.
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PO51 PO51 – Complies
Development is supported by No acceptable outcome provided The development will be
adequate infrastructure and connected to standard urban
urban services including infrastructure services
reticulated water, sewerage, reticulated water, sewerage,
stormwater drainage, sealed sealed roads, pathways,
roads, pathways, electricity and electricity and
telecommunication telecommunication
infrastructure. infrastructure and stormwater
infrastructure that exists within
the site.
PO52 PO52 – Complies
Development does not adversely No acceptable outcome provided Development does not adversely
impact on the continued impact on the operation or
operation, viability and maintenance of infrastructure
maintenance of existing provisions.
infrastructure or compromise the
future provision of planned
infrastructure.
Business Activities Code
Performance Outcomes Acceptable Outcomes Compliance
PO1 PO1 – Complies
Business activities are No acceptable outcome provided The proposed food and drink
compatible with the purpose of outlet is located on a site that
the zone in which they locate and is suitable for this purpose and is
the site is suitable for supported by adequate
the use having regard to infrastructure and services.
accessibility, infrastructure and
servicing.
PO2 PO2 – Complies
The business activity is located No acceptable outcome provided The business activity is located
within an existing business centre within the Pomona local centre
or visitor centre shown in the area.
Noosa Shire Centres Hierarchy or
in an industrial zone.
PO3 No acceptable outcome provided PO3 – Complies
Business activities are of a type, The proposed food and drink
scale and intensity that is outlet is of a type, scale and
consistent with the zone, locality intensity that is consistent with
and character of the area in the zone, locality and character
which it is located and reinforces of the Pomona local centre area.
the Noosa Shire Centres
Hierarchy.
PO4 PO4 – Complies
Business activities contribute to No acceptable outcome provided The proposed food and drink
the local economy and vibrancy outlet will contribute to the local
of the area in which it is located. economy and vibrancy of
Reserve Street and the Pomona
local centre area.
PO5 AO5.1 AO5.1 – Complies
Development is sufficiently Buildings and structures are not The building will not be
separated from infrastructure constructed under overhead constructed under overhead
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including electricity infrastructure electricity transmission lines, or electricity transmission lines, or
and substations to minimise the within easements. within easements.
likelihood of nuisance or
complaint.
AO5.2 AO5.2 – Not Applicable
Development adjacent to or within The development is not located
50 metres of a substation, major adjacent to or within 50m of a
electricity infrastructure or major substation.
utility incorporates noise
attenuation measures such that
noise levels do not exceed 5db(A)
above background noise level
internal to buildings measured in
accordance with AS1055.
AO5.3 AO5.3 – Not Applicable
Where adjoining substations, major The development is not located
electricity infrastructure or major on land adjoining a substation or
utilities, buildings are orientated so major infrastructure.
that the majority of windows and
doors face away from the
infrastructure.
Ground floor AO6 AO6 – Not Applicable
PO6 Ground floor spaces have a The proposal does not involve
Ground floor spaces and ceiling minimum ceiling height of 3.5 any new building work
heights are flexible to cater for a metres to allow flexibility of use
range of business activities. (for example; adaptation for shop,
restaurant or office uses)
Outdoor areas AO7 AO7 – Complies
PO7 Outdoor areas and roof top areas There are no sensitive land uses
Outdoor areas, including used for business activities are located in close proximity to the
balconies and rooftops, used for located away from sensitive land outdoor areas.
business activities are located, uses and are generally oriented
designed and operated to avoid towards the street.
causing nuisance to adjoining or
nearby sensitive land uses.
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Outdoor Dining areas
PO8 AO8.1 AO8.1 –Not Applicable
Outdoor dining areas are Walls to outdoor dining areas are: The proposal will not involve
designed and located so that: (a) if facing a roadway or other establishing walls to the outdoor
public area, transparent and dining area.
(a) structures are aesthetically don’t restrict airflow;
pleasing and in keeping with (b) separated from the floor and
the existing character of the any roof by a minimum vertical
area, including the gap of 500 millimetres; and
architecture of the (c) if detachable or collapsible, are
associated building; only used during inclement
(b) outdoor dining adds to the weather.
streetscape without
increasing AO8.2 AO8.2 – Complies
perceived building bulk; Roof, walls or other structures do The proposal will not involve
(c) temporary walls or roofs not extend beyond the boundaries extending walls beyond the
are retracted when not in use of the premises. boundaries of the site.
and secured at all times;
(d) the use does not pose a AO8.3
health and safety risk to Outdoor dining areas: AO8.3 – Complies
patrons; (a) have a non-slip surface which is Outdoor dining areas will be
(e) adequate air movement is water resistant and not raised; provided with slip resistant
available; and and surfaces and appropriately
(f) structures do not impede the (b) ensures that where heating is designed heating.
movement of pedestrians or provided it does not present a
vehicles. physical risk to diners or pose a
fire risk to the surrounding
buildings and structures
(braziers are not permitted).
AO8.4
Outdoor dining areas include soft AO8.4 – Complies
landscaping integrated with the The development includes a
outdoor dining environment to large area of soft landscaping
create an ambient atmosphere for that will be integrated with the
diners. outdoor dining area.
PO9 AO9 AO9 – Complies
Adequate clearways and head Roof structures over outdoor The roof above the outdoor
clearances allow safe movement dining areas have a minimum dining areas has a minimum
for users of the premises. clearance height of 2.1 metres. height exceeding 2.1m.
Design of commercial and retail PO10 – Complies
spaces The proposal includes softly
PO10 No acceptable outcome provided landscaped areas that soften the
Landscaping softens building bulk built form and create a pleasant
and creates a casual, pleasant setting for customers.
setting for site users and the
broader community by:
(a) adopting landscape solutions
that reduce the visual impact
of building bulk;
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(b) providing canopy trees
and ancillary shade
structures;
(c) using shrubs and garden beds
to clearly define public spaces
and pedestrian walkways;
(d) providing areas for public art,
where appropriate;
(e) providing outdoor areas with
seating;
(f) using screen planting to
conceal service and loading
areas;
(g) making provision for outdoor
dining areas where
appropriate, that integrate
well within the streetscape;
(h) providing adequate screening
along the perimeters of the
development;
(i) avoiding the use of formal
planting design
for frontage works; and
(j) providing planting design and
species selection that can
endure an intensively used
environment.
Hours of Operation
PO11 AO11.1 AO11.1 – Not Applicable
Business activities are operated The use or activity does not The use does not adjoin a
in a manner that avoids or operate outside the hours of residential zone.
minimises evening, early morning 7:00am to 9:00pm, seven days a
or weekend noise nuisances to week, where the site directly
sensitive land uses, adjoins land in the following zones:
particularly surrounding (a) All residential zones, except for
residential uses. the Tourist accommodation
zone
(b) Major centre zone – High
density residential precinct; or
(c) Rural residential zone.
AO11.2 AO11.2 – Complies
Where the site is not specified Hours of operation can be a
above in AO11.1 the use does not condition of approval.
operate outside the hours of
6:00am to 10:00pm, seven days a
week, except that a business use
such as a food and drink outlet,
may operate until 12:00 midnight
on a Friday and Saturday.
Overlooking
PO12 AO12 AO12 – Not Applicable
Business activities maintain the Where the business activity The use does not adjoin a
reasonable privacy and amenity adjoins an existing or approved residential use.
of site and adjoining residents residential use, the reasonable
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and their enjoyment of indoor privacy and amenity of such
and outdoor living areas is not uses is maintained by:
unreasonably diminished. (a) siting and orienting buildings to
minimise the likelihood of
overlooking occurring;
(b) having windows and outdoor
areas, (including balconies and
terraces) located and designed
so that they do not look into
dwellings or visitor
accommodation; and
(c) incorporating screening
over building openings.
Noise, visual and odour impacts AO13.1 AO13.1
PO13 Undesirable noise, visual or odour The proposal will not result in
Business activities are designed, impacts on public spaces and undesirable noise, visual or
sited and operated to avoid residential uses, are avoided or odour impacts on public spaces
environmental nuisances such as reduced by: and residential uses. The site
noise, visual or odour impacts (a) providing vehicle does not include vehicle loading
that unreasonably diminish the loading/unloading and refuse areas.
amenity of the area or storage/collection facilities
surrounding uses. within enclosed service yards
or courtyards; and
(b) not locating site service
facilities and areas along
any frontage to a street or
other public space.
AO13.2 AO13.2 – Not Applicable
Where the business activity The use will not require acoustic
requires the use of acoustic attenuation measures.
attenuation measures to mitigate
adverse impacts on nearby
sensitive land uses, such measures
are designed and constructed to be
compatible with the local
streetscape.
Live Music
PO14 AO14.1 AO14.1 – Not Applicable
Live music creates entertainment Where the site is adjacent to land The use does not adjoin a
for patrons and vibrancy within in a residential zone (excluding residential zone.
the streetscape and is sited to Tourist Accommodation Zone), the
avoid significant impacts on Noosa Business Centre High
surrounding residential land uses. Density Residential Precinct, or the
Rural Residential Zone live music is
contained within an enclosed
acoustically treated environment.
AO14.2 AO14.2 – Complies
Acoustic live music (not reliant on Any acoustic live music will be
electric or electronic equipment) conducted within the specified
ceases to operate in outdoor hours of operation. This can be a
spaces by 9:00pm Sunday – condition of approval.
Thursday, and by 10:00pm Friday
and Saturday, except if located
within the Hastings Street Mixed
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Use Precinct or Noosa Junction
Hospitality precinct where it can
operate until 10:00pm Sunday -
Thursday, and by 12:00 midnight
Friday and Saturday.
AO14.3 AO14.3 – Complies
Amplified live music ceases to Any amplified live music will
operate in outdoor space by cease by 7:00pm. This can be a
7:00pm seven days per week, condition of approval.
except if located within Hastings
Street Mixed use precinct or Noosa
Junction Hospitality precinct where
it can operate until 9:00pm Sunday
- Thursday and 10:00pm Friday and
Saturday.
PO15 AO15 AO15 – Complies
Waste storage areas, external Waste storage areas, external The waste storage areas is
storage areas and loading docks storage areas and loading docks located within a screened
do not detract from the visual are located within basements or enclosure at the rear of the
amenity of the streetscape or are visually screened by loading dock. The loading dock is
cause nuisance to adjoining landscaping or fencing and situated not visually obtrusive from the
properties. to the rear of the building. adjoining properties.
Car Parking AO16 – Not Compliant
AO16 AO16
Sufficient car parking is available Parking is provided in accordance Please refer to an assessment
to accommodate the number and with Table 9.4.2.4 of the Driveways under the driveways and
type of vehicles likely to be and Parking Code. carparking code section.
generated by the use on site.
Amenity AO17.1 AO17.1-17.2 – Not Applicable
PO17 Animal holding areas are well
Veterinary clinics and veterinary insulated or buffered from
hospitals are designed and adjacent uses to reduce noise
operated in a manner which levels.
ensures that the visual and
acoustic amenity of adjoining AO17.2
sensitive land uses are not The treatment of animals is
adversely affected. undertaken in a fully
enclosed building that has sound
reduction measures incorporated
into the design.
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Landscaping Code
The proposed development complies with the Performance/Acceptable Outcomes of the Landscaping
Code in that:
- more than 10% of the site area will comprise of soft landscaping; and
- it will create a quality landscaped space for patrons to enjoy in an outdoor setting.
Driveways and Parking Code
The proposal involves seeking a retrospective approval to formalise the use of areas within the site that
have historically been used for food and drink outlet purposes. The use areas relate to a small bar/kitchen
building and outdoor dining area located centrally and to the rear of the site.
Table 9.4.1.4 of the driveways and carparking seeks a minimum parking requirement as follows:
+ one space per 20m² of use area and outdoor business area, excluding kitchen and food storage
areas;
Excluding the kitchen and food storage area, the proposal areas would involve a total use area of 85.8m2,
which would equate to 4.29 car parking spaces. However, renovations have also occurred within the within
the tenancy fronting Memorial Avenue which have increased the kitchen and food store areas by 42m2 as
illustrated in Figure 9 below. These areas were previously dining areas. Consequently, these areas can be
deducted from the total use area to be considered for carparking purposes, leaving a total use area of
43.8m2 (2.19 car parking spaces).
Given the circumstances of the site, with a historical character building occupying the frontage, parking is
not capable of being provided within the site. While not achieving the acceptable outcomes of the code, it is
considered that the proposal complies with the Performance Outcome PO6 and the overall outcomes of the
code for the following reasons:
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+ the proposal only seeks to formalise the use of areas within the site that have historically been
used for food and drink outlet purposes. In this regard, it does not involve any expansion of use
areas or intensification of the use (refer to Figures 4-6);
+ there is sufficient on-street parking opportunities within the township of Pomona to cater for the
main street businesses, of which are unable to accommodate off-street parking.
+ the existing on street parking opportunities along Memorial Avenue and Station Street adequately
meet the needs of the use and can be utilised in a safe and effective manner.
+ the use is located in main street of Pomona and in this regard well serviced by pathways and public
transport infrastructure; and
+ there is historical evidence that the rear yard area has been used for business purposes earlier that
than 2006, with a very elderly customer confirming that they held their wedding in the yard area in
1937 and another customer confirming that it operated as a ‘milk bar’ in the 1970s . Consequently,
the proposal would not result in an increased demand to what could be reasonably expected
throughout the historically of the premises.
Other Works Codes
The development is serviced by standard urban infrastructure provisions including reticulated water, sewer,
electricity, telecommunications, and stormwater drainage.
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6. Conclusion
This report has identified that the proposed development complies with the relevant benchmarks
contained within the Noosa Plan 2020 and does not raise any significant issues that cannot be
addressed by reasonable and relevant conditions on the following basis:
+ the proposal will encourage the vibrant and active use of the site and will enhance the local
centre of Pomona.
+ the proposal would not result in an increase in car parking demand to what could be
reasonably expected throughout the historically of the premises;
+ the site is connected to all necessary urban infrastructure including reticulated water, sewer,
electricity, telecommunications, and stormwater; and
+ the development does not result in any offsite impacts including by way of noise, light, glare,
dust or odour emissions or stormwater runoff, traffic or environmental impacts.
This office trusts that the information supplied comprehensively addresses all of the issues that are to
be considered by the Noosa Plan 2020. Should you have any questions in relation to the proposal, or
any aspect of the development, please do not hesitate to contact the undersigned on 0423 952 928
or via email [email protected]
Yours sincerely,
Marcus Brennan
B. Urb. Reg. Plan.
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