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Town Planning Report - Raw & Rice
Court Appeals & Dispute Resolution
Applications & Assessment
Due Diligence & Compliance
Project Management
General Development Advice
Town Planning Report
Development Application
for a
Material Change of Use
(Food and Drink Outlet – “Raw & Rice”)
at
21/187 Gympie Terrace, Noosaville
“The Islander Noosa Resort”
Adamson Town Planning Pty Ltd
(ACN: 163 798 374 | ABN: 73 163 798 374)
P (07) 5430 6671 F (07) 5430 6677 M 0437 754 420 Mail: PO Box 894, Cooroy, QLD 4563
‘Noosa Boardroom’, 28 Eenie Creek Road, Noosaville QLD 4566
Email| [email protected] Web| www.adamsontownplanning.com.au
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Document Control
Project: Raw & Rice – Food and Drink Outlet at 21/187 Gympie Terrace, Noosaville
Document: Town Planning Report
Project Number: 22022
Status of Report: October 2022 – Final
The information contained in this document is confidential and intended solely for the use of the client
for the purpose for which it has been prepared and no representation is made or is to be implied as being
made to any third party. Use or copying of this document in whole or part without the written permission
of Adamson Town Planning Pty Ltd constitutes an infringement of copyright. The intellectual property
contained in this document remains the property of Adamson Town Planning Pty Ltd.
In preparing this report it is assumed that all information and documents provided by the client or as a
result of a specific request or enquiry were complete and accurate. Where information has been obtained
from another source, it is assumed that the information is accurate and has been relied upon.
This report is presented without the assumption of a duty of care to another person other than the Client.
The report may not be relied on by a Third Party. Adamson Town Planning Pty Ltd will not be liable to a
Third Party for any loss, damage, liability, or claim arising out of or incidental to a Third Party and
publishing, using, or relying on the facts, content, opinions, or subject matter contained in this report.
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TABLE OF CONTENTS
DEVELOPMENT APPLICATION DETAILS ..................................................................................................... 4
INTRODUCTION ........................................................................................................................................... 5
SITE DETAILS ................................................................................................................................................ 5
PROPOSAL DETAILS ..................................................................................................................................... 6
STATE PLANNING PROVISIONS ................................................................................................................. 7
NOOSA PLAN 2020 ...................................................................................................................................... 8
TOURIST ACCOMMODATION CODE.................................................................................................................... 9
Use …………………………………………………………………………………………………………..9
BUSINESS USES CODE ..................................................................................................................................... 9
Noise ………………………………………………………………………………………………………...9
DRIVEWAY AND PARKING CODE ......................................................................................................................10
Carparking ...........................................................................................................................................10
INFRASTRUCTURE CHARGES ....................................................................................................................10
CONCLUSION .............................................................................................................................................11
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Development Application Details
Proposed Development Development Permit for a Material Change of Use - Food and Drink
Outlet (with the existing Shop use to be maintained under the current
development approval – TPC 1957)
Address 21/187 Gympie Terrace, Noosaville, known as “The Islander Noosa
Resort”
Real property address Lot 21 on GTP2026
Lot size 71.5m² (application over a single tenancy)
Planning instrument details
State Planning Policy State Planning Policy 2017:
• Flood hazard overlay
Regional Plan South East Queensland Regional Plan 2017 - Urban Footprint
designation
State Assessment Referral No referral to SARA is required.
Agency (SARA)
Planning Scheme Noosa Plan 2020
Zone Tourist Accommodation Zone
Level of assessment Code Assessment (Fronting Gympie Terrace in Noosaville - Table 5.5.4)
Applicable Overlay Acid Sulphate Soils (5m AHD or Below (Area 1)
Flood Hazard Area
Applicable Codes Noosaville Local Plan Code
Tourist Accommodation Zone Code
Business Activities Code
Works Codes
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Introduction
The application is for a development permit for a material change of use for a Food and Drink Outlet within
an existing tenancy (Lot 21) at “The Islander Noosa Resort” which is a mixed use development fronting
Gympie Terrace, Thomas Street and The Cockleshell, in Noosaville.
The tenancy will be occupied by “Raw & Rice” which is a takeaway food and drink outlet only, with no formal
seating to be provided. There is an existing “Raw & Rice” tenancy in Noosa Drive and the proposed
development will be operated in a similar manner, being for takeaway only (refer front cover).
The existing development provides for visitor accommodation, shops and restaurants and has been
established on the site for many years. The proposed development is within one (1) of the existing tenancies
(Lot 21) fronting Gympie Terrace and currently has an approval for a shop. A copy of the original
development approval (TPC1957) is provided as Attachment 1.
While a new application is being made for the proposed food and drink outlet over Lot 21, the approved
use for a shop would be maintained under the current development approval (TPC 1957).
Site details
The subject land (Lot 21) forms part of “The Islander Noosa Resort” which was constructed around 1988
(refer Figure 1, below). The subject lot sits second from the eastern end of the business activities on the
ground floor.
Under the current development approval (TPC 1957) the other tenancies in this location fronting Gympie
Terrace also have approval as a shop. Further, the development approval does not refer to any other uses
other than for eighty (80) dwelling units and ancillary facilities (refer Attachment 1).
The premises has always contained a restaurant/café (Moondoggy’s Café Bar) and a number of shops, with
some of the tenancies along Gympie Terrace in the same complex also operating as food and drink outlets.
A variety of other business activities exist along Gympie Terrace in this general location including shops and
restaurants.
It is assumed the subject tenancy has been used as a shop since the original development approval was
granted. Having regard to the Noosa Council’s online mapping system there does not appear to be any
other development approvals relevant to Lot 21, other than a development permit for operational work
(OPW13/0402), which has no bearing on the application being made.
The site is raised well above the general footpath level, and it is assumed that this provides for some flood
immunity in this location. Given no new building work is being proposed, other than for an internal fit out
for the business, the matter of flooding is of little any consequence.
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Figure 1 – Locality Plan (Source: Noosa Council Interactive Mapping, subject site in red outline)
Proposal details
The proposal being made is for a food and drink outlet in association with the current development
approval for a shop. The proposed development does not involve any change to the external built form
with only an internal fit out being required for the use (refer Attachment 2).
While the application is for a new food and drink outlet, the current shop use will be maintained under the
current development approval (TPC 1957). This will provide for some future flexibility for the uses within
the tenancy, consistent with the intent of the planning scheme.
The food and drink outlet will be takeaway only with standing area only provided for customers to wait on
pickup and to order. The proposed hours of operation will be 11am to 7pm, seven (7) days.
Fronting the tenancy is a walkway which is about 2m in width and does not provide sufficient area for tables
or chairs. The use area is confined to the existing floor area within the tenancy, which is shown on the
proposal plans provided (refer Figure 2). This figure provides a comparison of the existing and proposed
floor areas.
The key development parameters include:
• existing gross floor area (GFA) - 48.5m²
• existing use area - 44m² (excluding walls)
• proposed GFA - 48.5m²; and
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• proposed use area – 43.5m² (excluding walls).
It is noted with respect to carparking, the use area excludes the kitchen and food storage areas, which is
the majority of the tenancy given the nature of the use as shown on the proposed floor plan (refer Figure
2). The actual use area for carparking purposes is about 14m² this being for the service and entry area only.
Existing Floor Plan Proposed Floor Plan
Figure 2 – Existing and Proposed Floor Plans
State Planning Provisions
With respect to Schedule 10 of the Planning Regulation 2017, no referrals are required to the State
Assessment Referral Agency (SARA).
The subject land is designated as a Flood Hazard Area under the Noosa Plan 2020; however, under part 2.1
of the planning scheme, the Minister has advised the State Planning Policy 2017 (SPP) has been
appropriately reflected in the planning scheme, which includes the State interest for natural hazards, risk
and resilience, in part, including flooding but excluding coastal hazards. The site is not located within a
coastal hazard area. Consequently, no assessment is required against the SPP.
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Noosa Plan 2020
Under the Noosa Plan 2020, the subject land is included within the Tourist Accommodation Zone (refer
Figure 3).
Under the table of assessment of the Tourist Accommodation Zone (Table 5.5.4) a Food and Drink Outlet is
subject to code assessment where having frontage to Gympie Terrace, which is the case here. Consequently,
a food and drink outlet in this location is a consistent use and reasonably expected within the zone and in
this location more generally.
The relevant codes for the assessment under the planning scheme, include:
• Noosaville Local Plan Code
• Tourist Accommodation Zone Code
• Business Activities Code; and
• Works Code.
It is noted that under the planning scheme the following overlays apply:
• Acid Sulfate Soils – land 5m (AHD) or below (Area 1); and
• Flood Hazard Overlay.
Under the tables of assessment for the Flood Hazard Overlay (Table 5.9.6), the Flood Hazard Overlay Code
does not apply to a development application for a material change of use for an existing building, which is
the case here. Consequently, an assessment against the Flood Hazard Overlay Code is not required. In any
event, as noted above, the existing development has elevated floor levels and therefore enjoys some flood
immunity. Further, given no excavation or filling work is being undertaken on the site the Acid Sulfate Soils
Overlay Code also does not apply.
Figure 3 – Extract of Zoning Plan (Noosa Plan 2020) – subject site shown in red
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While the above codes are technically applicable to the assessment, in this case, the proposed use is to be
established in an existing building with no external building works being proposed. This being the case, an
assessment against the majority of the provisions under the abovementioned codes is not necessary.
The key issues to be considered in the assessment are parking and impacts upon amenity, given the existing
tenancy is located within a mixed use development. It is my understanding that the majority of dwelling
units within “The Islander Noosa Resort” are used for short-term accommodation and not permanent
residential living.
Tourist Accommodation Code
Use
Under the overall outcomes for the Tourist Accommodation Zone Code, part 6.3.4.2(2), overall outcome (b),
states:
Visitor accommodation in the urban areas is supported by a mix of business activities which create a vibrant
atmosphere and complement and enhance the function and attractiveness of the area as a visitor destination.
Cafes, restaurants, entertainment, function facilities and complementary shopping and personal services cater
to the needs of visitors as well as Noosa Shire residents enjoying these areas.
Under Table 6.3.4.3, performance outcome PO1, states … development provides a focus for visitor
accommodation and a range of ancillary retail, food and beverage and entertainment uses that contribute to
the tourism focus of Noosa Shire. Further, under PO3 states … business uses are secondary to accommodation
uses and support recreational activities and surrounding accommodation facilities without compromising or
competing with Major Centres or District Centres.
The proposed development is for a small scale food and drink outlet, which is entirely consistent with the
outcomes sought for the Tourist Accommodation Zone Code, in terms of nature, scale and types of
businesses to support tourism in this location.
Business Uses Code
With respect to the Business Uses Code the most relevant provisions are with respect to impacts upon
amenity given the use is to be established within an existing building.
Noise
Any mechanical equipment required for the use including air conditioning (if replaced) will be suitably
screened and enclosed to ensure that noise emanating will not adversely impact upon the existing onsite
residential uses.
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In terms of patron noise, this is limited to patrons attending the site for takeaway food with no onsite dining
or music being proposed.
The intended hours of operation are from 11am to 7pm; however, in order to maintain flexibility, any
operating hours imposed on the approval should be consistent with acceptable outcome AO11.2, which
states … where the site is not specified above in AO11.1 the use does not operate outside the hours of
6:00am to 10:00pm, seven days a week, except that a business use such as a food and drink outlet, may
operate until 12:00 midnight on a Friday and Saturday. This is because the proposed development does not
adjoin a residential zone, except for the Tourist Accommodation Zone, which is allowed.
Driveway and Parking Code
The most relevant issue under the Driveway and Parking Code is respect to carparking, given the proposed
use is to be established within an existing building and within in existing mixed use complex.
Carparking
Acceptable outcome AO6.1 refers to Table 9.4.1.4 Minimum parking requirements.
Under Table 9.4.1.4, a Food and Drink Outlet use is to provide one (1) space per 20m² of use area and
outdoor business area, excluding the kitchen and food storage areas.
In this case, having regard to the proposed floor plan (Figure 2), the use area excluding the kitchen and
food storage and preparation area is 14m². Consequently, the use area requires one (1) car parking space.
As explained above, there is no outdoor business area associated with the existing tenancy or the proposed
development.
For the existing Shop use, a parking rate of one (1) space per 20m² of GFA also applies. The existing GFA
for the shop is 48.5m². Consequently, this equates to about two (2) spaces being applicable to the existing
tenancy. This means for the proposed food and drink outlet there is less demand for parking and the
development complies with the Driveways and Parking Code, having a surplus of one (1) parking space. As
explained above, it is intended by this application to provide for the new use, but the existing shop use will
be maintained under the current development approval for “The Islander Noosa Resort” (TPC 1957).
Infrastructure Charges
The Noosa Shire Council Charges Resolution (No.7) 2022 is applicable for all development within the Noosa
Area. Under Table 10.3 Schedule of the Council adopted charges, a shop and a food and drink outlet have
the same rates per m² of GFA and per m² of imperious area for stormwater. Consequently, in this case there
should be no charge applicable under the ICR given there is no change to the existing GFA with no new
building work being proposed. Further, there is no change to the amount of impervious area associated
with this tenancy.
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Conclusion
The application seeks a development permit for a material change of use for a food and drink outlet for a
“Raw & Rice” business within an existing tenancy which has an approval for a shop.
While a new Food and Drink Outlet use is being applied for, the parent approval for the site will remain
current and therefore maintain the existing Shop use within this tenancy, as defined at that time.
The proposed development being within an existing tenancy will have no impacts on the surrounding
residential uses and will result in a surplus of one (1) carparking space, which will remain for the existing
Shop use.
The proposed development provides for a food and drink outlet within the existing “The Islander Noosa
Resort”, which is located within a popular tourist area of Noosaville. The proposed development is
consistent with the planning scheme by providing a use that will support Noosaville as a major focus area
for visitor accommodation and services.
The proposed development is consistent with the outcomes sought under the relevant codes of the
planning scheme and will not have any town planning consequences.
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