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                  Town Planning
                Assessment Report
                          9 Hastings Street, Noosa Heads

                                          Lot 4 on RP893438

                       Material Change of Use (Development Permit)

                                              Food and Drink Outlet

                          Prepared by Plan A Town Planning Pty Ltd
                                   For La Vida Restaurant




                                                                                                Version 1.0
                                                                                                 June 2021




Level 3, 16 McDougall Street, Milton Q 4064        p 07 3846 0807          abn 17 634 960 937
PO Box 1661 Milton Q 4064                          e [email protected]   www.planatownplanning.com.au
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Page 2

TABLE OF CONTENTS

1.0    SUMMARY _________________________________________________________________________ 3
2.0    APPLICATION DETAILS ______________________________________________________________ 4
  2.1    SITE AND DEVELOPMENT APPLICATION DETAILS _____________________________________ 4
  2.2    SITE ANALYSIS ___________________________________________________________________ 5
3.0    TOWN PLANNING STATUTORY CONSIDERATIONS _______________________________________ 6
  3.1    STATE GOVERNMENT CONSIDERATIONS ____________________________________________ 6
  3.1.1 Planning Act 2016 __________________________________________________________________ 6
  3.1.2 South East Queensland Regional Plan _________________________________________________ 6
  3.1.3 State Planning Policy _______________________________________________________________ 6
  3.1.4 State Development Assessment Provisions ______________________________________________ 7
  3.2    LOCAL GOVERNMENT CONSIDERATIONS ____________________________________________ 7
  3.2.1 Zoning ___________________________________________________________________________ 7
  3.2.2 Neighbourhood/ Local Plan ___________________________________________________________ 7
  3.2.3 Defined Use ______________________________________________________________________ 7
  3.2.4 Level of Assessment ________________________________________________________________ 8
  3.3    GROUNDS FOR APPROVAL_________________________________________________________ 8
4.0    PLANNING SCHEME ASSESSMENT ____________________________________________________ 9
  4.1    APPLICABLE PLANNING SCHEME CODES ____________________________________________ 9
  4.1.1 Noosa Heads Local Plan Code _______________________________________________________ 10
  4.1.2 Tourist Accommodation Zone Code ___________________________________________________ 18
  4.1.3 Business Activities Code ____________________________________________________________ 37
  4.1.4 Driveways and Parking Code ________________________________________________________ 42
  4.1.5 Earthworks Code _________________________________________________________________ 46
  4.1.6 Existing Services Code _____________________________________________________________ 46
  4.1.7 Fire Services for Common Private Title Code ___________________________________________ 46
  4.1.8 Landscaping Code ________________________________________________________________ 46
  4.1.9 Sustainable Building Design Code ____________________________________________________ 46
  4.1.10 Transport Code __________________________________________________________________ 46
  4.1.11 Water Quality and Drainage Code ____________________________________________________ 46
  4.1.12 Waterways Works Code ____________________________________________________________ 46
  4.1.13 Waste Management Code __________________________________________________________ 47
  4.1.14 Acid Sulfate Soils Overlay Code _____________________________________________________ 47
  4.1.15 Flood Hazard Overlay Code _________________________________________________________ 47
  4.1.16 Landslide Hazard Overlay Code _____________________________________________________ 47
5.0    CONCLUSION _____________________________________________________________________ 48
6.0    APPENDICES ______________________________________________________________________ 49




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Material Change of Use (Development Permit)
Food and Drink Outlet – 9 Hastings Street, Noosa Heads

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1.0       SUMMARY



This Town Planning Report has been prepared to accompany an application to Noosa Shire Council for the
purpose of a Material Change of Use for a Food and Drink Outlet, prepared by Plan A Town Planning Pty Ltd on
behalf of La Vida Restaurant over land located at 9 Hastings Street, Noosa Heads described as Lot 4 on
RP893438.

The Applicant is seeking a Development Permit for a Material Change of Use.

Council’s mapping indicates that the site is located within the Tourist Accommodation Zone of Noosa Plan 2020.

The proposal includes:
• Extension of an existing Food and Drink Outlet use on site; and
• Minor external works relating to the of the finishing of the entrance and screening.

The proposed Food and Drink Outlet will be contained within an existing building and represents an extension to
an existing use onsite.

The information contained in this report demonstrates compliance with the relevant Noosa Plan 2020
Development Codes and the proposals suitability for the site.




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Material Change of Use (Development Permit)
Food and Drink Outlet – 9 Hastings Street, Noosa Heads

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2.0       APPLICATION DETAILS



2.1 SITE AND DEVELOPMENT APPLICATION DETAILS
 SITE DETAILS
 Site Address                      9 Hastings Street, Noosa Heads
 RPD                               Lot 4 on RP893438
 Site Area                         400m2
 Current Land Use                  Commercial
 Local Government                  Noosa Shire Council

    Planning Scheme                                      Noosa Plan 2020
    Planning Scheme Zoning                               Tourist Accommodation Zone
    Planning Scheme Overlays                             Land Subject to Acid Sulfate Soils Overlay
                                                         Flood Hazard Overlay
                                                         Landslide Hazard Overlay
    Planning Scheme Local Plan                           Noosa Heads Local Plan
    Planning Scheme Local Plan Precinct                  Hastings Street Mixed Use Precinct

    APPLICATION DETAILS
    Approval Sought                                      Material Change of Use (Development Permit)
    Description                                          Food and Drink Outlet
    Level of Assessment                                  Code Assessable
    Applicant                                            La Vida Restaurant
                                                         c/- Plan A Town Planning Pty Ltd
                                                         PO Box 1661
                                                         MILTON QLD 4064

                                                         Contact Person: Josh Dixon
                                                         Phone: (07) 3846 0807
                                                         Email: [email protected]
    File Reference                                       21-199




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Material Change of Use (Development Permit)
Food and Drink Outlet – 9 Hastings Street, Noosa Heads

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2.2 SITE ANALYSIS
 Site Description
 Site Improvements                                  The has an existing restaurant on site and this will be extended.
 Topography                                         The subject site is generally flat and has a gentle slope from north to
                                                    south of approximately 1m.
    Shape of the Site                               The site is rectangular in shape.
    Site Dimensions                                 The site has street frontage of approximately 24m to Hastings Street.
    Surrounding Development in the                  Development surrounding the site is used predominantly tourist
    Locality                                        accommodations and retail activities at the street level.
    Infrastructure                                  All necessary services and infrastructure is already provided to the site.
                                                    No new facilities are required by this proposal as the site has previously
                                                    been developed.
    Access                                          Access to the site will remain as existing.
    Vegetation                                      The site does not contain any significant vegetation.
    Flooding                                        The site is identified on Council mapping as being with the Flooding and
                                                    Inundation Extent of the Flood Hazard Overlay Map.
    Easements                                       There are no easements affecting the site.

The below is an aerial photo extract that shows the location of the site –




Figure 1 – Aerial photo of subject site (Source: Nearmap)




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Material Change of Use (Development Permit)
Food and Drink Outlet – 9 Hastings Street, Noosa Heads

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3.0       TOWN PLANNING STATUTORY CONSIDERATIONS


3.1     STATE GOVERNMENT CONSIDERATIONS

3.1.1 Planning Act 2016
In accordance with the provisions of the Planning Act 2016, the application is for Material Change of Use
(Development Permit). The subject application is subject to Code Assessment.

3.1.2 South East Queensland Regional Plan
Under the South East Queensland Regional Plan, the subject site is included within the Urban Footprint. The
Urban Footprint identifies land predominantly allocated to provide for the region’s urban development needs.

The Regulatory provisions of the South East Queensland Regional Plan do not apply to the site as it is
contained within the Urban Footprint.

3.1.3 State Planning Policy
The current state interests detailed within the State Planning Policy are listed below:

Liveable communities and housing:
-      Liveable communities
-      Housing supply and diversity
Economic growth:
-      Agriculture
-      Development and construction
-      Mining and extractive resources
-      Tourism
Environment and heritage:
-      Biodiversity
-      Coastal environment
-      Cultural heritage
-      Water quality
Hazards and safety:
-      Emissions and hazardous activities
-      Natural hazards
Infrastructure:
-      Energy and water supply
-      State transport infrastructure
-      Strategic airports and aviation facilities
-      Strategic ports

As identified in Noosa Plan 2020, the Planning Minister is satisfied that the State Planning Policy (SPP) dated
July 2017 is appropriately integrated in the Noosa Council's planning scheme in accordance with the above.




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Material Change of Use (Development Permit)
Food and Drink Outlet – 9 Hastings Street, Noosa Heads

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3.1.4 State Development Assessment Provisions
The proposed development has been assessed against the State Development Assessment Provisions listed
below:
-     State Code 1. Development in a State-Controlled Road
-     State Code 2: Development in a Rail Environment
-     State Code 3: Development in a Busway Environment
-     State Code 4: Development in a Light Rail Environment
-     State Code 5: Development in a State-Controlled Transport Tunnel Environment
-     State Code 6: Protection of State Transport Networks
-     State Code 7: Maritime Safety
-     State Code 8: Coastal Development and Tidal Works
-     State Code 9: Great Barrier Reef Wetland Protection Areas
-     State Code 10: Taking or Interfering with Water
-     State Code 11: Removal, Destruction or Damage of Marine Plants
-     State Code 12: Development in a Declared Fish Habitat Area
-     State Code 13: Unexploded Ordnance
-     State Code 14: Queensland Heritage
-     State Code 15: Removal of Quarry Material from a Watercourse or Lake
-     State Code 16: Native Vegetation Clearing
-     State Code 17: Aquaculture
-     State Code 18: Constructing or Raising Waterway Barrier Works in Fish Habitats Protection
-     State Code 19: Category 3 Levees
-     State Code 20: Referable Dams
-     State Code 21: Hazardous Chemical Facilities
-     State Code 22: Environmentally Relevant Activities
-     State Code 23: Wind Farm Development
-     State Code 24: Urban Design
-     State Code 25: Development in South East Queensland Koala Habitat Areas

A copy of the SDAP Mapping Search is attached to this report. The mapping search indicates that no modules
are applicable to the subject site and therefore the application does not require referral to any state agencies.

3.2 LOCAL GOVERNMENT CONSIDERATIONS
Noosa Plan 2020 is the relevant Planning Scheme for the Local Government Area of the Noosa Shire Council.
This section provides an assessment of the proposal against the applicable Development Codes under the
Planning Scheme.

3.2.1 Zoning
The subject site is included within the Tourist Accommodation Zone of Noosa Plan 2020.

The purpose of the Tourist accommodation zone is to provide for:
 (a) short-term accommodation; and
 (b) community uses, and small-scale services, facilities and infrastructure, to support short-term
     accommodation and tourist attractions.

3.2.2 Neighbourhood/ Local Plan
The subject site is contained within the Noosa Heads Local Plan area.

3.2.3 Defined Use
The proposal is for a Food and Drink Outlet, which is defined under Noosa Plan 2020 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).”




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Material Change of Use (Development Permit)
Food and Drink Outlet – 9 Hastings Street, Noosa Heads

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3.2.4 Level of Assessment
The application is seeking approval for Material Change of Use (Development Permit) for the purpose of a Food
and Drink Outlet and is subject to Code Assessment.

3.3 GROUNDS FOR APPROVAL
The proposed development is considered appropriate for the site and beneficial to the sites future use. Reasons
that the proposal should be granted approval are as followed:

•    There is an existing Food and Drink Outlet on site and the proposal at hand represents an existing of this
     use into the adjoining tenancy;
•    The proposal at hand does not involve any external Building Works which will have any affect on the existing
     buildings streetscape presence;
•    The only external works proposed are minor finishing elements described as timber plinths on plans and
     new timber screaming to underside of existing stairs.
•    The proposed use is consistent with a uses in the wider area and along Hastings Street. Hastings Street is a
     Noosa’s main street, known for its retail, dining and night time entertainment, with numerous restaurants,
     bars uses contributing to the active streetscape.
•    The proposal is located on a Primary Active Street Frontage, being Hastings Street and will reinforce and
     facilitate this by expanding the existing Food and Drink Outlet on site.
•    The proposed Food and Drink Outlet is supportive of the overall outcomes of the Noosa Heads Local Plan
     Area and the Hasting Street Framework and Character Plan; and
•    The proposal is generally compliant with the provisions of the Noosa Plan 2020.




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Material Change of Use (Development Permit)
Food and Drink Outlet – 9 Hastings Street, Noosa Heads

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4.0       PLANNING SCHEME ASSESSMENT



4.1 APPLICABLE PLANNING SCHEME CODES
The following provides an assessment of the proposal against the relevant Planning Scheme Codes identified
above. For details of the proposal, please refer to the Proposal Plans included in the Appendix.

•     Noosa Heads Local Plan Code;
•     Tourist Accommodation Zone Code;
•     Business Activities Code;
•     Driveways and Parking Code;
•     Earthworks Code;
•     Existing Services Code;
•     Fire Services for Common Private Title Code;
•     Landscaping Code;
•     Sustainable Building Design Code;
•     Transport Code;
•     Water Quality and Drainage Code;
•     Waterway Works Code;
•     Waste Management Code;
•     Acid Sulfate Soils Overlay Code;
•     Flood Hazard Overlay Code; and
•     Landslide Hazard Overlay Code




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Food and Drink Outlet – 9 Hastings Street, Noosa Heads

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4.1.1 Noosa Heads Local Plan Code
 Performance Outcomes                  Acceptable Outcomes                Proposed Solutions
 Development in the Noosa Heads Local Plan Area generally (All Zones)
 PO1                                                                      PO1 Complies
 Development enhances the role of      No acceptable outcome provided     The proposal at hand is for an
 Noosa Heads as the principal focus                                       extension to an existing Food and
 for visitor accommodation and                                            Drink Outlet and will enhance the
 services in Noosa Shire with high                                        role of the Noosa Heads as the
 levels of accessibility to outdoor                                       principal focus for visitor
 recreational pursuits and urban                                          accommodation and more
 services.                                                                specifically Hastings Street as the
                                                                          main street.
 PO2                                                                      PO2 Complies
 Development contributes to the        No acceptable outcome provided     The proposal at hand is for an
 lifestyle and amenity of residents of                                    extension to an existing Food and
 Noosa Heads and its surroundings                                         Drink Outlet and will service the
 and services coastal communities                                         needs of tourists and residents
 to the south-east.                                                       while contributing to the lifestyle
                                                                          of Noosa Heads.
 PO3                                   AO3.1                              AO3.1 Not Applicable
 Development contributes to the        Development adjacent to a          The proposal at hand is not
 establishment of attractive           gateway or special place or on     located adjacent a gateway or
 streetscapes to enhance the           land identified as a key corner in special place.
 character of Noosa Heads.             Figure 7.2.5.4 (Noosa Junction
                                       Framework and Character plan)
                                       or Figure 7.2.5.5 (Hastings Street
                                       Framework and Character plan):

                                                      1. incorporates architectural
                                                           and landscape treatments
                                                           which emphasise the corner
                                                           location as shown in Figure
                                                           AP3-10A and Figure AP3-
                                                           10B; and
                                                      2. incorporates building
                                                           materials such as varied roof
                                                           forms, changes in materials
                                                           and variations in projected
                                                           and recessed elements and
                                                           facades.
                                                     AO3.2                                 AO3.2 Complies
                                                     Development adjacent to a             The proposal at hand is adjacent
                                                     primary streetscape treatment         to a primary streetscape
                                                     area on Figure 7.2.5.4 (Noosa         treatment area and will not alter
                                                     Junction Framework and
                                                     Character plan) or Figure 7.2.5.5     the existing streetscape finishes.
                                                     (Hastings Street Framework and        The proposal at hand is for a
                                                     Character plan) provides              Material Change of Use within an
                                                     streetscape improvements which        existing building only.
                                                     are appropriate to the location,      The only proposed external works
                                                     setting and context of the
                                                     development and complement            relate to the of the flooring
                                                     existing or proposed streetscape      finishing fronting Hastings Street
                                                     works in the local area.              and some minor screening works.

                                                     AO3.3
                                                     Development on Key
                                                     Development Sites identified on
                                                     Figure 7.2.5.4 (Noosa Junction



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Material Change of Use (Development Permit)
Food and Drink Outlet – 9 Hastings Street, Noosa Heads

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                                                     Framework and Character Plan)               AO3.3 Not Applicable
                                                     incorporates a high standard of             The proposal at hand is not
                                                     architectural design and                    located on a site identified as
                                                     landscape treatment consistent
                                                     with the streetscape character.             being a Key Development site.

                                                     Editor’s Note— For further guidance and
                                                     context in interpreting the Framework and
                                                     Character Plans please refer to PSP7 -
                                                     Framework and Character Plans.
 PO4                                                 AO4                                         AO4 Not Applicable
 The visual amenity and character                    Development adjacent to the                 The proposal at hand adjoins
 surrounding the major road network                  major road network, particularly            Hastings Street which is not
 and entrance roads, is protected                    Sunshine Beach Road, Eenie                  considered to be a major road.
 and enhances the entrances to                       Creek Road, Noosa Drive and
 Noosa Heads.                                        Noosa Parade 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                                         AO5 Not Applicable
 Development retains enhances the                    Development retains and                     The proposal is located on a
 existing mature trees and character                 enhances existing mature trees              previously developed site and
 vegetation contributing to the                      and character vegetation                    there is no vegetation on site.
 vegetated backdrop, character and                   contributing to the vegetated               Further, the proposal at hand will
 habitat values of the local area.                   backdrop, character and habitat             not alter any of the existing street
                                                     values of the local plan area,              trees.
                                                     including:-

                                                      1. Noosa National Park and
                                                         Weyba Creek conservation
                                                         areas;
                                                      2. the vegetated hills which
                                                         frame Noosa Heads, Laguna
                                                         Bay, Noosa Inlet and
                                                         Hastings Street;
                                                      3. the foreshore areas of the
                                                         Noosa River, Lake Weyba,
                                                         Weyba Creek and their
                                                         associated riparian
                                                         communities;
                                                      4. Noosa Spit/Noosa Woods;
                                                      5. street trees along Hastings
                                                         Street;
                                                      6. the vegetated drainage lines
                                                         through residential estates;
                                                         and
                                                      7. other character vegetation
                                                         where identified in Figure
                                                         7.2.5.4 (Noosa Junction
                                                         Framework and Character
                                                         plan) or Figure 7.2.5.5
                                                         (Hastings Street Framework
                                                         and Character plan)
 PO6                                                 AO6.1                                       AO6.1-AO6.4 Not Applicable
 Development retains significant                     Development does not intrude                The proposal at hand is for the
 views and vistas contributing to the                upon important gateways and                 purpose of a Material Change of



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Material Change of Use (Development Permit)
Food and Drink Outlet – 9 Hastings Street, Noosa Heads

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 setting and character of the local                  sightlines including:                 Use contained wholly within an
 plan area.                                           1. significant views to the          existing building and will not have
                                                           ocean, Noosa River and          any affect on the existing
                                                           coastal lowlands from           sightlines or views.
                                                           streets, beaches and other
                                                           public places;
                                                      2. the vegetated backdrop of
                                                           Noosa Hill as seen from
                                                           Noosa Main Beach and the
                                                           Hastings Street area;
                                                      3. views from Hastings Street
                                                           to Main Beach;
                                                      4. vistas over Laguna Bay and
                                                           to the Noosa National Park
                                                           and the vegetation stands
                                                           and hills within Little Cove;
                                                      5. the scenic view of Noosa
                                                           National Park and Weyba
                                                           Creek from Cooloola and
                                                           Weyba Park Estates; and
                                                      6. vistas across Noosa River
                                                           from Noosa Sound.

                                                     AO6.2
                                                     For Noosa Junction Major Centre
                                                     and Hastings Street Visitor
                                                     Centre, buildings and structures
                                                     do not significantly interrupt or
                                                     encroach upon key contextual
                                                     views as identified on Figure
                                                     7.2.5.4 (Noosa Junction
                                                     Framework and Character plan)
                                                     and Figure 7.2.5.5 (Hastings
                                                     Street Framework and Character
                                                     plan) and shown in Figure 7.2.5.7,
                                                     Figure 7.2.5.8, and Figure
                                                     7.2.5.10.

                                                     AO6.3
                                                     Buildings and other structures
                                                     visible from the beach or public
                                                     spaces use materials and finishes
                                                     that complement the beachside
                                                     character and integrate with the
                                                     surrounding natural landscape
                                                     and skyline vegetation.

                                                     AO6.4
                                                     Views of building or structures
                                                     from the beach are framed or
                                                     filtered through vegetation.
                                                     Editor's note— Refer to Figure
                                                     AP3- 3A
 Built Form and Streetscape
 PO7                                                 AO7.1                                 AO7.1-AO7.5 Not Applicable
 Buildings, structures and                           Development takes the form of         The proposal at hand does not
 landscaping is integrated with the                  small separate buildings rather       involve any changes to existing
 natural landscape and reflect the                   than large single bulky buildings,    built form.
 beachside, riverside or hillside                    stepping down slopes where
 character and setting of the local                  applicable and not visually


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Food and Drink Outlet – 9 Hastings Street, Noosa Heads

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 plan area in terms of form,                         dominating the street, beachfront,
 composition and protection of                       riverfront, adjacent properties,
 neighbourhood amenity.                              surrounding spaces or the
                                                     existing skyline.

                                                     AO7.2
                                                     Buildings and structures have a
                                                     scale and building height
                                                     consistent with development on
                                                     adjoining and surrounding land.

                                                     AO7.3
                                                     Buildings and structures preserve
                                                     the amenity of adjoining land
                                                     including sunlight to neighbouring
                                                     properties.

                                                     AO7.4
                                                     Development respects the scale
                                                     of surrounding vegetation and
                                                     maximises the opportunity for
                                                     retention of existing vegetation
                                                     and incorporates soft landscaping
                                                     between buildings.

                                                     AO7.5
                                                     Buildings and structures:
                                                      1. incorporate articulated roof
                                                          forms which are visible from
                                                          the street;
                                                      2. incorporate a mix of
                                                          lightweight and textured
                                                          external building materials or
                                                          materials that reflect the
                                                          natural environment such as
                                                          timber and rock face;
                                                      3. provide variation through
                                                          articulation, texture and
                                                          detailing;
                                                      4. incorporate verandahs, open
                                                          balconies or shaded patios
                                                          for outdoor living, with open,
                                                          transparent or semi-open
                                                          balustrades;
                                                      5. use understated colour
                                                          schemes and low-reflective
                                                          roofing and cladding
                                                          materials.

                                                     Editor's note— Refer to Figure AP3-3A
 Centres and Services
 PO8                                                                                         PO8 Complies
 The Noosa Heads local plan area is                  No acceptable outcome provided          The proposal at hand will not
 serviced by the following centres                                                           compromise the functioning of the
 that provide business,                                                                      existing centres.
 entertainment and community
 activities consistent with the Noosa
 Shire Centres Hierarchy:

     1. Noosa Junction Major centre;


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Material Change of Use (Development Permit)
Food and Drink Outlet – 9 Hastings Street, Noosa Heads

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   2. Quamby Place
      Neighbourhood centre; and
   3. Hastings Street Visitor centre.
 PO9                                                 AO9.1                                        AO9.1-AO9.2 Not Applicable
 Noosa Junction is a major activity                  Development in Noosa Junction is             The proposal at hand is not
 centre servicing the coastal part of                to be generally in accordance with           located in the Noosa Junction.
 Noosa Shire providing a wide range                  Figure 7.2.5.4 ( Noosa Junction
 of centre activities and employment                 Framework and Character Plan).
 including:
   1. retail uses of supermarkets                    AO9.2
      and specialty retail;                          The redevelopment of the former
   2. commercial and professional                    Bowls site in Noosa Junction
      office space;                                  includes the dedication of land
   3. creative industries;                           zoned Recreation and Open
   4. education;                                     Space Zone with a minimum area
   5. health and wellbeing;                          of 1,000m2 to be located generally
   6. entertainment activities;                      in accordance with Figure 7.2.5.4
   7. small dwellings in mixed-use                   (Noosa Junction Framework and
      format;                                        Character Plan).
   8. high quality open space and
      public realm; and
   9. a transport hub.
 PO10                                                AO10                                         AO10 Not Applicable
 Development reinforces the main                     Development on Sunshine Beach                The proposal at hand is located
 street character of Hastings Street,                Road between Noosa Drive and                 on Hastings Street.
 Sunshine Beach Road, Arcadia                        Berrima Row, Arcadia Street, the
 Street and the northern side of                     northern side of Lanyana Way
 Lanyana Way with a pedestrian                       and Hastings Street is attractive,
 scale of development and visual                     vibrant and pedestrian friendly.
 linkages to open space and natural
 areas such as Noosa National                        Editor's note— Refer to Figure 7.2.5.6
                                                     and Figure 7.2.5.9 for character and built
 Park, Noosa Hill and Noosa Main                     form outcomes for Hastings Street and
 Beach and Pinaroo Park.                             Sunshine Beach Road.
 PO11                                                AO11                                         AO11 Not Applicable
 Development in a Centre zone or                     Development:                                 The proposal at hand is located
 Tourist Accommodation zone in                                                                    on Hastings Street however does
 Hastings Street:                                        1. respects the layout, scale            not involve any changes to
   1. is sympathetic to the existing                        (including height and                 existing built form.
      character, streetscape and                            setback) and character of
      built form;                                           development on adjoining
   2. contributes to the variety of                         sites;
      low set and walk up building                       2. includes detailing and
      styles in the streetscape;                            articulation for horizontal
   3. creates vibrant and active                            emphasis;
      streets and public spaces; and                     3. provides a fine scale of built
   4. provides integrated and                               form;
      functional car parking and                         4. provides active street
      access arrangements that do                           frontages where identified as
      not dominate the street.                              primary active street
                                                            frontage on Figure 7.2.5.4
                                                            (Noosa Junction Framework
                                                            and Character plan) or
                                                            Figure 7.2.5.5 (Hastings
                                                            Street Framework and
                                                            Character plan) that
                                                            incorporate shopfronts,
                                                            indoor/outdoor cafes and
                                                            restaurants and other
                                                            activities that are likely to
                                                            foster casual, social and


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Food and Drink Outlet – 9 Hastings Street, Noosa Heads

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                                                            business interaction for
                                                            extended periods. Refer to
                                                            Figure AP3-8A for design
                                                            outcomes for active
                                                            streetscapes.
                                                         5. has building openings
                                                            overlooking the street and
                                                            addressing key corners as
                                                            indicated on Figure 7.2.5.4
                                                            (Noosa Junction Framework
                                                            and Character plan) or
                                                            Figure 7.2.5.5 (Hastings
                                                            Street Framework and
                                                            Character plan) and Figure
                                                            AP3-7A; and
                                                         6. includes the provision of
                                                            landscaping, shaded seating
                                                            and consistent and simple
                                                            paving materials on
                                                            footpaths consistent with the
                                                            character of its setting
                                                            including where shown as
                                                            primary streetscape
                                                            treatment area on Figure
                                                            7.2.5.4 (Noosa Junction
                                                            Framework and Character
                                                            plan) or Figure 7.2.5.5
                                                            (Hastings Street Framework
                                                            and Character plan).
 PO12                                                                                       PO12 Not Applicable
 Development in the Neighbourhood                    No acceptable outcome provided         The proposal at hand is not
 Centre zone at Quamby Place                                                                located at Quamby Place.
 provides dining options and lower
 order goods and services to
 support the day-to-day needs of
 residents and visitors.
 PO13                                                AO13.1                                 AO13.1-AO13.3 Not Applicable
 Development is high quality, low                    Pedestrian pathways in and             The proposal at hand is located
 rise and pedestrian focussed                        around Hastings Street are             on Hastings Street however, does
 reinforcing the character of                        maintained for pedestrians as the      not change any of the pedestrian
 Hastings Street as a principal focal                priority and business activities       or vehicle movement
 point for visitors.                                 extending to pathways is limited in    arrangements. The proposal does
                                                     extent.                                not decrease the amount of public
                                                                                            open space in or around Hastings
                                                     AO13.2                                 Street.
                                                     There is no decrease in the
                                                     amount of public open space in or
                                                     around Hastings Street.

                                                     AO13.3
                                                     Vehicular access to Hastings
                                                     Street is gained via Noosa Drive
                                                     only.
 PO14                                                                                       PO14 Not Applicable
 Development within the Community                    No acceptable outcome provided         The proposal at hand is located
 Facilities zone contributes to                                                             within the Tourist Accommodation
 community infrastructure, utilities                                                        Zone
 and services.
 PO15                                                                                       PO15 Not Applicable
 Office and retail businesses in                     No acceptable outcome provided         The proposal at hand is not for


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 Noosa Heads are typically of a                                                         the purpose of an office or retail
 smaller scale while large floorplate                                                   business.
 and land intensive uses including
 showrooms, bulky goods and
 outdoor sales are more
 appropriately located in Noosaville.
 Housing Choice
 PO16                                                AO16                               PO16-PO18 Not Applicable
 Residential development within the                  Residential dwellings within the   The proposal at hand is for a
 Major Centre zone incorporates                      Major Centre zone:                 Material Change of Use for
 small dwellings that provide long                    1. do not exceed a floor area     extensions to an existing Food
 term housing for employees and                           of 100m2; and                 and Drink Outlet use within an
 students.                                            2. are part of a mixed-use        existing building and does not
                                                          development with non-         involve any residential
                                                          residential uses at the       component.
                                                          ground level.
 PO17
 Sites currently used or approved for                No acceptable outcome provided
 residential care facilities continue to
 provide such services into the
 future.
 PO18
 Development in the Low Density                      No acceptable outcome provided
 Residential zone maintains a high
 level of residential amenity for
 permanent residents.
 Visitor Facilities
 PO19                                                                                   PO19 Not Applicable
 Development in the Tourist                          No acceptable outcome provided     The proposal at hand is for a
 Accommodation zone and other                                                           Material Change of Use for
 resort complexes provide visitor                                                       extensions to an existing Food
 accommodation into the future to                                                       and Drink Outlet use within an
 preserve and support the role of                                                       existing building and does not
 Noosa Heads as a tourism focus                                                         involve any residential
 area.                                                                                  component.
 Noosa River
 PO20                                                No acceptable outcome provided.    PO20 Not Applicable
 Commercial development on or                                                           The proposal at hand is not
 adjacent to the Noosa River:                                                           located on or adjacent the Noosa
  1. provides for uses for marine                                                       River.
       facility purposes only,
       including water transport and
       boat hire;
  2. is compatible with the scenic
       values of the waterway;
  3. provides a high level of
       amenity, including ensuring
       low ambient noise levels;
  4. does not increase the overall
       scale and intensity of
       commercial operations;
  5. ensures no net increase in
       gross floor area of building
       and structures;
  6. uses materials, natural
       finishes and colours that blend
       with the surrounding natural
       landscape; and




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  7. reflects the character and
       setting of the waterfront
       locality (such as timber and tin
       construction with a traditional
       pitched roof design).
 PO21                                                AO21.1                                AO21.1-AO21.2 Not Applicable
 Commercial development on and                       No additional commercial leases       The proposal at hand is not
 adjacent to the Noosa River is not                  are created on or adjacent to the     located on or adjacent the Noosa
 increased or expanded beyond                        Noosa River.                          River.
 existing building footprints and
 structures within existing lease                    AO21.2
 areas.                                              Development does not increase
                                                     the overall building footprint,
                                                     gross floor area or height of
                                                     buildings or structures associated
                                                     with commercial jetties.
 PO22                                                                                      PO22 Not Applicable
 The loading and unloading of                        No acceptable outcome provided.       The proposal at hand does not
 passengers and boat docking is                                                            involve the loading or unloading of
 confined to the commercial lease                                                          passengers from a boat.
 areas of the respective commercial
 operation.
 Access & Connectivity
 PO23                                                AO23                                  AO23 Not Applicable
 Development integrates with and                     Development on land including or      The proposal is not located
 extends the existing street and                     adjoining a key pedestrian/cycle      adjoining a Key Pedestrian or
 pathway networks including but not                  link shown on Figure 7.2.5.4          Cycle Link.
 limited to those identified on Figure               (Noosa Junction Framework and
 7.2.5.4 (Noosa Junction Framework                   Character plan) and Figure
 and Character plan) and Figure                      7.2.5.5 (Hastings Street
 7.2.5.5 (Hastings Street Framework                  Framework and Character plan)
 and Character plan) such that                       facilitates these connections.
 connections to and between key
 local destinations are provided and
 reinforced.
 PO24                                                AO24                                  AO24 Not Applicable
 Development of Lot 3 on                             A link road is constructed to         The proposal at hand is not
 RP884396, being the former Noosa                    Council's specifications as part of   located on the identified site.
 Heads bowls club, provides a new                    the first stage of re-development
 road link connecting Noosa Drive                    of Lot 3 RP884396 generally in
 near Pinnaroo Park to Lanyana                       accordance with Figure 7.2.5.4
 Way to improve local connectivity.                  (Noosa Junction Framework and
                                                     Character Plan) and is dedicated
                                                     to Council at no cost.
 PO25                                                                                      PO25 Complies
 Development:                                        No acceptable outcome provided        The proposal at hand is for a
                                                                                           Material Change of Use for an
     1. avoids the generation of                                                           extension to an existing Food and
        excessive traffic or amenity                                                       Drink Outlet and is not expected
        impacts on Hastings Street,                                                        to generate any significant
        Noosa Parade or Noosa Drive;                                                       amounts of traffic or have any
     2. avoids through traffic on                                                          adverse impacts on the road
        residential streets;                                                               network compared to the existing
     3. maintains Hastings Street as a                                                     Food and Drink Outlet and retail
        narrow traffic way;                                                                uses on site. No changes to
     4. minimises the potential for                                                        carparking are proposed as part
        conflict between pedestrian                                                        of the proposal at hand.
        and vehicular traffic by
        consolidating, rather than



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Page 18

       increasing vehicular access
       points across footpaths; and
  5. ensures car parking does not
       dominate the streetscape.
 Environment, natural resources and recreation
 PO26                                 AO26                                              AO26 Not Applicable
 Development has no significant       Connecting Habitat Areas as                       The site is not located within a
 adverse impacts on biodiversity,     identified on Map SFM-4 -                         Connecting Habitat Area identified
 natural vegetation, native fauna     Biodiversity (Strategic                           on Map SFM-4 – Biodiversity
 habitat, landscape quality, water    Framework) are protected from                     (Strategic Framework).
 quality or cultural heritage values, fragmentation and encroachment
 including those related to—          by development.
  1. changes to natural drainage;
  2. disturbance to any wetland
       system;
  3. management of fire risk;
  4. erosion and the transport of
       sediments off site;
  5. unmanaged public access;
  6. changes to fauna habitat and
       behaviour.
 PO27                                 AO27                                              AO27 Not Applicable
 Development maintains and            Open space corridors identified as                The site is not located within an
 protects an integrated open space    Ecological Linkages and Major                     identified Open Space Corridor.
 network to—                          Recreation areas on Map SFM-1 -
  1. provide passive and active       Settlement and Map SFM-4 -
       recreational pursuits;         Biodiversity (Strategic
  2. provide connectivity for         Framework) are enhanced and
       pedestrians and cyclists;      protected from fragmentation and
  3. provide habitat connectivity for encroachment by development.
       wildlife and fish passage;
  4. protect watercourses and
       drainage lines;
  5. protect vegetation on steep
       slopes; and
  6. form a scenic backdrop for
       residential development.

4.1.2 Tourist Accommodation Zone Code
 Performance Outcomes                 Acceptable Outcomes                               Proposed Solutions
 Role and function
 PO1                                                                                    PO1 Complies
 Development provides a focus for     No acceptable outcome provided.                   The proposal at hand is for an
 visitor accommodation and a range                                                      extension to an existing Food and
 of ancillary retail, food and                                                          Drink Outlet and contributes to the
 beverage and entertainment uses                                                        range of retail, food and beverage
 that contribute to the tourism focus                                                   and entertainment uses ancillary
 of Noosa Shire.                                                                        to the tourist accommodation
                                                                                        nearby.
 PO2                                                 AO2                                AO2 Complies
 Development provides for a range                    Development provides for one or    The proposal at hand is within an
 of visitor accommodation activities                 more of the following activities   existing building currently
 and non-residential uses                            which may be in conjunction with   occupied by Food and Drink
 accommodated in mixed-use                           non-residential uses in a mixed-   Outlets and retail tenancies. The
 buildings, where such activities are                use building format:               proposal at hand will not have any
 compatible with and ancillary to the                                                   adverse impacts on the wider
 predominant functions of the zone                    1. resort accommodation;          resort or surrounding tourist
 as visitor accommodation.                            2. short-term accommodation.      accommodation.
 PO3                                                 AO3.1                              AO3.1-A03.2 Complies


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 Business uses are secondary to                      Businesses offer food and drink        The proposal at hand is for the
 accommodation uses and support                      outlets, small scale retail and        extension of an existing Food and
 recreational activities and                         entertainment activities to            Drink Outlet and is not for the
 surrounding accommodation                           residents and visitors.                purpose of an office or
 facilities without compromising or                                                         commercial use.
 competing with Major Centres or                     AO3.2
 District Centres.                                   Banks, professional offices,
                                                     supermarkets, discount
                                                     department stores, showrooms,
                                                     hardware stores and health care
                                                     services do not establish in the
                                                     Tourist accommodation zone.
 PO4                                                                                        PO4 Complies
 Development fronting Hastings                       No acceptable outcome provided         The proposal at hand is for an
 Street, Duke Street and parts of                                                           extension to an existing Food and
 Gympie Tce, reinforces the role of                                                         Drink Outlet and is considered
 Noosa Shire as a major coastal                                                             appropriate for the location.
 tourism destination and visitor
 accommodation area, providing a
 range of small-scale boutique retail
 and outdoor dining experiences
 with accommodation above, and
 strong visual and pedestrian
 linkages with the beach and Noosa
 River foreshore area and nearby
 community uses.
 Noosaville
 PO5                                                 AO5                                    AO5 Not Applicable
 Development is predominantly of a                   Non-residential uses are limited to    The proposal at hand is located
 residential nature to accommodate                   Gympie Terrace, Weyba Road             on Hasting Street.
 visitors with ancillary uses limited to             and Thomas Street, where:
 Gympie Terrace, Thomas Street
 and Weyba Road.                                         1. Development has a non-
                                                            residential activity
                                                            component of no more than
                                                            20% of the gross floor area
                                                            on the site;
                                                         2. Uses on the ground floor
                                                            are commercial with uses
                                                            above the ground floor
                                                            predominately residential;
                                                            and
                                                         3. For sites not designated as
                                                            having a primary active
                                                            street frontage as shown on
                                                            Figure 7.2.4.4 (Noosaville
                                                            Framework and Character
                                                            Plan), the number of non-
                                                            residential tenancies
                                                            developed on a site does not
                                                            exceed the rate of one per
                                                            12 accommodation units or
                                                            dwellings, provided that non-
                                                            residential uses with a use
                                                            area over 100m² are
                                                            calculated as one tenancy
                                                            per 100m2 or part thereof.
 Hastings Street Mixed Use
 Precinct                                            AO6.1                                  PO6.1-AO6.2 Complies
 PO6                                                 The number of non-residential          The proposal at hand is for an


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Page 20

 For Hastings Street Mixed Use                       tenancies developed on a site        extension to an existing Food and
 Precinct uses above the ground                      provides a ratio of at least 20      Drink Outlet located on the
 floor are predominantly of a                        accommodation units or dwellings     ground floor only and is not
 residential nature to accommodate                   to one non residential tenancy,      required to provide any further
 visitors.                                           provided that non-residential uses   residential uses.
                                                     with a use area over 100m² are
                                                     calculated as two tenancies.

                                                     AO6.2
                                                     New non-residential uses are
                                                     limited to the ground floor. Refer
                                                     to Figure 6.3.4.4 showing the
                                                     mixed-use character outcomes for
                                                     the Hastings Street Mixed Use
                                                     Precinct.
 PO7                                                                                      PO7 Not Applicable
 The following sites are protected for               No acceptable outcome provided       The proposal at hand is located at
 the purpose of a resort complex or                                                       9 Hastings Street, Noosa Heads
 short-term accommodation to the                                                          and is not identified as protected
 general exclusion of permanent                                                           for the purpose of a resort
 residents:                                                                               complex.

     1. located within the Hastings
         Street Mixed Use Precinct;
     2. on Lot 1 SP286680, 215 David
         Low Way, Peregian Beach;
     3. all lots on SP151409 and
         SP190823, 3-5 Morwong
         Drive, Noosa Heads, (Viridian
         Noosa Resort);
     4. on Lots 10 or 11 SP195871,
         3–7 Serenity Close, Noosa
         Heads (Settlers Cove resort
         site);
     5. on Lot 203 SP267424, 94
         Noosa Drive, Noosa Heads
         (RACV Resort );
     6. on Lots 201, 8000 and
         common property on
         SP290680, 75 Resort Drive,
         Noosa Heads (Parkridge
         Noosa);
     7. on GTP102758, 73 Hilton
         Terrace, Noosaville (Ivory
         Palms Resort);
     8. on SP115731, 3 Hilton
         Terrace, Tewantin (Noosa
         Lakes Resort);
     9. on Lot 2 RP135678, 1 Beach
         Road, Noosa North Shore;
     10. on Lot 2 SP186169, 30 Beach
         Rd, Noosa North Shore;
     11. at Lot 500 SP215779, Lot 500
         SP186174 or is not any of the
         Beach Road Holiday Homes,
         90 Beach Road, Noosa North
         Shore;
     12. Lot 2 on RP865533, 2 Halse
         Lane, Noosa Heads (Halse
         Lodge).


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  13. Lot 4 on SP178340 at 61
      Noosa Springs Drive, Noosa
      Heads.
 PO8                                                                                         PO8 Not Applicable
 Lot 1 SP286680, 215 David Low                       No acceptable outcome provided          The proposal at hand is over land
 Way, Peregian Beach provides for                                                            located at 9 Hastings Street,
 a diversity of short-term                                                                   Noosa Heads.
 accommodation types, including
 low-cost visitor accommodation, to
 cater for a range of visitor
 accommodation experiences.
 Built form
 Building Height
 PO9                                                 AO9.1                                   AO9.1-AO9.2 Not Applicable
 Buildings and other structures:                     Buildings and other structures          The proposal at hand does not
                                                     have a building height of no more       involve any changes to the
     1. are low rise and present a                   than:                                   existing buildings built form.
        building height consistent with
        structures on adjoining and                      1. Noosa Heads– 12 metres
        surrounding premises;                               with the exception of:
     2. do not visually dominate the                     2.
        street or surrounding areas;                         1. Lots 10 and 11
     3. preserve the amenity of                                   SP195871, Serenity
        surrounding premises                                      Close where building
        including privacy, views and                              height is no more than
        access to sunlight;                                       15 metres; and
     4. respect the scale of any                             2. Lot 3 SP126203, Lot
        nearby vegetation, retaining a                            203 SP267424, and
        vegetated skyline;                                        any lot on SP203415 or
     5. respond to the topography of                              SP203417, 94 - 142
        the site;                                                 Noosa Drive; and Lot 2
     6. have a maximum building                                   on RP865533, 2 Halse
        height of:                                                Lane where building
         1. Noosaville– three storeys                             height is no more than
              and appear no more than                             8 metres; and
              three storeys from any                         3. the northern side of
              elevation; or                                       Hastings Street:
         2. Coastal Communities –                                  1. within 7 metres of
               1. Sunshine Beach–                                      the Hastings St
                   three storeys ;                                     alignment –
               2. Peregian Beach-                                      building height is
                   two storeys; or                                     no more than 6
         3. Noosa Heads—three                                          metres;
              storeys with the                                     2. balance area of
              exception of:                                            the site – building
               1. Lots 10 and 11                                       height is no more
                   SP195871, Serenity                                  than 15 metres
                   Close where a                                       with a 12 metres
                   maximum height of                                   presentation to the
                   four storeys is                                     beach; and
                   permitted;                                4. the southern side of
               2. Lot 3 SP126203,                                 Hastings Street:
                   Lot 203 SP267424,                               1. within 10 metres
                   and all lots on                                     of the Hastings St
                   SP203415 or                                         or Noosa Drive
                   SP203417, 94 - 142                                  alignments –
                   Noosa Drive; and                                    building height of
                   Lot 2 on RP865533,                                  no more than 6
                   2 Halse Lane where                                  metres;
                   a maximum height


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               of two storeys is                                  2. balance area of
               permitted;                                              the site – building
           3. the northern side of                                     height of no more
               Hastings Street                                         than 15 metres; or
               within 7 metres of                        3. Noosaville and Sunshine
               the Hastings St                              Beach – building height of no
               alignment – two                              more than 12 metres; or
               storeys; and                              4. Noosa North Shore,
               balance area of site                         Peregian Beach, Boreen
               four storeys                                 Point and Tewantin– building
               excluding where                              height of no more than 8
               fronting the beach                           metres.
               where buildings
               have a three storey                   AO9.2
               presentation to the                   Where excavation is required, the
               beach; or                             maximum portion of the exposed
           4. the southern side of                   external façade of the building
               Hastings Street                       cannot exceed the building height
               within 10 metres of                   in AO9.1
               the Hastings St or
               Noosa Drive                           Editor's note—refer to figure AP3-13A
               alignments – two
               storeys; and                          Alternative provision to the
               balance area of the                   QDC
               site – four storeys;
               or
       4. Noosa North Shore,
          Boreen Point and
          Tewantin – two storeys.
 Building Scale and Bulk
 PO10                                                                                        PO10 Not Applicable
 Development:                                        No acceptable outcome provided          The proposal at hand does not
                                                                                             involve any changes to built form.
  1. is of a scale compatible with
     surrounding development and
     the particular circumstances of
     the site; and
  2. does not present an
     appearance of bulk to
     adjacent properties, roads or
     other areas in the vicinity of
     the site.
 PO11                                                AO11                                    AO11 Not Applicable
 The maximum site cover does not                     For a dwelling house, site cover        The proposal at hand is not for
 exceed:                                             does not exceed 40% of the site         the purpose of a dwelling house.
  1. 45% in the Hastings Street                      area.
     mixed use precinct ; or
  2. 45% where a mixed use                           Alternative provision to the
     development incorporating                       QDC
     non-residential uses with
     frontage to:
       1. 185-207 Gympie Terrace
           or, 235-257 Gympie
           Terrace, Noosaville; or
       2. Thomas St, Noosaville;
           or
       3. Duke Street, Sunshine
           Beach; or
  3. 40% where not listed above.
 PO12                                                AO12.1                                  AO12.1-AO12.2 Not Applicable


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Material Change of Use (Development Permit)
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 The maximum plot ratio does not                     For a dwelling house on Noosa        The proposal at hand is not for
 exceed:                                             North Shore there is no increase     the purpose of a dwelling house.
                                                     in gross floor area beyond
     1.    In Noosa Heads –                          buildings in existence on the date
            1. 1.12:1 of the site area if            of the commencement of the
                in the Hastings Street               planning scheme.
                mixed use precinct;
            2. 1:1 of the site area if on            OR
                Lots 10 and 11
                SP195871, Serenity                   AO12.2
                Close;                               For a dwelling house in any
            3. 0.4:1 of the site area if on          locality other than Noosa North
                SP190823, SP151409,                  Shore plot ratio does not exceed
                SP174665, Viewland                   0.65:1.
                Drive;
            4. 0.4:1 of the site area if on
                Lots 6 and 7 on
                SP178340 Resort Drive
                being the Noosa Springs;
            5. 0.4:1 of the site area if on
                Lot 2 on RP865533,
                Halse Lane;
            6. 0.65:1 of the site area if
                on Lot 3 SP126203, Lot
                203 SP267424,
                SP203417, 94 Noosa
                Drive; or
            7. 0.65:1 of the site area
                where not listed above.
     2.   In Tewantin and Boreen Point
          – 0.65:1 of the site area.
     3.   In Coastal Communities –
          0.65:1 of the site area
          excluding Duke Street,
          Sunshine Beach where it is
          0.8:1 of the site area.
     4.   In Noosaville:
            1. where a mixed use
                buildings incorporating
                non-residential uses,
                0.8:1 of the site area for
                properties from 185-207
                Gympie Terrace, and
                235-257 Gympie Tce, or
                with frontage to Thomas
                Street Noosaville; or
            2. 0.65:1 of the site are
                where not listed above.
     5.   On Noosa North Shore the
          gross floor area does not
          exceed-
              1. for 30 Beach Road,
                  described as Lot 2
                  SP186169 - 2770m2;
              2. for 90 Beach Road,
                  described as Lot 500
                  SP215779 - 3786m2;
              3. otherwise - no increase
                  to gross floor area
                  beyond buildings in


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Material Change of Use (Development Permit)
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Page 24

                 existence on the date of
                 the commencement of
                 the planning scheme.
 Setbacks
 PO13                                                AO13.1                                  AO13.1-AO13.2 Not Applicable
 Buildings and other structures are                  Except where otherwise specified        The proposal at hand does not
 designed and sited to:                              in a local plan code, buildings and     involve any changes to built form.
                                                     structures meet the following
     1. provide a high level of amenity              minimum boundary setbacks:
        to users of the subject site and
        adjoining premises, including                In the Coastal Communities
        provision of visual and                      Local Plan Area - West of David
        acoustic privacy;                            Low Way, Peregian Beach:
     2. not unreasonably obstruct
        views or cause overlooking of                    1. 2 metres from the front
        private open space or                               boundary for the ground
        habitable areas of adjoining                        floor;
        premises;                                        2. 6 metres from the front
     3. provide adequate distance                           boundary for the second
        from adjoining land uses;                           storey;
     4. preserve existing vegetation                     3. 9 metres from the front
        that will help buffer                               boundary for the third storey;
        development;                                     4. 3 metres from side
     5. allow for space and                                 boundaries;
        landscaping to be provided                       5. 6 metres from the rear
        between buildings including                         boundary for buildings up to
        adequate area at ground level                       two storeys; and
        for landscaping with trees,                      6. 10 metres from the rear
        shrubs, outdoor living and                          boundary for the third storey.
        utilities;
     6. be consistent with the                       In the Coastal Communities
        predominant character of the                 Local Plan Area - Duke Street,
        surrounding area, maintaining                Sunshine Beach:
        the visual continuity and
        pattern of buildings and                         1. 0 metres from the front
        landscape elements within the                       boundary for the ground
        street; and                                         floor;
     7. protect the natural character                    2. 2m from the front boundary
        and avoid adverse impacts on                        for the second storey or 0m
        ecologically important areas                        where there is an open
        such as the beach, Noosa                            balcony along the entire
        River, national parks and other                     frontage at least 2.5m wide;
        parklands.                                       3. 6 metres from the front
                                                            boundary for the third storey;
                                                         4. 0 metres from side
                                                            boundaries for ground and
                                                            second storey and 1m for
                                                            third storey;
                                                         5. 6 metres from the rear
                                                            boundary for buildings up to
                                                            two storeys; and
                                                         6. 10 metres from the rear
                                                            boundary for the third storey.

                                                     In the Noosa Heads Local Plan
                                                     Area (excluding the Hastings
                                                     Street Mixed Use Precinct):




24

Material Change of Use (Development Permit)
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Page 25

                                                         1. 6 metres from the front
                                                            boundary for up to two
                                                            storeys;
                                                         2. 10 metres from the front
                                                            boundary for the third and
                                                            fourth storey;
                                                         3. From side boundaries:
                                                         4.
                                                             1. 1.5 metres setback up
                                                                  to 4.5 metres height;
                                                             2. 2 metres setback
                                                                  between 4.5 metres -
                                                                  7.5 metres height; and
                                                             3. 2 metres plus 500
                                                                  millimetres for every 3
                                                                  metres or part thereof
                                                                  above 7.5 metres
                                                                  height;
                                                         5. 6 metres from the rear
                                                            boundary for up to two
                                                            storeys; and
                                                         6. 8 metres from the rear
                                                            boundary for the third and
                                                            fourth storey.

                                                     Hastings Street Mixed use
                                                     precinct:
                                                     The northern side of Hastings
                                                     Street:

                                                         1. 2 metres, average of 4
                                                            metres from the front
                                                            boundary to Hastings Street
                                                            for the ground floor and
                                                            second storey;
                                                         2. 7 metres from the front
                                                            boundary to Hastings Street
                                                            above the second storey;
                                                            and
                                                         3. 10 metres from the front
                                                            boundary to The Parade
                                                            (beach).

                                                     The southern side of Hastings
                                                     Street, west of Noosa Drive:

                                                         1. 2 metres, average of 4
                                                            metres from the front
                                                            boundary to Hastings Street
                                                            for the ground floor and
                                                            second storey;
                                                         2. 10 metres from the front
                                                            boundary to Hastings Street
                                                            above the second storey;
                                                            and
                                                         3. 7 metres from front boundary
                                                            to Noosa Drive and Noosa
                                                            Parade.

                                                     The southern side of Hastings


25

Material Change of Use (Development Permit)
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Page 26

                                                     Street, east of Noosa Drive:

                                                         1. 2 metres, average 4 metres
                                                            from the front boundary to
                                                            Hastings Street and Noosa
                                                            Drive for the ground floor
                                                            and second storey;
                                                         2. 10 metres from the front
                                                            boundary to Hastings Street
                                                            and Noosa Drive above the
                                                            second storey; and
                                                         3. 6 metres from the front
                                                            boundary to Morwong Drive.

                                                     In the Boreen Point, Tewantin
                                                     and Noosaville Locality:

                                                         1. 6 metres from the front
                                                            boundary for up to two
                                                            storeys and if a mixed use
                                                            building this setback area
                                                            may contain ramps and
                                                            stairs;
                                                         2. 10 metres from the front
                                                            boundary for the third storey;
                                                         3. From side boundaries:
                                                             1. 1.5 metres setback up
                                                                  to 4.5 metres height;
                                                             2. 2 metres setback
                                                                  between 4.5 metres -
                                                                  7.5 metres height; and
                                                             3. 2 metres plus 500
                                                                  milimetres for every 3
                                                                  metres or part thereof
                                                                  above 7.5 metres
                                                                  height;
                                                         4. 6 metres from the rear
                                                            boundary for up to two
                                                            storeys; and
                                                         5. 8 metres from the rear
                                                            boundary for the third storey.

                                                     Properties fronting 185-207
                                                     Gympie Terrace, 235-257
                                                     Gympie Tce or properties
                                                     facing Thomas Street where a
                                                     mixed use building
                                                     incorporating a non-residential
                                                     use:

                                                         1. 6 metres from the front
                                                            boundary for up to two
                                                            storeys provided that this
                                                            setback area may contain
                                                            ramps, stairs, open awnings
                                                            and unenclosed outdoor
                                                            dining areas;
                                                         2. 8 metres from the front
                                                            boundary for the third storey;



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Page 27

                                                         3. 6 metres from the rear
                                                            boundary for up to two
                                                            storeys;
                                                         4. 8 metres from the rear
                                                            boundary for the third storey;
                                                            and
                                                         5. From a side boundary where
                                                            adjoining a mixed use
                                                            building:
                                                             1. 0 metres up to 7.5
                                                                  metres height; and
                                                             2. 2 metres plus 500
                                                                  milimetres for every 3
                                                                  metres or part thereof
                                                                  above 7.5 metres
                                                                  height.
                                                         6. From a side boundary where
                                                            not adjoining a mixed use
                                                            building:
                                                             1. 1.5 metres setback up
                                                                  to 4.5 metres height;
                                                             2. 2 metres setback
                                                                  between 4.5 metres -
                                                                  7.5 metres height; and
                                                             3. 2 metres plus 500
                                                                  milimetres for every 3
                                                                  metres or part thereof
                                                                  above 7.5 metres
                                                                  height.

                                                     On Noosa North Shore:
                                                     The northern side of Beach Road,
                                                     east of Maximillian Road: -

                                                         1. Frontage – 10 metres
                                                         2. Other boundaries – 20
                                                            metres

                                                     The southern side of Beach Road,
                                                     east of Maximillian Road: -

                                                         1. Frontage – 20 metres;
                                                         2. Other boundaries – 20
                                                            metres

                                                     AO13.2
                                                     Within urban boundaries all
                                                     cabins, caravans, recreational
                                                     vehicles or tent sites are set back:
                                                     (a) 12 metres from the road
                                                     frontage; and
                                                     (b) 5 metres from any other site
                                                     boundary

                                                     Alternative provision to the
                                                     QDC
 Design
 Streetscape
 PO14                                                AO14.1                                  AO14.1 Not Applicable
 Development:                                        Building design incorporates            The proposal at hand does not


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Material Change of Use (Development Permit)
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                                                     design elements to add visual         involve any changes to built form.
     1. incorporates a high standard                 interest and amenity (such as
         of architectural and                        windows, sun shading devices,
         landscaping design and                      balconies, varying railing
         creates attractive and                      treatments or a change of building
         functional buildings, streets               material).
         and places.
     2. addresses and enhances the                   Editor's note— refer to figure
         streetscape by incorporating                6.3.2.4 and figure 6.3.2.5
         articulation and individual
         design elements that add                    AO14.2
         visual interest to the                      Development on site has the main
         development;                                pedestrian entrance easily
     3. provides non-discriminatory                  recognisable from the street.
         access where floor levels are
         raised to meet flood immunity;              AO14.3
     4. enables direct visual                        Where fronting Gympie Terrace or
         connection between the street,              Thomas Street spaces between
         footpath and interior of the                the building and the road reserve
         building where located on                   is not used for car parking or
         Hastings Street, Gympie                     vehicular manoeuvring.
         Terrace or Thomas Street;
     5. makes the most of corner sites               AO14.4
         by addressing both frontages;               Where floor levels are raised to
     6. has a form and architectural                 accommodate flooding or
         scale that does not dominate                projected sea level rise the
         the streetscape or the                      building design must be designed
         surrounding properties;                     to engage with the footpath by
     7. does not detract from the                    having an external terrace within
         visual amenity of adjoining                 the front setback area that is set
         properties such as the impact               at an intermediate level between
         on views, access to sunlight or             the footpath and the main ground
         overlooking;                                floor that is suitable for outdoor
     8. takes the form of small                      trading, dining, seating or display
         separate buildings, rather than             of goods. An example is shown in
         large single bulky                          Figure 6.3.4.5
         development;
     9. sits within a landscaped                     AO14.5
         setting; and                                Development on corner sites
     10. visually screens site utilities or          address both streets by including
         integrates them with the                    openings, balconies and
         design of the development.                  architectural features to both
                                                     frontages. Figure AP3-7A shows
                                                     corner treatment for buildings
                                                     requiring active street frontages
                                                     such as Hastings Street, Thomas
                                                     Street and Gympie Terrace.

                                                     AO14.6
                                                     Development consists of small
                                                     separate buildings rather than
                                                     large bulky buildings with no more
                                                     than six units attached in one
                                                     plane.

                                                     AO14.7
                                                     Buildings incorporate both vertical
                                                     and horizontal articulation such
                                                     that no unbroken elevation is
                                                     longer than 15 metres without a


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                                                     change in plane of at least 750
                                                     millimetres.

                                                     AO14.8
                                                     Subtle changes in colours,
                                                     textures and materials are used to
                                                     break up the building facades and
                                                     complement the natural
                                                     environment.

                                                     AO14.9
                                                     On site development incorporates
                                                     landscaping in front building
                                                     setback areas and footpath areas
                                                     that is in character with existing or
                                                     planned streetscape themes.

                                                     Editor's note—refer to figure
                                                     AP3-5A for example of landscape
                                                     treatments.

                                                     AO14.10
                                                     Waste storage areas, clothes
                                                     drying areas, letter boxes,
                                                     detached carports and external
                                                     storage areas are sited and
                                                     designed to complement the
                                                     architecture and landscaping of
                                                     the site.

                                                     AO14.11
                                                     For a dwelling house,
                                                     development provides visual
                                                     interest to the street and the
                                                     surrounding area through:

                                                      1. limiting the vertical distance
                                                          between the ground and the
                                                          lowest suspended floor to no
                                                          more than 3 metres;
                                                      2. limiting the length of any
                                                          external wall in one plane to
                                                          15 metres; and
                                                      3. ensuring each external wall
                                                          includes at least two design
                                                          elements such as
                                                          verandahs, external stairs,
                                                          window openings, awnings
                                                          or porches.
 PO15                                                AO15.1                                  AO15.1 Not Applicable
 Development with frontage to                        Development ensures that the            The proposal at hand is for a
 Hastings Street Noosa Heads,                        ground storey level of a premise        Material Change of Use within an
 Gympie Terrace Noosaville or Duke                   on a site:                              existing building and does not
 Street Sunshine Beach, presents a                                                           involve any changes to built form.
 particularly high quality streetscape                   1. provides a fine scale built
 with design elements and building                          form;
 forms that:                                             2. incorporates shopfronts with
                                                            at least 50% transparent
     1. contribute to the creation of an                    glazing to provide pedestrian
        attractive, contemporary


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Material Change of Use (Development Permit)
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        coastal built form that defines                     interest and promote active
        rather than dominates, the                          street fronts;
        street and public spaces;                        3. has building openings
     2. provide a pedestrian friendly                       overlooking the street;
        facade and incorporates                          4. incorporates indoor/outdoor
        activities located at ground                        food and drink outlets and
        level to create a vibrant                           other activities that are likely
        streetscape with high levels of                     to foster casual, social and
        activity and casual                                 business interaction built to
        surveillance; and                                   the boundary of the active
     3. incorporates dense street                           street frontage; and
        planting and a variety of                        5. includes the provision of
        alfresco dining or sitting areas                    landscaping, shaded seating
        serving as local meeting                            and consistent footpath
        places                                              treatment that conforms to
                                                            the wider existing or planned
                                                            streetscape theme.
 Car parking and access
 PO16                                                AO16.1                                    AO16.1 Complies
 On site car parking:                                On site car parking is not located        The proposal at hand is for a
                                                     between the building and the road         Material Change of Use within an
     1. does not detract from people                 reserve;                                  existing building and carparking is
        dominated streetscape;                                                                 not being altered as part of this
     2. is generally screened from the               or                                        proposal. Existing carparking
        street to avoid visually                                                               arrangements are not located
        dominating the streetscape;                  AO16.2                                    between the building and the read
     3. is accessed via a single                     Where not located on Hastings             reserve.
        ingress and egress point; and                Street Noosa Heads, Gympie
     4. is accessed via a secondary                  Terrace Noosaville, or Duke
        road where possible to                       Street Sunshine Beach,
        minimise driveways on                        uncovered spaces may be located
        Gympie Terrace, Hastings                     in front of the building providing
        Street and Duke Street.                      they are separated from the road
                                                     reserve by a 2 metre wide
                                                     landscaped buffer.

                                                     AO16.3
                                                     No additional vehicle access ways
                                                     are created:

                                                         1. on the north-western side of
                                                            Duke Street, between
                                                            Douglas Street and Bryant
                                                            Street, Sunshine Beach
                                                         2. on Hastings Street, west of
                                                            Noosa Drive, Noosa Heads;
                                                         3. on Gympie Terrace, between
                                                            The Cockleshell and Weyba
                                                            Road, Noosaville.
 Basements
 PO17                                                AO17                                      AO17 Not Applicable
 Basements:                                          Basements:                                The proposal at hand does not
  1. visually integrate with the                                                               involve a basement.
     building;                                           1. are limited to one access a
  2. do not dominate the street or                          maximum of 6 metres wide;
     building design;                                       and
  3. area screened through                               2. do not encroach into building
     landscaping; and                                       setback areas.
  4. do not present as a storey to
     the street.                                     Editor's Note— refer to figure


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                                                     6.9.2
 Front fences and walls
 PO18                                                AO18.1                                 AO18.1-AO18.4 Not Applicable
 Front fences and walls are                          Front fences or walls are set back     The proposal at hand does not
 designed and sited to:                              an average of 1 metre and are          involve any front fences or walls.
                                                     articulated to provide visual
     1. contribute to the attractiveness             interest by stepping the design at
        of the streetscape;                          a maximum of 5 metre intervals.
     2. be compatible with the existing
        streetscape character;                       AO18.2
     3. avoid interference with                      Where located on the boundary:
        movement of surface
        stormwater;                                      1. the solid portion of front
     4. allow for casual surveillance of                    fences and walls is no more
        the street;                                         than 1.2 metres high; or
     5. provide planting in front of                     2. the walls contain openings or
        solid fences and walls; and                         materials that ensure it is
     6. ensure plantings between the                        50% transparent and has a
        front fence and the footpath                        height not exceeding 1.8
        does not create an                                  metres.
        impediment for pedestrians
        using the footpath.                          AO18.3
                                                     Solid front fences and walls may
                                                     be 1.8 metres in height if the
                                                     property has frontage to an
                                                     arterial road or a distributor road.

                                                     AO18.4
                                                     The area of land between the
                                                     front fence and the boundary is
                                                     landscaped to screen the fence
                                                     from the street, however,
                                                     landscaping does not encroach
                                                     more than 500 millimetres into the
                                                     road reserve or within 1.5 metres
                                                     of a sealed footpath.

                                                     Editor's note—refer to figure
                                                     AP3-4A and figure AP3-4B
 PO19                                                AO19
 To the northern side of Hastings                    Fences between buildings and the
 Street, fences between buildings                    beach:
 and The Parade (Noosa Main
 Beach) are designed and sited to                        1. are no more than 1.5 metres
 be sympathetic to the scenic                               in height;
 amenity of the beachfront and do                        2. are setback 500 millimetres
 not degrade the beachfront                                 from the property boundary;
 character.                                                 and
                                                         3. are of glass construction or
                                                            where a solid construction,
                                                            are of colours and finishes
                                                            that blend with the natural
                                                            landscape and are screened
                                                            by vegetation between the
                                                            fence and the property
                                                            boundary.

                                                     Editor's note—refer to Figure
                                                     AP3-14A for design outcomes
                                                     along Noosa parade (Boardwalk)


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 Roof form
 PO20                                                AO20.1                                AO20.1-AO20.3 Not Applicable
 Roof forms:                                         The main roof of the building has     The proposal at hand does not
                                                     a roof pitch no less than 5           involve any changes to built form.
     1. contribute positively to the                 degrees and has minimum 600
        local skyline;                               millimetre eaves to at least 75%
     2. complement the character of                  of the perimeter of the building
        the locality and the topography              excluding where located in:
        of the site;                                  1. the Coastal Communities
     3. avoid box profiles/parapets;                       local plan area; or
        and                                           2. the Noosa Heads local plan
     4. do not create opportunities for                    area.
        overlooking the private open
        space or internal spaces of                  AO20.2
        neighbourhood properties.                    Development does not include
                                                     roof top terraces.

                                                     AO20.3
                                                     The total width of any parapet wall
                                                     does not exceed 50% of the width
                                                     of the front facarde of a building.
 Safety and amenity
 PO21                                                AO21.1                                AO21.1-AO21.6 Complies
 Development ensures that the                        Buildings and structures:             The proposal at hand does not
 design of the development and                                                             involve any new structures and
 operation of uses;                                   1. are sited and orientated to       does not involve a dwelling.
                                                          minimise the likelihood of
     1. provide a high level of amenity                   overlooking the private open     No changes to built form are
        to users of the subject site;                     space of adjacent residential    proposed as part of this
        and                                               uses;                            application.
     2. do not unreasonably impact                    2. avoid reduction of sunlight to
        on the amenity enjoyed by                         at least 40% of the private
        users of adjoining or nearby                      open space areas of any
        premises, including privacy                       adjoining residences to less
        and access to sunlight.                           than 2 hours between
                                                          9:00am and 3:00pm on any
 Editor's note—Provisions for sill                        day of the year;
 height, glazing, screening and                       3. incorporate fencing,
 window openings are to improve                           landscaping and screening
 the residential amenity for                              to mitigate impacts on
 occupants. Thermal performance                           adjoining residential uses.
 requirements are contained in                       Editor's note—refer to figure
 Queensland Development Code                         AP3-1A and figure AP3-2A
 MP4.1 Sustainable Buildings.
 Energy efficiency requirements are                  AO21.2
 contained in the National                           Dwellings and visitor
 Construction Code.                                  accommodation units established
                                                     as part of a mixed-use
                                                     development incorporate suitable
                                                     noise attenuation measures to
                                                     reduce amenity impacts from
                                                     business or entertainment uses.

                                                     AO21.3
                                                     Transparent doors and windows
                                                     are designed and located so they
                                                     do not directly face transparent
                                                     doors or windows or the private
                                                     open space areas of other
                                                     dwellings or accommodation units


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                                                     within 10 metres;

                                                     AO21.4
                                                     Where windows, balconies,
                                                     terraces, verandahs or decks
                                                     overlook or have the potential to
                                                     overlook the private open space
                                                     of nearby properties or view into
                                                     habitable room windows within 10
                                                     metres—

                                                         1. windows have a sill height of
                                                            not less than 1.7 metres
                                                            above finished floor level;
                                                         2. windows and other openings
                                                            are permanently screened to
                                                            a minimum height of 1.7
                                                            metres to avoid overlooking;
                                                         3. windows and doors use
                                                            translucent glazing to
                                                            obscure views; or
                                                         4. windows or balconies are
                                                            offset by 45 degrees or
                                                            more.

                                                     Editor's note—refer to figure
                                                     AP3-1C

                                                     AO21.5
                                                     Screens, pergolas, landscaping
                                                     and architectural design of
                                                     balconies are used to screen the
                                                     ground floor private open space of
                                                     dwellings from separate upper-
                                                     level dwellings.

                                                     AO21.6
                                                     Permanently fixed external
                                                     screening devices complement
                                                     the building's external materials
                                                     and finishes and may incorporate
                                                     solid translucent screens,
                                                     shutters, perforated panels or
                                                     trellises which have a maximum
                                                     of 50% openings.

                                                     Editor's note—refer to figure
                                                     AP3-1B
 PO22                                                AO22.1                                 AO22.1-AO22.4 Not Applicable
 Development, including mechanical                   Communal outdoor recreational          The proposal at hand does not
 plant, vehicle manoeuvring,                         facilities including swimming          involve an outdoor recreational
 commercial kitchens, and                            pools, spas and sports courts are:     facilities or sports court.
 communal outdoor recreation uses:
                                                         1. setback at least 12 metres      No changes to built form are
     1. do not have an adverse effect                       from the boundary of land in    proposed.
        on the amenity enjoyed by                           the Low Density Residential
        users of adjacent or nearby                         Zone, Meduim Density
        premises through emission of                        Residential Zone or High
        noise, light, fumes or smoke;                       Density Residential Zone
                                                            and screened by a 5 metre


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Material Change of Use (Development Permit)
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     2. do not cause unreasonable                           wide buffer densely planted
        disturbance to local fauna                          with trees and shrubs
        through light or smoke                              including species from 1
        emissions.                                          metre to 8 metres in height;
                                                            or
                                                         2. located internally to the
                                                            arrangement of buildings on
                                                            the site; and
                                                         3. not used between the hours
                                                            of 9:00pm and 6:30am the
                                                            following day

                                                     AO22.2
                                                     For a lit sports court:

                                                         1. the court is located at least
                                                            60 metres from the external
                                                            wall of an existing or
                                                            approved dwelling on
                                                            adjoining or nearby premises
                                                            (as measured from the
                                                            centre line of the court); and
                                                         2. the vertical illumination
                                                            resulting from direct,
                                                            reflected or other incidental
                                                            light emanating from the site
                                                            does not exceed 8 lux when
                                                            measured at any point 1.5
                                                            metres outside the boundary
                                                            and at any level from ground
                                                            level upward; and
                                                         3. any floodlighting is restricted
                                                            to the types that give no
                                                            upward component of light
                                                            where mounted horizontally
                                                            (i.e. a full cut off luminare).

                                                     AO22.3
                                                     Outdoor or semi-enclosed
                                                     common areas used for serving or
                                                     drinking alcohol, or designated
                                                     outdoor smoking areas are:

                                                         1. setback at least 15 metres
                                                            from the boundary of land in
                                                            a Low Density Residential
                                                            Zone, Medium Density
                                                            Residential Zone or High
                                                            Density Residential Zone
                                                            and screened by a 5 metre
                                                            wide buffer densely planted
                                                            with trees and shrubs
                                                            including species from 1
                                                            metre to 8 metres in height;
                                                            or
                                                         2. located internally to the
                                                            arrangement of buildings on
                                                            the site.

                                                     AO22.4


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                                                     Mechanical plant is:

                                                         1. located at least 2 metres
                                                            from side or rear property
                                                            boundaries;
                                                         2. 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 plant;
                                                         3. where located above ground
                                                            level, enclosed or screened
                                                            such that it is not visible from
                                                            the street frontage nor
                                                            adjoining properties; and
                                                         4. visually integrated into the
                                                            line and plane of the building
                                                            and roof design and does
                                                            not project beyond the height
                                                            or width of the building when
                                                            viewed from the street and
                                                            adjoining properties.

                                                     Editor’s Note— Mechanical plant
                                                     includes generators, motors,
                                                     compressors and pumps such as
                                                     air-conditioning or pool
                                                     equipment.
 PO23                                                AO23.1                                    AO23.1-AO23.2 Complies
 On site car parking areas are                       Car parking spaces are                    The proposal at hand does not
 accessible to residents, customers,                 accessible to residents,                  involve any changes to existing
 and staff during business hours.                    customers and staff during                carparking arrangements.
                                                     business hours with security
                                                     gating only operational for
                                                     business uses outside of business
                                                     hours.

                                      PO23.2
                                      Sufficient car parking spaces are
                                      allocated to resident guests and
                                      guests are not competing with
                                      customers or patrons for parking
                                      spaces.
 Environment, heritage and scenic amenity
 PO24                                 AO24.1                                                   AO24.1-AO24.3 Not Applicable
 Development:                         Cut or fill is less than 1.5 metres                      The proposal at hand does not
                                      in depth relative to the ground                          involve cut or fill and will not result
  1. does not impact on landscape level.                                                       in sediment or other material
     amenity;                                                                                  including building materials or
  2. has minimal impact on the        AO24.2                                                   waste products being deposited
     natural landform of the site;    Development does not result in                           or released into the road reserve,
  3. does not lead to erosion or the sediment or other material                                stormwater drain or adjacent
     transport of sediments off site; including building materials or                          properties.
     and                              waste products being deposited
                                      or released into the road reserve,                       The proposal at hand is also not


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     4. does not lead to the                         stormwater drain or adjacent               on a heritage site and does not
        disturbance of natural                       properties.                                adjoin a site identified as a local
        features, buildings or                                                                  heritage place.
        structures of cultural heritage              AO24.3
        significance.                                Development on a site adjoining a
                                                     local heritage place respects the
                                                     cultural heritage significance of
                                                     the place by mitigating any
                                                     adverse impacts on the setting or
                                                     integrity of the heritage values.

                                                     Editor’s Note—Local heritage places are
                                                     identified on the Heritage and Character
                                                     Areas Overlay maps in Schedule 2.
 PO25                                                AO25.1                                     AO25.1-AO25.3 Not Applicable
 Development on sloping sites:                       Buildings and structures are not           The proposal at hand does not
  1. is visually responsive to the                   constructed on land with a slope           involve any changes in built form.
     natural topography and sits                     greater than 25% to protect
     within the landscape rather                     scenic amenity and other
     than dominating it; and                         landscape qualities.
  2. steps down slopes or uses
     suspended floor construction,                   AO25.2
     minimising cut and fill and                     On sloping sites, split-level
     avoiding benching of the site.                  buildings, with small floorplates,
                                                     that step down the slope are used
                                                     as an alternative to slab on
                                                     ground construction to minimise
                                                     building bulk and benching of the
                                                     sites.

                                                     Editor's note- Refer to Figure
                                                     6.9.1A and Figure 6.9.1B

                                                     AO25.3
                                                     The distance between the ground
                                                     level and the lowest part of the
                                                     floor of the building does not
                                                     exceed 3 metres.
 Earthworks and drainage
 PO26                                                AO26
 Filling and excavation for                          Filling and excavation for
 operational works do not directly,                  operation works are designed and
 indirectly or cumulatively cause                    constructed to ensure overland
 adverse impacts external to the                     flow and/or flooding is not
 development site by:                                worsened, impeded, or otherwise
                                                     diverted to adversely affect other
     1. causing ponding of water on                  properties or downstream
        the site or nearby land;                     environments.
     2. increasing flooding, which
        adversely affects the safety or
        use of any land upstream or
        downstream; or
     3. adversely affecting the flow of
        water in any overland flow
        path.




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4.1.3 Business Activities Code
 Performance outcomes                                    Acceptable outcomes                      Proposed Solutions
 All Business activities
 Location
 PO1                                                                                              PO1 Complies
 Business activities are compatible                      No acceptable outcome provided           The proposal at hand is a Material
 with the purpose of the zone in                                                                  Change of Use for the purpose of
 which they locate and the site is                                                                extensions to an existing Food
 suitable for the use having regard to                                                            and Drink Outlet within an existing
 accessibility, infrastructure and                                                                building and is considered
 servicing.                                                                                       appropriate for the site.
 PO2                                                                                              PO2 Complies
 The business activity is located                        No acceptable outcome provided           The proposal at hand is a Material
 within an existing business centre or                                                            Change of Use for the purpose of
 visitor centre shown in the Noosa                                                                extensions to an existing Food
 Shire Centres Hierarchy or in an                                                                 and Drink Outlet within an existing
 industrial zone.                                                                                 building. As the Food and Drink
                                                                                                  Outlet is merely being expanded
                                                                                                  into neighbouring tenancies, the
                                                                                                  use is considered appropriate in
                                                                                                  the proposed location.
 Effects of use
 PO3                                                     No acceptable outcome provided           PO3 Complies
 Business activities are of a type,                                                               The proposal is for extensions to
 scale and intensity that is consistent                                                           an existing Food and Drink Outlet
 with the zone, locality and character                                                            within an existing building is of an
 of the area in which it is located and                                                           appropriate scale for a site
 reinforces the Noosa Shire Centres                                                               adjoining Hastings Street.
 Hierarchy.
 PO4                                                                                              PO4 Complies
 Business activities contribute to the                   No acceptable outcome provided           Hastings Street is identified as a
 local economy and vibrancy of the                                                                main street and the proposal at
 area in which it is located.                                                                     hand will contribute to the vibrant
                                                                                                  economy.
 Major Infrastructure
 PO5                                                     AO5.1                                    AO5.1-AO5.3 Not Applicable
 Development is sufficiently                             Buildings and structures are not         The proposal at hand is a Material
 separated from infrastructure                           constructed under overhead               Change of Use wholly contained
 including electricity infrastructure                    electricity transmission lines, or       within an existing building. No
 and substations to minimise the                         within easements.                        changes to built form are
 likelihood of nuisance or complaint.                                                             proposed as part of this
                                                         AO5.2                                    application.
                                                         Development adjacent to or within
                                                         50 metres of a substation, major
                                                         electricity infrastructure or major
                                                         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
                                                         Where adjoining substations, major
                                                         electricity infrastructure or major
                                                         utilities, buildings are orientated so
                                                         that the majority of windows and
                                                         doors face away from the
                                                         infrastructure.



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 Building design & siting
 Ground floor                                                                                         AO6-AO9 Not Applicable
 PO6                                                     AO6                                          The proposal at hand is a Material
 Ground floor spaces and ceiling                         Ground floor spaces have a                   Change of Use wholly contained
 heights are flexible to cater for a                     minimum ceiling height of 3.5                within an existing building. No
 range of business activities.                           metres to allow flexibility of use (for      changes to built form are
                                                         example; adaptation for shop,                proposed as part of this
                                                         restaurant or office uses)                   application.
 Outdoor areas
 PO7                                                     AO7
 Outdoor areas, including balconies                      Outdoor areas and roof top areas
 and rooftops, used for business                         used for business activities are
 activities are located, designed and                    located away from sensitive land
 operated to avoid causing nuisance                      uses and are generally oriented
 to adjoining or nearby sensitive land                   towards the street.
 uses.
 Outdoor Dining areas
 PO8                                                     AO8.1
 Outdoor dining areas are designed                       Walls to outdoor dining areas are:
 and located so that:
                                                          1. if facing a roadway or other
     1. structures are aesthetically                         public area, transparent and
        pleasing and in keeping with                         don’t restrict airflow;
        the existing character of the                     2. separated from the floor and
        area, including the architecture                     any roof by a minimum vertical
        of the associated building;                          gap of 500 millimetres; and
     2. outdoor dining adds to the                        3. if detachable or collapsible, are
        streetscape without increasing                       only used during inclement
        perceived building bulk;                             weather.
     3. temporary walls or roofs are
        retracted when not in use and                    AO8.2
        secured at all times;                            Roof, walls or other structures do
     4. the use does not pose a health                   not extend beyond the boundaries
        and safety risk to patrons;                      of the premises.
     5. adequate air movement is
        available; and                                   AO8.3
     6. structures do not impede the                     Outdoor dining areas:
        movement of pedestrians or
        vehicles.                                         1. have a non-slip surface which
                                                             is water resistant and not
                                                             raised; and
                                                          2. ensures that where heating is
                                                             provided it does not present a
                                                             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
                                                         landscaping integrated with the
                                                         outdoor dining environment to
                                                         create an ambient atmosphere for
                                                         diners.

                                                         Editor’s Note— Landscaping must be
                                                         undertaken in accordance with the
                                                         Landscaping Code Part 9 Section 4.5

                                                         Editor's note— Refer to Figure 6.4.4.4 and
                                                         Figure AP3-5A for examples of landscaping



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                                                         and design outcomes for outdoor dining
                                                         areas in streets.
 PO9                                                     AO9
 Adequate clearways and head                             Roof structures over outdoor dining
 clearances allow safe movement for                      areas have a minimum clearance
 users of the premises.                                  height of 2.1 metres.
 Landscaping
 Design of commercial and retail
 spaces                                                                                           PO10 Not Applicable
 PO10                                                    No acceptable outcome provided           The proposal at hand is a Material
 Landscaping softens building bulk                                                                Change of Use wholly contained
 and creates a casual, pleasant                                                                   within an existing building. No
 setting for site users and the broader                                                           changes to existing landscaping
 community by:                                                                                    on site is proposed.

  1. adopting landscape solutions
      that reduce the visual impact of
      building bulk;
  2. providing canopy trees and
      ancillary shade structures;
  3. using shrubs and garden beds
      to clearly define public spaces
      and pedestrian walkways;
  4. providing areas for public art,
      where appropriate;
  5. providing outdoor areas with
      seating;
  6. using screen planting to
      conceal service and loading
      areas;
  7. making provision for outdoor
      dining areas where appropriate,
      that integrate well within the
      streetscape;
  8. providing adequate screening
      along the perimeters of the
      development;
  9. avoiding the use of formal
      planting design for frontage
      works; and
  10. providing planting design and
      species selection that can
      endure an intensively used
      environment.
 Amenity and Safety
 Hours of Operation
 PO11                                                    AO11.1                                   AO11.1 Not Applicable
 Business activities are operated in a                   The use or activity does not operate     The proposal at hand is for a
 manner that avoids or minimises                         outside the hours of 7:00am to           Food and Drink outlet and does
 evening, early morning or weekend                       9:00pm, seven days a week, where         not adjoin any of the identified
 noise nuisances to sensitive land                       the site directly adjoins land in the    zones.
 uses, particularly surrounding                          following zones:
 residential uses.                                        1. All residential zones, except
                                                               for the Tourist accommodation
                                                               zone
                                                          2. Major centre zone – High
                                                               density residential precinct; or
                                                          3. Rural residential zone.

                                                         AO11.2                                   AO11.2 Complies


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                                                         Where the site is not specified         The proposal is for the purpose of
                                                         above in AO11.1 the use does not        a Food and Drink Outlet use and
                                                         operate outside the hours of 6:00am     will operate in accordance with
                                                         to 10:00pm, seven days a week,          the applicable provisions, being
                                                         except that a business use such as      6am to 10pm seven days except
                                                         a food and drink outlet, may operate    for Friday and Saturday, where
                                                         until 12:00 midnight on a Friday and    operating hours can be expected
                                                         Saturday.                               until midnight.
 Overlooking
 PO12                                                    AO12                                    AO12 Not Applicable
 Business activities maintain the                        Where the business activity adjoins     The proposal at hand is a Material
 reasonable privacy and amenity of                       an existing or approved residential     Change of Use wholly contained
 site and adjoining residents and their                  use, the reasonable privacy and         within an existing building. No
 enjoyment of indoor and outdoor                         amenity of such uses is maintained      changes to built form are
 living areas is not unreasonably                        by:                                     proposed as part of this
 diminished.                                                                                     application.
                                                          1. siting and orienting buildings to
                                                             minimise the likelihood of
                                                             overlooking occurring;
                                                          2. having windows and outdoor
                                                             areas, (including balconies and
                                                             terraces) located and designed
                                                             so that they do not look into
                                                             dwellings or visitor
                                                             accommodation; and
                                                          3. incorporating screening over
                                                             building openings.
 Noise, visual and odour impacts
 PO13                                                    AO13.1                                  AO13.1-AO13.2 Complies
 Business activities are designed,                       Undesirable noise, visual or odour      The proposal at hand is for the
 sited and operated to avoid                             impacts on public spaces and            purpose of a Food and Drink
 environmental nuisances such as                         residential uses, are avoided or        Outlet use and is not expected to
 noise, visual or odour impacts that                     reduced by:                             generate any excessive noise
 unreasonably diminish the amenity                                                               impacts on the surrounding
 of the area or surrounding uses.                         1. providing vehicle                   locality. We confirm that the
                                                               loading/unloading and refuse      proposal at hand will operate in
                                                               storage/collection facilities     accordance with the relevant
                                                               within enclosed service yards     provisions.
                                                               or courtyards; and
                                                          2. not locating site service
                                                               facilities and areas along any
                                                               frontage to a street or other
                                                               public space.
                                                         AO13.2
                                                         Where the business activity requires
                                                         the use of acoustic 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 for                    Where the site is adjacent to land in   The proposal at hand is located
 patrons and vibrancy within the                         a residential zone (excluding Tourist   within the Tourist Accommodation
 streetscape and is sited to avoid                       Accommodation Zone), the Noosa          Zone.
 significant impacts on surrounding                      Business Centre High Density
 residential land uses.                                  Residential Precinct,or the Rural
                                                         Residential Zone live music is



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                                                         contained within an enclosed
                                                         acoustically treated environment.

                                                         AO14.2                                 AO14.2-AO14.3 Complies
                                                         Acoustic live music (not reliant on    Where the proposal at hand
                                                         electric or electronic equipment)      involves amplified music as part of
                                                         ceases to operate in outdoor           the proposed Food and Drink
                                                         spaces by 9:00pm Sunday –              Outlet extension, this will be
                                                         Thursday, and by 10:00pm Friday        undertaken in accordance with the
                                                         and Saturday, except if located        relevant permits and provisions.
                                                         within the Hastings Street Mixed
                                                         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
                                                         Amplified live music ceases to
                                                         operate in outdoor space by 7:00pm
                                                         seven days per week, 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.

                                                         Editor’s Note— Liquor licences
                                                         and noise matters are separately
                                                         dealt with through the Office of
                                                         Liquor and Gambling.
 PO15                                                    AO15                                   AO15 Complies
 Waste storage areas, external                           Waste storage areas, external          The proposal at hand will utilise
 storage areas and loading docks do                      storage areas and loading docks        the existing waste storage areas
 not detract from the visual amenity of                  are located within basements or are    and arrangements.
 the streetscape or cause nuisance to                    visually screened by landscaping or
 adjoining properties.                                   fencing and situated to the rear of
                                                         the building.
 Car Parking                                             AO16                                   AO16 Complies
 AO16                                                    Parking is provided in accordance      The proposal at hand is
 Sufficient car parking is available to                  with Table 9.4.2.4 of the Driveways    expanding an existing Food and
 accommodate the number and type                         and Parking Code.                      Drink Outlet into the adjoining
 of vehicles likely to be generated by                                                          tenancies of the existing building.
 the use on site.                                                                               The tenancy, is currently occupied
                                                                                                by a Shop which requires a similar
                                                                                                rate as a Food and Drink Outlet (a
                                                                                                Shop requiring on space per 20m2
                                                                                                and a Food and Drink Outlet
                                                                                                requiring on space per 20m2 of
                                                                                                use area and outdoor business
                                                                                                area excluding kitchen and food
                                                                                                storage areas). As such, it is
                                                                                                considered appropriate that the
                                                                                                proposal at hand is not altering
                                                                                                any of the carparking
                                                                                                arrangements on site.
 Veterinary Service
 PO17 Not Applicable
 The proposal is not for a Veterinary Service.


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 Service Station
 PO18-PO29 Not Applicable
 The proposal is not for a Service Station.
 Markets
 PO30-PO37 Not Applicable
 The proposal at hand is not for a Market.

4.1.4 Driveways and Parking Code
 Performance outcomes                                    Acceptable Outcomes                      Proposed Solutions
 Assessable development
 Driveways
 PO1                                                     AO1.1                                    AO1.1-AO1.3 Not Applicable
 Vehicular access does not adversely                     Vehicular access is located and          The proposal at hand will not alter
 impact on safety, capacity and                          designed in accordance with the          the existing access arrangements.
 operations of the existing or planned                   current Australian Standards for
 road network, cycleways or                              Parking Facilities.
 pedestrian pathway systems
                                                         AO1.2
                                                         Only one footpath crossing is
                                                         provided.

                                                         Editor’s Note— Justification for
                                                         additional driveways may need to
                                                         be supported by a detailed Traffic
                                                         Study.

                                                         AO1.3
                                                         Driveways, have a maximum grade
                                                         in accordance with Council’s
                                                         standard requirements.
 PO2                                                     AO2.1                                    AO2.1-AO2.2 Not Applicable
 Driveways and crossovers                                Design and construction of               The proposal at hand does not
                                                         driveways, including across the          involve any changes to the
     1. are suitable and safe for their                  footpath, is in accordance               existing crossover or footpath.
        intended use; and                                with Council Standard Drawings as
     2. match Council infrastructure.                    appropriate for the particular type of
                                                         development as annotated on the
                                                         drawings.

                                                         AO2.2
                                                         The change of grades in driveways
                                                         and ramps is in accordance with
                                                         Council’s Standard Drawings.
 PO3                                                     AO3.1                                    AO3.1-AO3.2 Not Applicable
 The number of driveways across                          Design of multi-tenanted                 The proposal at hand does not
 pedestrian footpaths is minimised.                      developments include shared              involve a multi-tenanted
                                                         driveways and parking areas.             development.

                                                         AO3.2
                                                         Driveways are located so they abut
                                                         existing driveways of adjoining
                                                         development where practicable and
                                                         reciprocal easements are created
                                                         to reduce the sealed driveway
                                                         width.
 PO4                                                     AO4                                      AO4 Not Applicable
 Vehicular access does not adversely                     Footpath and kerb crossings are          The proposal at hand does not
 impact on the capacity, operations                      located clear of existing stormwater     involve a new kerb crossing.
 and maintenance of the existing                         inlet structures, water and


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 infrastructure.                                         sewerage infrastructure fittings, any
                                                         other exiting utility infrastructure,
                                                         existing landscaping
                                                         and vegetation.
 PO5                                                     AO5                                           AO5 Not Applicable
 Vehicular access does not adversely                     Vehicular access avoids                       The proposal at hand does not
 impact on the health and integrity of                   disturbance to the tree protection            involve a new vehicular access.
 existing landscaping or                                 zone of trees on public land.
 native vegetation, where possible.
 Assessable development
 Parking and manoeuvring
 PO6                                                     AO6.1                                         AO6.1-AO6.2 Complies
 Sufficient parking                                      The number of car parking spaces,             The proposal at hand is
                                                         motor cycle spaces, bicycle spaces            expanding an existing Food and
     1. is provided having regard to the                 and loading bays is not less than             Drink Outlet into the adjoining
        specifics of the use including—                  the minimum number specified                  tenancies of the existing building.
           1. the type and intensity of                  in Table 9.4.1.4 Minimum parking              The tenancy, is currently occupied
               land use;                                 requirements including end of trip            by a Shop which requires a similar
           2. any existing parking                       facilities.                                   rate as a Food and Drink Outlet (a
               available on the site;                                                                  Shop requiring on space per 20m2
           3. hours of operation;                        Editor's note— with regard to the provision   and a Food and Drink Outlet
                                                         of end of trip facilities, where there is a
           4. likely numbers of users;                                                                 requiring on space per 20m2 of
                                                         conflict with the QDC MP 4.1 for major
           5. accessibility to the site by               developments the QDC applies. For all other   use area and outdoor business
               means other than private                  development Table 9.4.1.4 applies.            area excluding kitchen and food
               motor vehicle;                                                                          storage areas).
           6. the peak parking demand                    AO6.2
               periods of uses on                        Where appropriate, motorcycle                 The proposal at hand will
               the site; and                             spaces can be provided on site in             ultimately result in a parking rate
           7. the availability of                        lieu of required car parking spaces,          requirement which is less than
               alternative car parking;                  excluding industry activities, at the         that required by the existing Shop
               and                                       following rates:                              (due to the Kitchen and Food
     1. is provided to accommodate the                                                                 Storage areas no required to be
        number and type of vehicles                       1. 2 motorcycle spaces provided              considered as part of the one per
        and motorcycles likely to be                         for 0.5 car parking space; or             20m2 calculation). As such, it is
        generated by the development.                     2. 4 motorcycles spaces                      considered appropriate that the
                                                             provided per 1 car parking                proposal at hand is not altering
                                                             space; and                                any of the carparking
                                                          3. up to a maximum of 4 car                  arrangements on site.
                                                             parking spaces.

                                                         AO6.3                                         AO6.3-AO6.4 Not Applicable
                                                         Secure and convenient parking                 The proposal does not involve
                                                         spaces for bicycles are designed              any changes to existing
                                                         and provided on site in accordance            carparking and or bicycle spaces.
                                                         with—

                                                          1. AS2890.3 Bicycle Parking
                                                             Facilities; and
                                                          2. Cycling aspects of Austroads
                                                             Guides (AP-G88-14).

                                                         AO6.4
                                                         Bicycle spaces and end of trip
                                                         facilities need to be accessible to all
                                                         users.
 PO7                                                     AO7.1                                         AO7.1-AO7.2 Not Applicable
 The layout of the development                           Parking bays, manoeuvring areas,              The proposal at hand does not
 provides adequate, clearly defined                      queuing areas, loading, set down,             involve any changes to the
 and easily accessible                                   pickup areas and driveways are                existing carparking arrangements.



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                                                         designed in accordance with the
     1. on-site vehicle parking and                      Australian Standards for Parking
        manoeuvring areas; and                           Facilities.
     2. loading and manoeuvring areas
        for delivery and service                         AO7.2
        vehicles.                                        Development includes purpose
                                                         designed spaces for motorcycles
                                                         and motor scooters, which are
                                                         easily identified from the driveway
                                                         of the property and located as close
                                                         as practicable to the entrance of
                                                         the building on site.
 PO8                                                     AO8.1                                     AO8.1-AO10 Not Applicable
 Parking and manoeuvring areas are                       Parking, service areas and                The proposal at hand does not
 designed to                                             manoeuvring areas are setback a           involve any changes to any
                                                         minimum of 2 metres from road             existing parking or manoeuvring
     1. not unduly conflict with                         frontages to allow for landscaping,       areas.
        pedestrians; and                                 with the exception of Walter Hay
     2. be sufficiently setback from                     Drive, Eenie Creek Road and Holts
        road frontages to not dominate                   Road frontages, where no
        the streetscape or surrounding                   development occurs within the
        areas;                                           landscaped frontage setbacks.
     3. allow for landscaping to reduce
        the visual impact of the parking,                AO8.2
        servicing and manoeuvring                        In Centre zones, parking, service
        areas;                                           and manoeuvring areas are either
     4. complement the future planned                    integrated within or under buildings
        character of the area; and                       and sleeved by usable floor space,
     5. avoid development within the                     or located to the rear of buildings.
        Walter Hay Drive, Eenie Creek
        Road and Holts                                   Editor's note— Refer to Figure AP3-
                                                         11A and Figure AP3-11B for outcomes for
        Road frontage setbacks.
                                                         car parking in centres.

                                                         AO8.3
                                                         Where practicable vehicle access is
                                                         from rear laneways.
 PO9                                                     AO9
 On-site car parking spaces are                          Car parking spaces are provided for
 identified and reserved for people                      people with disabilities at the rate
 with disabilities.                                      specified in the current Australian
                                                         Standards for Parking Facilities.
 PO10                                                    AO10
 Access and egress points do not                         Vehicle manoeuvring areas are
 impact on the safety and operations                     provided in accordance with the
 of the road system.                                     current Australian Standards
                                                         Australian Standards for Parking
                                                         Facilities so vehicles enter and
                                                         leave the site in a forward gear,
                                                         excluding dual occupancy or
                                                         detached dwellings on local roads.
 PO11                                                    AO11                                      AO11 Not Applicable
 Parking areas are designed to                           At locations where pedestrian and         The proposal at hand does not
                                                         vehicle conflicts are likely to occur:    involve any areas of pedestrian
     1. provide a progressive reduction                                                            an vehicle conflict.
        in speed between the external                     1. sight distances of at least 2.5
        road and internal parking                            seconds of travel time at the
        spaces;                                              designated speed are
     2. ensure lower speeds near areas                       provided;
        of high pedestrian activity



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       through the use of appropriate                     2. splayed corners on structures
       road geometry or devices                              are incorporated;
       designed to limit speed; and                       3. landscaping is designed to
   3. maintain sight distances which                         allow clear views; and
       are appropriate for the likely                     4. sign placement ensures that
       operating speeds in all areas of                      sight distance requirements
       potential pedestrian/vehicle and                      are not impeded.
       vehicle/vehicle conflict.
 PO12                                                    AO12.1                                  AO12.1 Not Applicable
 A clearly defined pedestrian network                    In large open carparks with greater     The proposal at hand does not
 is provided that –                                      than 200 car parking spaces, a          involve any areas of vehicle
                                                         pedestrian path between parking         manoeuvring areas.
     1. is located in areas where                        spaces is provided on every second
        people will choose to walk;                      aisle.
     2. ensures that pedestrian
        movement through car parking                     AO12.2
        areas or structures are along                    For a minimum of 50% of car
        aisles rather than across them.                  parking spaces,
                                                         pedestrian access to buildings is
                                                         not across or through driveways,
                                                         carparks, setdown or manoeuvring
                                                         areas.
 PO13                                                                                            PO13 Not Applicable
 Provision is made for pedestrian and                    No acceptable outcome provided          There are no pedestrian and
 vehicular queues at conflict points.                                                            vehicle conflict points on site
 PO14                                                    AO14                                    AO14 Not Applicable
 Parking areas are lit to provide                        Lighting is provided in accordance      Existing lighting will not be altered
 security for night-time users.                          with the Australian Standard for        as part of this application.
                                                         Road Lighting - Vehicular Traffic
                                                         (Category V) Lighting -
                                                         Performance Installation and
                                                         Design Requirements.
 PO15                                                    AO15                                    AO15 Not Applicable
 Site facilities encourage users and                     End-of-trip facilities are maintained   The proposal at hand is not
 employees to access the site by                         and accessible to all users of the      required to provide end of trip
 means of foot or bicycle through                        premises as part of common              facilities for cyclists.
 provision of appropriate end of-trip                    property.
 facilities including bicycle parking
 and shower/change rooms.
 PO16                                                                                            PO16 Not Applicable
 Development with the potential to                       No acceptable outcome provided          The proposal at hand is not likely
 generate significant traffic and                                                                to generate any significant traffic
 parking impacts gives appropriate                                                               demands.
 consideration to transport and land
 use issues.

 Editor’s Note—A detailed Traffic Impact
 Assessment Report may be required.
 PO17                                                    AO17.1                                  AO17.1-AO17.2 Not Applicable
 Parking and manoeuvring areas are                       Development providing less than         The proposal at hand does not
 designed to ensure run-off is treated                   five car parking spaces is designed     involve any new carparking
 to remove pollutants prior to leaving                   so that the driveway, parking and       spaces
 the premises.                                           manoeuvring areas are formed to
                                                         drain to landscaped areas.

                                                         AO17.2
                                                         Development providing five or more
                                                         car parking spaces is designed to
                                                         incorporate stormwater treatment
                                                         methods to remove water


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                                                         contaminants likely to runoff from
                                                         the general operation of the of the
                                                         driveway, parking and manoeuvring
                                                         areas.


                                                         Editor’s Note—Further details are provided
                                                         in the Water Quality and Drainage Code.
 PO18                                                                                                 PO18 Not Applicable
 Parking areas are designed to                           No acceptable outcome provided               The proposal at hand does not
 ensure drainage without the use of                                                                   involve any new carparking
 pumps or other electrical apparatus.                                                                 spaces
 PO19                                                    AO19                                         AO19 Not Applicable
 Site layout and building design                         Below ground components of                   The proposal at hand does not
 provides for soft landscaping to be                     buildings, including carparks, do not        involve any new below ground
 established.                                            extend beyond the above ground               components.
                                                         footprint to allow for the provision of
                                                         landscaping, particularly
                                                         within building setbacks.

4.1.5 Earthworks Code
The provisions of the Earthworks Code are not applicable as the proposal does not involve any earthworks.

4.1.6 Existing Services Code
The provisions of the Existing Services Code have been reviewed and it is considered that these provisions are
not applicable as the proposed Food and Drink Outlet will be established wholly within an existing building and
will have no impact on existing services.

4.1.7 Fire Services for Common Private Title Code
The provisions of the Fire Services for Common Private Title Code are not applicable as the proposal does not
involve a premises with Common Private Title.

4.1.8 Landscaping Code
The provisions of the Landscaping Code are not applicable as the proposed Food and Drink Outlet is to be
established wholly within an existing building. Landscaping is to be maintained on site as existing.

4.1.9 Sustainable Building Design Code
The provisions of the Sustainable Building Design Code are not applicable as the proposed Food and Drink
Outlet is to be established wholly within an existing building.

4.1.10 Transport Code
The proposal at hand is located within an existing building and does not involve any changes to the existing
building which would have any significant impacts on the existing transport network. The provisions of the
Transport Code have been reviewed and it is considered that the proposal at hand is either wholly compliant or
not applicable to the propositions of the Code.

4.1.11 Water Quality and Drainage Code
The provisions of the Water Quality and Drainage Code are not applicable as the proposed Food and Drink
Outlet is to be established wholly within an existing building with no changes to any existing arrangements for
stormwater, groundwater and environmental flows.

4.1.12 Waterways Works Code
The provisions of the Waterway Works Code are not applicable as the proposal does not involve any works in



46

Material Change of Use (Development Permit)
Food and Drink Outlet – 9 Hastings Street, Noosa Heads

Page 47

the waterways. The proposed Food and Drink Outlet is to be established wholly within an existing premises and
will not adversely impact on any nearby waterways.

4.1.13 Waste Management Code
The provisions of the Waste Management Code are not applicable as the proposed Food and Drink Outlet use is
to be established wholly within an existing premises and will not involve any new waste management treatment.
Any waste management arrangements are to be maintained as existing.

4.1.14 Acid Sulfate Soils Overlay Code
The provisions of the Acid Sulfate Soils Overlay Code are not applicable as the proposed Food and Drink Outlet
is to be established wholly within an existing building and no earthworks are proposed and.

4.1.15 Flood Hazard Overlay Code
The provisions of the Flood Hazard Overlay Code are not applicable as the proposed Food and Drink Outlet is to
be established wholly within an existing building and no floor levels are proposed to be changed.

4.1.16 Landslide Hazard Overlay Code
The provisions of the Landslide Hazard Overlay Code are not applicable as the proposed Food and Drink Outlet
is to be established wholly within an existing building.




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Material Change of Use (Development Permit)
Food and Drink Outlet – 9 Hastings Street, Noosa Heads

Page 48

5.0       CONCLUSION



The proposal at hand relates to a Material Change of Use for a Food and Drink Outlet, in the Tourist
Accommodation Zone of Noosa Plan 2020.

The proposed Food and Drink Outlet is to be located at 9 Hastings Street, Noosa Heads and is a suitable land
use for the site.

The information contained in this report demonstrates compliance with the relevant Noosa Plan 2020
Development Codes and the proposal’s suitability for the site.

The proposal at hand generally complies with Council’s Planning Scheme requirements to the extent that they
apply to the site.

We therefore request that the proposed development be considered favourably by Council and subsequently
approved subject to reasonable conditions.




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Material Change of Use (Development Permit)
Food and Drink Outlet – 9 Hastings Street, Noosa Heads

Page 49

6.0       APPENDICES



Proposal Plans

SDAP and SPP




49

Material Change of Use (Development Permit)
Food and Drink Outlet – 9 Hastings Street, Noosa Heads

Page 50

Plan A Town Planning Pty Ltd              Level 3, 16 McDougall Street, Milton Q 4064   p 07 3846 0807          abn 17 634 960 937
Town Planning & Development Consultants   PO Box 1661, Milton Q 4064                    e [email protected]   www.planatownplanning.com.au

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