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Planning Report of Proposed Development Lot 1-10 Thomas St Noosaville

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ABN: 47672867981
a:    Castaways Beach, Qld 4567
t:    0490830812
t:    0754553791
e:    [email protected]
i:    www.nburbanplaces.com




     Town Planning Report

     Development Permit for Material Change of Use:
     Food and Drink Outlet and Shop (existing)
     Shop 1/ 10 Thomas St, Noosaville
     Lot 1 SP100808




     Fig 1. View of subject site to east from Thomas St (former Thai restaurant now for lease) & exclusive outdoor use ‘Area A’
     (umbrella area); & loading zone at front of Noosaville Plaza.
     - Google Maps




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Page 2

Document Control

 Project:                                  Development Application for a             1/10 Thomas St, Noosaville
                                           Development Permit for                    4566;
                                           Material Change of Use                    Lot 1 on SP100808
 Client/ Applicant:                        TTF P/L ATF The Tony                      c/- NB Urban Places Town
                                           Fitzgerald Family Trust                   Planning Consultants
                                           (Tracy Fitzgerald)
 Project No:                               180321-1
 Status:                                   14 April 2021                             FINAL
 Author:                                                                             Neil Blamey
                                                                                     Principal Planner
                                                                                     NB Urban Places Planning &
                                                                                     Design

 Neil Blamey RPIA; BAppSc(Biol); GDipSc(Plan); GDipLandscapeDes.
 Principal Planner
 NB Urban Places Town Planning

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. The use or copying of this document in whole or part without written permission of NB Urban
Places Town Planning beyond it’s intended purpose constitutes an infringement of copyright.




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Table of Contents

Development Summary                                                                           4
-Development Application Details
-Planning Instrument Details
-Referral Agencies

Introduction                                                                                  5

Background                                                                                    5

Subject Site and Surrounding Uses                                                             6
Summary of Site Characteristics                                                               8

Proposed Development Details                                                                  9
Summary of Development Aspects (Site & Existing Building) (Table1)                            9

Planning Assessment                                                                           10
-Planning Scheme                                                                              10
Assessment of Relevant Planning Provisions                                                    10
Applicable Planning Scheme Codes                                                              11
Relevant Code Assessment                                                                      11
-Noosaville Local Plan Code                                                                   12
-Tourist Accommodation Zone Code                                                              13
-Business Activities Code                                                                     15

-Works Codes                                                                                  21
-Landscaping Code                                                                             21
-Driveways and Carparking Code                                                                24
-Waste Management Code                                                                        24
-Sustainable Building Design Code                                                             24
Relevant Planning Scheme Policies                                                             24
-State Assessment                                                                             25
Regional Plan                                                                                 25
State Planning Policy                                                                         25
State Assessment Referral Agency (SARA)                                                       25

Summary of Supporting Information                                                             25
List of Site & Development Proposal Plans                                                     25

Conclusion                                                                                    25

Appendices                                                                                    26
Attachment 1 - Site Proposal & Landscape Plan, & Site Plan                                    27
Attachment 2 - DA Form 1
Attachment 3 - Company Owners Consent to the making of a Development Application
Attachment 4 - Body Corporate Consent & Resolution to lodge Development Application
Attachment 5 - Body Corporate authorisation for exclusive use of common property for Lot 1 to use
‘Area A’




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DEVELOPMENT SUMMARY
Development Application Details
 Proposed Development                  Food and Drink Outlet and Shop (existing)
 Type of Approval Sought               Development Permit for Material Change of Use
 Site Address                          1/10 Thomas St, Noosaville 4566
 Real Property Description             Lot 1 on SP100808
 Site Area                             43sq.m GFA (shop area) plus 24sq.m ‘Area A’ (exclusive
                                       outdoor use area)
 Assessment Manager                    Noosa Council
 Owner Details                         TTF P/L ATF The Tony Fitzgerald Family Trust
 Applicant Details                     TTF P/L ATF The Tony Fitzgerald Family Trust (Tracy
                                       Fitzgerald) c/- NB Urban Places Town Planning

Planning Instrument Details
 State Planning Policy                 N/A (Relevant policies incorporated in Planning
                                       Scheme)
 SEQ Regional Plan designation         Urban Footprint
 Planning Scheme                       Noosa Plan 2020
 Zone                                  Tourist Accommodation Zone
 Local Plan                            Noosaville
 Level of Assessment                   Code
 Applicable Overlay (relevant to       Acid Sulfate Soils (Area 2-5m AHD or below)
 proposed existing development area)   Flood Hazard (Flooding & Inundation Extent)
 Key Applicable Codes                  General Codes:
                                       Noosaville Local Plan Code;
                                       Tourist Accommodation Zone Code;
                                       Business Activities Code;
                                       Works Codes (relevant to proposed existing
                                       development area):
                                            - Landscaping Code
                                            - Driveways and Carparking Code
                                            - Waste Management Code
                                            - Sustainable Building Design Code
                                       Overlay Codes:
                                       Nil Relevant - Existing building

Referral Agencies
 Referral Requirement                  Referral Agency & Role
 Nil                                   Nil




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Introduction
NB Urban Places Town Planning has been engaged by Ms Tracy Fitzgerald of ‘TTF P/L ATF The Tony
Fitzgerald Family Trust’, as owner/applicant for the proposed Development to prepare and submit a
Development Application to the Noosa Council under the Planning Act 2016. This Application seeks
approval for a Development Permit for a Material Change of Use for Food and Drink Outlet and
Shop (existing); on Lot 1 on SP100808 located at 1/10 Thomas St, Noosaville within the ground floor
of the overall Noosaville Plaza complex.

This application for Food and Drink Outlet and Shop (existing) is made in accordance with the
provisions of the ‘Noosa Plan 2020’ and Planning Act 2016 and requires Code Assessment. This
application details the subject site and surrounds, the development proposal and provides an
assessment of the proposed development against the relevant code provisions contained within the
Noosa Plan 2020.

The application includes the following:
-Application Form - Completed DA Form 1 (Planning Act 2016)
-Application Form - Owners Written Consent
-Town Planning Report of Proposed Development - MCU (Code Assessment)

Appendices
-Attachment 1 - Site Proposal & Landscape Plan, and Site Plan
-Attachment 2 - DA Form 1
-Attachment 3 - Company Owners Consent for the making of a Development Application
-Attachment 4 - Body Corporate Consent & Resolution to lodge Development Application
-Attachment 5 - Body Corporate Authorisation for exclusive use of common property for Lot 1 to use
‘Area A’

Background
Original Approval for Shop
Tenancy Shop 1 retains the original planning approval for a ‘Shop’ use. The approval for Shop was
attained in the original application for Noosaville Plaza ground floor tenancies (DNA 146 15 May
1989) which is the current approval.

In the original Planning Scheme at time of approval (1989) the use of ‘Shop’ was defined as:
‘Any premises used or intended for use for the purpose of displaying or offering goods for sale to
member of the public. The term includes incidental storage of such goods on the same premises but
does not include a general store, hotel, service station, showroom or warehouse as herein defined.’

Pre-lodgement Meeting
A Pre-lodgement Meeting was undertaken with Tara Norley of Noosa Council’s Development
Assessment section on 17 December 2020, in order to obtain preliminary feedback regarding any
key planning issues of concern for the proposed planning application for a Food and Drink Outlet
and Shop (existing) for Lot 1 on SP100808. The following advice was provided as feedback via email
on 17 December 2020 from Tara Norley, Development Planner:

In summary, key feedback advice for PLM20/0045 dated 17 December 2020 stated, amongst other
items:
        -Any onsite outdoor dining areas would constitute ‘use area’.
        -In order to maintain the existing Shop approval, the application would have to stipulate
both uses. The Shop use would not attract an application fee however, as the use is existing and
approved.
        - The existing approval provided carparking at a rate of 1 space per 30m2 for a total area of
505m2. A contribution was paid for 17 spaces that were unable to be provided on site.


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        -Noosa Plan 2020 requires one space per 20m2 of use area, including outdoor business
areas (excluding kitchen and food storage areas).
        -Potential to enter into an Infrastructure Agreement for any shortfall in carparking, including
additional required for any proposed additional use area / outdoor dining.
        - Noosa Plan 2020 requires development to provide soft landscaping on site, particularly in
conjunction with outdoor dining areas. Any application should provide for onsite soft
landscaping in proximity to the front boundary and any outdoor dining area. Refer to Noosa
Plan 2020 - Part 9.4.5 Landscaping Code for further requirements.
        - The site is in proximity to residential development. As such, hours of operation are likely
to be conditioned. Any application should address proposed hours of operation.
        - Infrastructure Charges for a Shop and a Food and Drink Outlet attract the same charge. As
such, an Infrastructure Charge would only be issued if there is any additional gross floor area
proposed.

Hours of Operation
   - Generally hours of operation would be limited to 7pm-9pm in the evening as an ‘Accepted
       Outcome’, however a slightly later closing time may be possible if this issue is addressed
       successfully. Noise from any music would also need to be addressed as there may be a
       resident living above the shop next door.

Outdoor Dining Area
The owner has advised the following:
    - Outdoor Seating Area – The owner has advised that an existing Agreement for the premises
       specifies that the owner of Lot 1 has an exclusive right to use the outdoor dining ‘Area A’ -
       24sq.m for installation of chair, table and umbrella settings for use by customers of Lot 1.
    - A copy of this Agreement for the Lot 1 use of the exclusive outdoor use ‘Area A’ is attached
       as Attachment 5.

Carpark Spaces
   - The original Development Approval was for a development of 505sq.m. overall. Currently 17
       carpark space credits apply to the whole development for the existing uses. The rate applied
       at that time was for 1 space/30sq.m GFA. The current rate under Noosa Plan 2020 is 1
       space/20 sq.m total use area, which will create a small shortage for the proposed total use
       area. The proposed use area includes Lot 1 (41sq.m use area minus adjustment for food and
       storage area), and outdoor use ‘Area A’ (exclusive outdoor use area) for Lot 1 (24sq.m) (by
       Agreement). The exclusive outdoor area of 24sq.m for Lot 1 was not apparently included in
       the original carspace calculation.
   - An infrastructure charge is expected to be applicable for minor additional carpark spaces
       required due to the change of use, that cannot be supplied on site.

Subject Site & Surrounding Land Uses
The subject land (Lot 1) is included in the Tourist Accommodation zone. An existing shop and
outdoor area are located on the site (Refer Figure 2). A Site Plan showing the location and zone of
the site (Lot 1) is included in Figures 3 - 6 above.

The lot adjoins existing shops to the north and south, which are both included in the Tourist
Accommodation zone. The adjoining rear lot on the eastern side of Noosaville Plaza is included in the
High Density Residential zone.




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Fig 2: Lot 1 viewed for Thomas St with Outdoor ‘Area A’




Fig 3: Subject site (shop 1) highlighted with red outline - Lot 1/ 10 Thomas St, Noosaville. Lot 1 is currently a Shop within the
‘Noosaville Plaza’ complex. The umbrella in the forecourt is the approx. area of exclusive outdoor use of common property
for Lot 1.




Fig. 4: Map of Noosa Council zones relevant to the subject site – 1/10 Thomas St, Noosaville (Lot 1) (Noosa Maps), with the
orange being Tourist Accommodation zone and brown being High Density Residential zone.




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Fig 5. Subject Site – Shop 1/ 10, Thomas St; Lot 1 on SP100808 (43sq.m GFA)




Fig 6. Subject Site – Shop 1/ 10, Thomas St; with associated exclusive outdoor use ‘Area A’ (24sq.m) with existing fixed
umbrella for Lot 1 on SP100808

Summary of Site Characteristics
 Site Characteristic            Description
 Existing land use              -Existing Shop
 Existing structures            -Shop building and Umbrella structure in outdoor dining ‘Area A’.
                                -Men and women’s toilets for the complex are located on the
                                first floor at the top of the stairs.
 Frontage & access              -Shop 1 has frontage to Thomas St, and access from the
                                Noosaville Plaza forecourt/courtyard
 Topography                     -Level
 Overlays                       -Acid Sulfate soil (Area 2-5m AHD or below)
                                -Flood Hazard Extent

The subject site is comprised of one existing shop of 43sq.m gross floor area being Shop 1, Lot 1 on
SP100808 which is part of Noosaville Plaza. Shop 1 has frontage to Thomas St and direct access to
the ‘Area A’ outdoor dining area (for the exclusive use of Shop 1), located in the internal Plaza entry
courtyard.



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Further shops are located within the ground floor of Noosaville Plaza in shops/Lots 2, 3, 4 and 5. Two
Professional Offices (Lots 6 and 7) re located on the first floor; where the site’s male and female
toilets are also located at the top of the stairs.

No carparks are provided on site as they were provided by contribution in the original approval. An
existing bin and waste storage area is provided on the southern side of the property frontage
courtyard area. A loading bay is located at the front of the property.

Proposed Development Details
Lot 1 is currently seeking a new tenant. The proposal is to provide for a new potential use of ‘Food
and Drink Outlet’ for a restaurant or cafe in Lot 1; in conjunction with the existing use of ‘Shop’
which is to be retained. It is envisaged the provision of the additional use will provide for broader
interest in the property from potential lessees; and provide for a faster commencement of use for a
new lessee for a Food and Drink Outlet.




Fig 7. Site Proposal Plan for kitchen and food storage area, and outdoor ‘Area A’; and Landscaping area (Please refer
Attachment 1 for full plan).

A Site Proposal Plan (excerpt) for the development is provided in Figures 5, 6 and 7 above.
The full Site Proposal & Landscape Plan and Site Plan are provided as Attachment 1; and DA Form 1,
Owners Consents and Body Corporate Approvals as Attachment 2, 3, 4 and 5.

The proposed ‘Food and Drink Outlet’ comprises the following key development parameters.

Summary of Development Aspects (Existing Site & Proposed Use)
Table 1
 Relevant           Ground Level        Ground           Total            Noosa Plan        Complies
 Development        Shop 1              Level                             2020
 Aspect             (internal)          (external)
 Gross Floor        43 sq.m                              43sq.m                             Ö
 Area (GFA)




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 Total Use Area   30.3sq.m           24sq.m        54.3sq.m                        Ö
                  (41sq.m -
                  10.7sq.m
                  kitchen and
                  food storage
                  area)
 Car Parks        - Use area =       -Use          - Proposed     New use: 1       X
                  30.3sq.m           area=24sq.m   Total Use      space /20sq.m    Can enter into an
                                                   area=          Use Area =       Infrastructure Agreement
                  (17 spaces paid                  54.3sq.m       2.71 carspaces   for the shortfall in
                  in lieu of                                                       carparking of 1.28 spaces
                  provision for                                                    (estimated payment for the
                  505sq.m as                                                       cost of 1 carpark); similar to
                  whole site @ 1                                                   the contribution agreement
                  space /30sq.m                                                    for the existing approval.
                  GFA)

                  -Existing Credit
                  [email protected] GFA/
                  carspace= 1.43
                  spaces
 Service                                           Existing -                      Ö
 Vehicles/                                         Located in
 Loading Bay/                                      front of
 Zone                                              property in
                                                   loading bay
                                                   in Thomas St
 Landscaping      -Currently                                      Soft             X
                  provided along                                  landscaping is   Can comply once
                  southern                                        required on      landscaping completed.
                  boundary and                                    the site; in
                  north east                                      proximity to
                  corner of Area                                  front boundary
                  A.                                              and outdoor
                   -On site raised                                dining area
                  planter boxes to
                  be provided
                  along site
                  frontage of the
                  outdoor dining
                  Area A within
                  the site.

The subject site is currently serviced by all essential urban infrastructure.


Planning Assessment
Planning Scheme
Under the Noosa Plan 2020 (25 September 2020), the proposed development is described as ‘Food
and Drink Outlet’; which is a consistent use in the Tourist Accommodation zone. A Development
Approval is required for the Food and Drink Outlet to be located on the subject land; and
consequently a Development Application for Material Change of Use - Code Assessment is required
to be submitted to Council for assessment.

Assessment of Relevant Planning Provisions
Key issues to be considered in the planning assessment and discussed further in the report are:
Issues
- A proposed increase to the total use area for the proposed use (additional 24sq.m for outdoor use
‘Area A’),



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- A proposed landscaping area is to be provided within the site as raised on-site planter boxes along
the site frontage of the designated ‘Area A’ outdoor dining area, approximately 4.5m long by 0.6m
wide. A small area of landscaping approx. 1m by 0.6m will also be re-established near the north
eastern corner of the outdoor dining area.
- A small extension to operating hours is requested as an alternative Acceptable Solution for the
proposed use on Friday and Saturday nights between 6am and 10pm; which is considered to be of
low impact and consistent with the general intent of the Tourist Accommodation Zone in this
Thomas St location.

Applicable Planning Scheme Codes
An application for Material Change of Use - Code Assessment requires assessment against the
nominated codes in the Noosa Plan. The following Codes provide the relevant assessment
benchmarks for Food and Drink Outlet in the Tourist Accommodation zone. The development has
been assessed against these Codes.

 General:
 - Noosaville Local Plan Code
 - Tourist Accommodation Zone Code
 - Business Activities Code
 - Works Codes:
     - Landscaping Code
     - Driveways and Carparking Code
     - Waste Management Code
     - Sustainable Building Design Code
 Overlay Codes:
 -Nil applicable

Relevant Code Assessment
The assessment against the Codes has determined that the proposed development generally
complies with all relevant Performance Outcomes and Acceptable Outcomes, except where
discussed further below.

The assessment below provides advice about relevant Acceptable Outcomes that require further
discussion, clarification or explanation, and how the Alternative Acceptable Outcome discussed is
considered to generally meet the intent of the Performance Outcome.

The site is included in the Noosa Plan 2020 Overlays – Flood Hazard Extent and Acid Sulfate soils,
however the application is for a new additional use within an existing approved building at
Noosaville Plaza and no excavation is proposed; and consequently no further assessment against
these Overlay Codes is required.

7.2.4 Noosaville Local Plan Code
Overall Outcomes for the Noosaville Local Plan Code
7.2.4.2 The relevant overall outcomes sought for the Noosaville Local Plan are the following:
             (y) Development in the Tourist accommodation zone is for visitor accommodation and
             associated uses that serve visitors to preserve and support the role of Noosaville as a
             tourism focus area.
Comment
The proposed food and drink outlet will service visitors and local residents alike and support the role
of Noosaville as a tourism focus area.

Table 7.2.4.3 Performance Outcomes and Acceptable Outcomes for the Noosaville Local Plan
Code


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The proposed development generally complies with the Code Acceptable Outcomes. However in
instances where the Acceptable Outcome is not strictly met, the relevant Performance Outcomes
are discussed further to provide alternative acceptable outcomes as suitable solutions.

Noosaville Local Plan Code
Performance Outcomes                      Acceptable Outcomes                        Proposal Response/
                                                                                     Proposed Variation to
                                                                                     Acceptable Outcome
PO1
Development enhances the role of          No Acceptable Outcome provided             -It is considered the development
Noosaville as a major focus for visitor                                              will satisfy the intent of the
accommodation and services in                                                        Performance Outcome by
Noosa Shire with high levels of                                                      providing a dining focus for
accessibility to outdoor recreational                                                tourist visitors.
pursuits and urban services.

PO2                                       No Acceptable Outcome provided             -It is considered the development
Development contributes to the                                                       will satisfy the intent of the
lifestyle and amenity of permanent                                                   Performance Outcome by
residents of Noosaville, and services                                                providing further dining facilities
communities outside of the local plan                                                to permanent residents of
area.                                                                                Noosaville, and visitors from
                                                                                     other areas.

PO3                                       AO3.2                                      AO3.2
Development contributes to the            Development adjacent to a primary          -10 Thomas St is designated a
establishment of attractive               streetscape treatment area on Figure       Primary streetscape treatment
streetscapes and gateways to              7.2.4.4 (Noosaville Framework and          area and Primary active street
enhance the sense of entry and            Character plan):                           frontage in the Noosaville
character of Noosaville and the           1. Provides streetscape                    Framework and Character Plan
coastal urban area.                       improvements which are appropriate         -Perimeter softening/ partial
                                          to the location, setting and context of    screening vegetation will be
                                          the development, and                       planted in pots in the vicinity of
                                          2. Complement existing or proposed         the outdoor dining ‘Area A’ street
                                          streetscape works in the local area.       frontage, to assist in visual
                                                                                     screening and amenity (Refer
                                                                                     Attachment 1)




PO14                                      AO14                                       AO14
Development in a Tourist                  Development:                               -The proposed development will
Accommodation Zone fronting               (a) respects the layout, scale             be located in an existing building
Thomas Street:                            (including height and setback) and         and designated outdoor space
(a) is sympathetic to the character,      character of development on                Area A, which are considered
    streetscape and built form of the     adjoining sites;                           highly suitable for the proposed
    locality;                             (c) provides a fine scale of built form;   use, and will provide a low scale
(b) contributes to the variety of low     (d) provides active street frontages       active street frontage in a
    set and walk up building styles of    where identified as primary active         nominated primary active street
    various eras in the streetscape       street frontage on Figure 7.2.4.4          frontage area. Some landscaping
(c) creates vibrant and active streets    (Noosaville Framework and Character        will be provided to soften and
    and public spaces;                    plan) that incorporate shopfronts,         partially filter and separate the
                                          indoor/outdoor cafes and                   outdoor dining area from the
                                          restaurants and other activities that      main public footpath.
                                          are likely to foster casual, social and
                                          business interaction for extended
                                          periods. Refer to Figure AP3-8A for
                                          design outcomes for active
                                          streetscapes;
                                          (e) has building openings
                                          overlooking the street and
                                          addressing key corners as indicated



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                                          in Figure 7.2.4.4 (Noosaville
                                          Framework and Character
                                          plan) and Figure AP3-7A; and
                                          (f) 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 7.2.4.4 (Noosaville
                                          Framework and Character plan).

Tourist Accommodation Zone Code
Performance Outcomes         Acceptable Outcomes                                    Proposal Response/
                                                                                    Proposed Variation to
                                                                                    Acceptable Outcomes
PO1
Development provides a focus for          No Acceptable Outcome provided            -The proposed development will
visitor accommodation and a range                                                   add to the diversity of
of ancillary retail, food and beverage                                              restaurant/ café food available in
and entertainment uses that                                                         Thomas St.
contribute to the tourism focus of
Noosa Shire.

PO2                                      AO2                                        AO2
Development provides for a range of      Development provides for one or more       -The development is in an
visitor accommodation activities and     of the following activities which may      existing approved non-residential
non-residential uses accommodated        be in conjunction with non-residential     building.
in mixed-use buildings, where such       uses in a mixed-use building format:
activities are compatible with           a) resort accommodation;
and ancillary to the predominant         b)short-term accommodation
functions of the zone as visitor
accommodation.

PO3
Business uses are secondary to           AO3.1                                      AO3
accommodation uses and support           Businesses offer food and drink            -Complies.
recreational activities and              outlets, small scale retail and
surrounding accommodation                entertainment activities to residents
facilities without compromising or       and visitors.
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.
Noosaville
PO5                                       AO5                                       AO5
Development is predominantly of a        Non-residential uses are limited to        -The development is in an
residential nature to                    Gympie Terrace, Weyba Road and             existing approved non-residential
accommodate visitors with ancillary      Thomas Street, where:                      building which provides services
uses limited to Gympie Terrace,           a) Development has a non-residential      for the area.
Thomas Street and Weyba Road.            activity component of no more than
                                         20% of the gross floor area on the site;
                                          b) Uses on the ground floor are
                                         commercial with uses above the
                                         ground floor predominately
                                         residential.
Design
                                                                                    PO14
Streetscape
                                                                                    -The development is in an
PO14
                                                                                    existing approved building.



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Development (edited for existing                                                     -Direct visual connection exists
building):                                                                           between Thomas St and the
(d) enables direct visual connection                                                 interior of Lot 1.
between the street, footpath and                                                     -The development has
interior of the building where located                                               landscaping on the southern side
on Thomas Street;                                                                    and will have landscaping
(i) sits within a landscaped setting;                                                installed along the western edge/
and;                                                                                 frontage of the outdoor dining
 (j) visually screens site utilities or                                              area.
integrates them with the design of                                                   -The existing development
the development.                                                                     provides landscape screening to
                                                                                     the waste bin storage area.
Safety and Amenity                        AO21.1 (edited for relevancy to            AO21
PO21                                      existing building)                         -The development is in an
Development ensures that the design       Buildings and structures:                  existing approved building.
of the development and operation of       c) incorporate fencing, landscaping        -The development incorporates
uses;                                     and screening to mitigate impacts on       fencing on the southern
a) provide a high level of amenity to     adjoining residential uses.                boundary and landscaping to
users of the subject site; and                                                       mitigate impacts on the adjoining
b) do not unreasonably impact on the                                                 property to the south, which
amenity enjoyed by users of                                                          comprises restaurant uses on the
adjoining or nearby premises,                                                        ground floor and possible
including privacy and access to                                                      business or residential uses on
sunlight.                                                                            the first floor.

PO22                                      AO22.3                                     AO22
Development, including mechanical         Outdoor or semi-enclosed common            -The proposed development in an
plant, vehicle manoeuvring,               areas used for serving or drinking         existing building will comply.
commercial kitchens, and communal         alcohol, or designated outdoor             -The proposed development
outdoor recreation uses:                  smoking areas are:                         outdoor dining area is located
a) do not have an adverse effect on       a) setback at least 15 metres from         internally to the arrangement of
the amenity enjoyed by users of           the boundary of land in a Low              buildings on the site to screen
adjacent or nearby premises through       Density Residential Zone, Medium           the development from the rear
emission of noise, light, fumes or        Density Residential Zone or High           adjacent high density residential
smoke;                                    Density Residential Zone and               zone with a frontage provided to
b) do not cause unreasonable              screened by a 5 metre wide buffer          Thomas St.
disturbance to local fauna through        densely planted with trees and
light or smoke emissions.                 shrubs including species from 1
                                          metre to 8 metres in height; or
                                          b) located internally to the
                                          arrangement of buildings on the site.
                                          AO22.4 (edited for relevancy to            AO22.4
                                          existing building)                         -Whilst the exhaust fan to the
                                          Mechanical plant is:                       kitchen will most likely be located
                                          a) located at least 2 metres               on the roof of the building, it is
                                          from side or rear property                 not expected to have an adverse
                                          boundaries;                                impact on amenity as the
                                          b) where located at ground level,          building to the north is facing to
                                          screened by fencing 1.5 metres in          the north and the property to the
                                          height or dense vegetation of at least     south is located a reasonable
                                          1.5 metres in width incorporating          distance of approx. 17m away
                                          grouped trees and shrubs with a            and has it’s own kitchen exhaust
                                          maximum separation distance of 1           fan.
                                          metre measured from the centre of
                                          the plant;
                                          c) 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.




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Business Activities Code
PO1                                                                                 AO1
Business activities are                    No Acceptable Outcome provided           -It is considered the development
compatible with the purpose of the                                                  will provide services for existing
zone in which they locate and                                                       and future populations and add
the site is suitable for the use having                                             to the vibrancy and character of
regard to accessibility, infrastructure                                             Thomas St as an active street
and servicing.                                                                      frontage, consistent with the
                                                                                    intent for this area.
                                                                                    The use acknowledges and
                                                                                    responds to the amenity
                                                                                    requirements for the area. Minor
                                                                                    landscape treatment will soften
                                                                                    and separate the outdoor dining
                                                                                    area from the footpath area.
                                                                                    Access and services are provided
                                                                                    as part of the existing
                                                                                    development.

PO2                                                                                 AO2
The business activity is located within                                             -The food and drink outlet
an existing business centre or visitor     No Acceptable Outcome provided           activity is located within an
centre shown in the Noosa Shire                                                     existing key dining precinct area
Centres Hierarchy or in an industrial                                               and will contribute to the areas
zone.                                                                               vibrancy.

PO3                                                                                 AO3
Business activities are of a type, scale   No Acceptable Outcome provided           -The proposed use of Food and
and intensity that is consistent with                                               Drink Outlet is consistent with
the zone, locality and character of the                                             the intent of the Tourist
area in which it is located and                                                     Accommodation zone and will
reinforces the Noosa Shire Centres                                                  contribute to the economy,
Hierarchy.                                                                          character and vibrancy of the
                                                                                    local area to reinforce the Noosa
                                                                                    Shire Centres Hierarchy.

PO4                                                                                 AO4
Business activities contribute to the                                               -The proposed use of Food and
local economy and vibrancy of the          No Acceptable Outcome provided           Drink Outlet will contribute to
area in which it is located.                                                        the economy and vibrancy of the
                                                                                    local area, by providing local
                                                                                    employment, and services to
                                                                                    visitors, and contribute to the
                                                                                    activation of Thomas Street
                                                                                    frontages.

Ground Floor                               AO6                                      AO6
PO6                                        Ground floor spaces have a minimum       -The existing shop building whilst
Ground floor spaces and ceiling            ceiling height of 3.5 metres to          having an existing ceiling height
heights are flexible to cater for a        allow flexibility of use (for example;   of approximately 2.6m is
range of business activities.              adaptation for shop, restaurant          considered adequate for the
                                           or office uses)                          proposed use of food and drink
                                                                                    outlet (restaurant/ café).

Outdoor Dining Areas                       AO8.1                                    AO8.1
PO8                                        Walls to outdoor dining areas are:       -The outdoor dining area has an
Outdoor dining areas are designed          a) if facing a roadway or other          existing aesthetic open umbrella
and located so that:                           public area, transparent and         structure to provide shelter from
a) structures are aesthetically                don’t restrict airflow;              the weather; and will add to the
    pleasing and in keeping with the       b) separated from the floor and any      streetscape without increasing
    existing character of the area,            roof by a minimum vertical gap       building bulk; and is located in
    including the architecture of the          of 500 millimetres; and              the designated ‘Area A’ so as to
    associated building;                   c) if detachable or collapsible, are     not impede movement of
                                               only used during inclement           pedestrians, or deliveries.
                                               weather.



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 b) outdoor dining adds to the                                                     - Any future temporary weather
    streetscape without increasing                                                 screening in the outdoor dining
    perceived building bulk;                                                       ‘Area A’ will comply.
 c) temporary walls or roofs              AO8.2                                    AO8.2
    are retracted when not in use         Roof, walls or other structures do not   -The umbrella is an existing
    and secured at all times;             extend beyond the boundaries of the      structure and is located
 d) the use does not pose a health        premises.                                predominately within the
    and safety risk to patrons;                                                    allocated ‘Area A’ site.
 e) adequate air movement is              AO8.3                                    AO8.3
    available; and                        Outdoor dining areas:                    -The floor is brick pavers which
 f) structures do not impede the           a) have a non-slip surface which is     are non-slip and cleanable to
    movement of pedestrians or                water resistant and not raised;      reduce mould. No heating is
    vehicles.                                 and                                  currently proposed.
                                           b) ensures that where heating is        - Any future heating in the
                                              provided it does not present a       outdoor dining ‘Area A’ will
                                              physical risk to diners or pose a    comply.
                                              fire risk to the surrounding
                                              buildings and structures (braziers
                                              are not permitted).
                                          AO8.4                                    AO8.4
                                          Outdoor dining areas include soft        -Soft landscaping approximately
                                          landscaping integrated with the          0.6m wide and 4.5m long will be
                                          outdoor dining environment to            provided in raised planters/pots
                                          create an ambient atmosphere for         along the western frontage of the
                                          diners.                                  outdoor dining area in general
                                                                                   accordance with the landscaping
                                                                                   code intent and species
                                                                                   selection; and also in-ground in
                                                                                   the existing north eastern corner
                                                                                   of the outdoor dining area.
                                                                                   -The proposal will make provision
                                                                                   for an outdoor dining area in the
                                                                                   designated ‘Area A’, that will
                                                                                   integrate well within the
                                                                                   streetscape and provide partial
                                                                                   filtered screening through the
                                                                                   use of planters along the western
                                                                                   perimeter of the outdoor dining
                                                                                   area; and provide raised planter
                                                                                   design and species selection that
                                                                                   will endure an intensively used
  Landscaping                                                                      environment.
  Design of commercial and retail
  spaces
  PO10                                                                             PO10
                                          No acceptable outcome provided           -The designated outdoor dining
  Landscaping softens building bulk and
  creates a casual, pleasant setting                                               ‘Area A’ will incorporate some
  for site users and the broader                                                   soft landscaping in planters/pots
  community by:                                                                    between the outdoor dining area
a) adopting landscape solutions that                                               and street in raised planter
    reduce the visual impact                                                       boxes/pots approx. 4.5m long x
    of building bulk;                                                              0.6m wide. Landscaping will also
                                                                                   be refurbished in the north east
b) providing canopy trees
                                                                                   corner of this area in the existing
    and ancillary shade structures;
                                                                                   allocated in-ground space.
c) using shrubs and garden beds to
                                                                                   -Species used will be consistent
    clearly define public spaces and
                                                                                   with the Landscape Policy PSP2
    pedestrian walkways;
                                                                                   and selected to survive and
d) providing areas for public art,
                                                                                   provide quality amenity in this
    where appropriate;
                                                                                   locality.
e) providing outdoor areas with                                                    -The remainder of the Noosaville
    seating;                                                                       Plaza is an existing approved
f) using screen planting to conceal                                                development. Existing well
    service and loading areas;                                                     maintained landscaping also
                                                                                   occurs along the southern



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g) making provision for outdoor                                                  boundary to adequately screen
   dining areas where appropriate,                                               the waste bin storage area.
   that integrate well within the
   streetscape;
h) providing adequate screening
   along the perimeters of the
   development;
i) avoiding the use of formal planting
   design for frontage works; and
j) providing planting design and
   species selection that can endure
   an intensively used environment.

 Amenity and Safety                      AO11.1                                  AO11.1 and AO11.2
 Hours of Operation                      The use or activity does not operate    -As the rear of the site adjoins
 PO11                                    outside the hours of 7:00am to          the high density residential zone
 Business activities are operated in a   9:00pm, seven days a week, where        to the east, operating times will
 manner that avoids or minimises         the site directly adjoins land in the   be restricted to 7am to 9pm, five
 evening, early morning or weekend       following zones:                        days a week Sunday to
 noise nuisances to sensitive land       a) All residential zones, except for    Thursday.
 uses, particularly surrounding              the Tourist accommodation zone      -However as Lot 1 is located at
 residential uses.                       b) Major centre zone – High density     the front of the property and
                                             residential precinct; or            acoustically separated from the
                                         c) Rural residential                    high density residential zone to
                                         AO11.2                                  the rear by the building bulk of
                                         Where the site is not specified above   Noosaville Plaza, it is considered
                                         in AO11.1 the use does not              an operating time of 6am to
                                         operate outside the hours of            10pm is more suitable for a food
                                         6:00am to 10:00pm, seven days a         and drink outlet on Friday and
                                         week, except that a business use        Saturday, in order to attract both
                                         such as a food and drink outlet, may    lessees and customers to the site,
                                         operate until 12:00 midnight on a       and provide early morning coffee
                                         Friday and Saturday.                    and a relaxed evening dining
                                                                                 experience without any
                                                                                 remaining customers being asked
                                                                                 to leave by 9pm.
                                                                                 It is noted that at adjacent
                                                                                 premises located to the south, no
                                                                                 residential activity was evident
                                                                                 (when viewed from Lot 1) on the
                                                                                 first floor at the time of several
                                                                                 site inspections. Wide white
                                                                                 venetians are installed on
                                                                                 windows to screen the internal
                                                                                 area from external adjacent
                                                                                 business uses.
                                                                                 -Any live music on site in the
                                                                                 outdoor ‘Area A’, would not be
                                                                                 amplified after 7pm, and would
                                                                                 not occur before 7am or after
                                                                                 9pm. It is considered the outdoor
                                                                                 area can be operated for the
                                                                                 extended requested time of 6am
                                                                                 to 10pm on Friday and Saturday
                                                                                 without any detrimental impacts
                                                                                 on residences to the rear, and
                                                                                 with minimal impact on any
                                                                                 possible adjacent residences to
                                                                                 the south in line with the general
                                                                                 expectations and intent of the
                                                                                 Tourist Accommodation zone
                                                                                 and Thomas St Active Street
                                                                                 Frontage area.




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Overlooking                               AO12                                      A012
PO12                                      Where the business activity               -The proposed use is in an
Business activities maintain the          adjoins an existing or approved           existing approved building
reasonable privacy and amenity            residential use, the reasonable           complex and designated outdoor
of site and adjoining residents and       privacy and amenity of such               area on the ground level, in an
their enjoyment of indoor and             uses is maintained by:                    area intended for a Food and
outdoor living areas is not               a) siting and orienting buildings to      Drink Outlet and outdoor dining.
unreasonably diminished.                      minimise the likelihood of            -Overlooking is not considered to
                                              overlooking occurring;                be an issue for the proposed
                                          b) having windows and outdoor             business use, as business uses
                                              areas, (including balconies and       also occur at the ground floor of
                                              terraces) located and designed so     adjacent premises to the south as
                                              that they do not look into            the primary use.
                                              dwellings or visitor                  -It is noted any residential use
                                              accommodation; and                    approved on adjacent premises
                                          c) incorporating screening                to the south is for an ancillary
                                              over building openings.               dwelling unit, as a secondary use
                                                                                    to the primary ground floor use
                                                                                    for business uses (Restaurant).

Noise, visual and odour impacts
PO13                                       AO13.1                                   PO13.1
Business activities are designed, sited   Undesirable noise, visual or odour        -The proposed development is
and operated to avoid environmental       impacts on public spaces and              located in an existing
nuisances such as noise, visual or        residential uses, are avoided or          development with a previously
odour impacts that unreasonably           reduced by:                               approved street loading zone
diminish the amenity of the area or       a) providing vehicle                      area and screened waste bin
surrounding uses.                         loading/unloading and refuse              enclosure. Due to site limitations
AO13.1                                    storage/collection facilities within      minimal variation is available to
Undesirable noise, visual or odour        enclosed service yards or courtyards;     alter existing site layout, and the
impacts on public spaces and              and                                       existing layout is considered
residential uses, are avoided or          b) not locating site service facilities   adequate for the proposed small
reduced by:                               and areas along any frontage to a         scale use area of this food and
a) providing vehicle                      street or other public space.             drink outlet.
loading/unloading and refuse
storage/collection facilities within
enclosed service yards or courtyards;
and
b) not locating site service facilities
and areas along any frontage to a
street or other public space.
                                          AO13.2                                    AO13.2
AO13.2
                                          Where the business activity requires      -The use of acoustic attenuation
Where the business activity requires
                                          the use of acoustic attenuation           measures are not considered
the use of acoustic attenuation
                                          measures to mitigate adverse              necessary for this small scale use;
measures to mitigate adverse impacts
                                          impacts on nearby sensitive land          as low level noise levels would be
on nearby sensitive land uses, such
                                          uses, such measures are designed          commensurate with a normal low
measures are designed and
                                          and constructed to be compatible          scale food and drink outlet with
constructed to be compatible with
                                          with the local streetscape.               restricted times.
the local streetscape.
                                                                                    -It may be possible to lower a
                                                                                    plastic weather screen on the
                                                                                    south side of the umbrella
                                                                                    between 9pm and 10pm on
                                                                                    Friday and Saturday nights to
                                                                                    mitigate noise if this is an issue in
                                                                                    the future.
Live Music
                                          AO14.1                                    AO14.1
PO14
                                          Where the site is adjacent to land in     -Any live music proposed would
Live music creates entertainment for
                                          a residential zone (excluding Tourist     be low key, and would not be
patrons and vibrancy within the
                                          Accommodation Zone), the Noosa            expected to detrimentally impact
streetscape and is sited to avoid
                                          Business Centre High Density              nearby residential areas.
significant impacts on surrounding
residential land uses.                    Residential Precinct, or the Rural
                                          Residential Zone live music is
                                          contained within an enclosed




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                                         acoustically treated environment.        AO14.2
                                         AO14.2                                   -Will Comply.
                                         Acoustic live music (not reliant on      -Any live music performed in the
                                         electric or electronic equipment)        outdoor area would not be
                                         ceases to operate in outdoor spaces      amplified after 7pm and would
                                         by 9:00pm Sunday – Thursday, and         cease by 9pm.
                                         by 10:00pm Friday and Saturday,
                                         except if located 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                                   AO14.3
                                         Amplified live music ceases to           -Will comply.
                                         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.

PO15                                     AO15                                     AO15
Waste storage areas, external storage    Waste storage areas, external            -The existing waste storage area
areas and loading docks do not           storage areas and loading docks are      is adequately screened and
detract from the visual amenity of       located within basements or are          landscaped, and should any extra
the streetscape or cause nuisance to     visually screened by landscaping or      capacity be required will
adjoining properties.                    fencing and situated to the rear of      continue to be adequately
                                         the building.                            screened.
                                                                                  - An on-street loading bay is
                                                                                  provided at the front of the
                                                                                  property as a result of the
                                                                                  original development approval,
                                                                                  and is considered adequate for
                                                                                  the additional small scale use
                                                                                  proposed.
Car Parking
AO16                                     AO16                                     AO16
Sufficient car parking is available to   Parking is provided in accordance        -A minor shortfall of carpark
accommodate the number and type          with Table 9.4.2.4 of the Driveways      spaces is anticipated as a result
of vehicles likely to be generated by    and Parking Code.                        of the inclusion of the designated
the use on site.                                                                  outdoor Area A (24sq.m) to
                                                                                  create 54.3sq.m of total use area
                                                                                  (shop 41sq.m minus 10.7sq.m
                                                                                  kitchen and food storage area).
                                                                                  -This shortfall of approximately
                                                                                  1.28 carspaces (food and drink
                                                                                  outlet use - Noosa Plan 2020 at
                                                                                  20sq.m/ carspace = 2.71 spaces
                                                                                  required) (43sq.m GFA shop use
                                                                                  existing carspace credit is 1.43
                                                                                  spaces at 30sq.m GFA/carspace)
                                                                                  will be dealt with via an
                                                                                  Infrastructure Agreement and
                                                                                  contribution payment (estimated
                                                                                  1 carpark) consistent with
                                                                                  previous arrangements for this
                                                                                  site.




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Exclusive outdoor area ‘A’ (Umbrella area




                                            20


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Exclusive outdoor area ‘A’ (Umbrella area

20

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Works Codes

Code      Performance Outcomes                Acceptable Outcomes                 Proposal Response/
                                                                                  Proposed Variation to
                                                                                  Acceptable Outcomes
Land-     Amenity                             AO1                                 AO1
scaping   PO1                                 Landscaping is designed, planted    -Proposed planting to soften the
Code      Landscaped areas—                   and maintained in accordance        outdoor dining area from the road
          a) enhance the visual amenity       with PSP2 Landscaping.              reserve will be in accordance with
             and natural landscape                                                PSP2 Landscaping.
             character of the site,                                               -Soft landscaping will be provided in
             streetscape and local area;                                          linear planter boxes or 7 x 600mm
          b) retain natural landscape                                             diameter planter pots between the
             features;                                                            outdoor dining ‘Area A’ and street
          c) enhance buffer areas                                                 frontage in the vicinity of the front
             around property                                                      boundary. The landscaping will
             boundaries;                                                          soften the plaza courtyard from the
          d) suit the relative size and                                           street, but still allow surveillance to
             nature of the development                                            promote an active street frontage
             and its setting;                                                     (Refer Attachment 1).
          e) reduce the visual impact of                                          -In-ground landscaping is already
             large or bulky structures and                                        installed on the north east corner of
             fencing;                                                             the outdoor dining area and this will
          f) screen incompatible land                                             be upgraded with a small tree/ large
             uses;                                                                shrub in accordance with PSP2.
          g) conceal service, car parking                                          -Quality landscaping is already
             and loading areas; and                                                installed on the southern boundary
                                                                                   adjacent to the waste bin area as a
          h) provide privacy between
                                                                                   result of the existing approved
             any dwellings or
                                                                                   development.
             accommodation on and
             adjoining the site to a height                                        -Landscaping with planter pots has
             and density appropriate to                                            been chosen as they will provide
                                                                                   adequate landscaping and will allow
             the scale of the
                                                                                   flexibility for a future lessee, as they
             development.
                                                                                   will only be required for a lease for a
                                                                                   Food and Drink Outlet, not the Shop
                                                                                   (existing approval).

          Design                              AO2.1                               PO2
          PO2                                 Existing site trees and landscape   -Soft landscaping will be provided
          Site layout and building and        features such as rock outcrops      between the outdoor dining area and
          landscape design                    are integrated into the             street frontage.
          a) provides for soft                development wherever possible.      -Landscaping is already installed on
              landscaping to be               AO2.2                               the southern boundary adjacent to
              established in and around       Below ground components of          the waste bin area as a result of the
              the development;                buildings,                          existing approved development
          b) maximises the retention of       including basement carparks, do     -Regular watering of the planters will
              large canopy trees;             not extend beyond the above         occur.
          c) minimises the extent of          ground footprint to allow for
              impervious paved areas;         deep landscaping particularly
          d) provides for suitable plant      within building setback areas.
              layouts and densities;          AO2.3
          e) facilitates the adoption of      Alternatives to impervious
              appropriate planting            pavement are provided and are
              techniques; and                 located where landscaping and
          f) considers on-going               existing vegetation will benefit
              maintenance requirements        from increased infiltration of
              to assure the establishment     rainwater.
              and ongoing survival of         AO2.4
              plantings                       Plants are grouped in mulched
          g) reduces the impact of            beds rather than planted
              buildings and structures.       individually to provide for
                                              optimum growing conditions and
                                              less maintenance.



                                                                                                                              21

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                                  AO2.5
                                  Plants do not rely on extensive
                                  maintenance regimes such as
                                  hedging.
                                  AO2.6
                                  Plants do not generally rely on
                                  watering systems, however
                                  where necessary the design
                                  includes a sprinkler or drip
                                  irrigation system that delivers
                                  water for optimum plant growth
                                  and minimum evaporation.
                                  AO2.7
                                  Edges of different surfaces and
                                  gardens are defined to assist with
                                  maintenance.
                                  AO2.8
                                  For retaining walls, rock facing or
                                  mass rock walls are used rather
                                  than rendered block, concrete or
                                  other urban style walls.
                                  AO2.9
                                  Timbers and other natural
                                  materials that reflect the colours
                                  and textures of the landscape are
                                  incorporated.
                                  AO2.10
                                  Timbers which are allowed to
                                  fade to grey and metals that are
                                  designed to rust are used rather
                                  than materials which require
                                  regular treatment or
                                  maintenance.

Safety and security               AO5.1
                                                                          AO5
PO5                               Landscaping features like
                                                                          Soft landscaping will be provided in
Landscaping is designed and       planting, changes of material and
                                                                          linear planter boxes/600mm diam.
located to maximise the safety    texture, pedestrian shelter,
                                                                          pots between the outdoor dining
and security of public and        changes of level, artwork,
                                                                          area and street frontage and will
private areas by—                 signage, low walls, seating and
                                                                          allow filtered views into the
a) clearly defining the           the like define desired movement
                                                                          Noosaville Plaza courtyard area and
boundaries between private        areas and delineate public and
                                                                          outdoor dining ‘Area A’ to permit
and public spaces;                private areas.
                                                                          casual surveillance
b)promoting casual surveillance   AO5.2
of buildings and public areas     Landscaping allows adequate
from the street and other         visibility for casual surveillance of
public areas for personal         public and semi-public spaces.
security reasons;                 AO5.3
c) avoiding concealment spots;    Landscaping including fences,
d) maintaining safe sight         walls, outdoor furniture and
distances to and from road        artworks are designed to avoid
and building corners,             blind spots or places of
car park entrances and            concealment.
driveways;                        AO5.4
d)maintain safe sight distances   Blank solid front fences are
at planting bed ends within car   avoided and where a solid wall is
parks;                            required elements such as a
e) designing to discourage        vertical garden, creepers, murals
graffiti;                         or vandal resistant paint are
f) ensuring vegetation does not   incorporated.
inhibit the effectiveness of      AO5.5
street lighting or conceal        Front fences are no more than
signage; and                      1.2 metres high or 1.8 metres if
                                  at least 50% transparent
                                  AO5.6



                                                                                                                 22

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g) separating and defining           Landscaping is provided between
pedestrian and vehicle               the fence and the
circulation routes.                  street frontage.
                                     AO5.7
                                     Street trees and trees in car
                                     parking areas and next to
                                     pathways have a minimum
                                     canopy clearance height of 2.4
                                     metres, increasing to 5.0 metres
                                     where trucks and buses
                                     frequently use the route.
                                     AO5.8
                                     Root guards are utilised around
                                     species with potentially invasive
                                     roots to avoid trip hazards.
                                     AO5.9
                                     Landscaping allows for safe
                                     vehicle sight lines at driveways.

Species selection                    AO10.1                               AO10
PO10                                 Plantings—                           -Soft landscaping with native species
Plant species:                       a) comprise plant species            generally compliant with PSP2
a) are appropriate to the                  identified for the relevant    Landscaping (with local site & pot
biophysical conditions and                 landscape character            considerations) will be provided
landscape character of the                 area in PSP2 Landscaping;      between the outdoor dining area and
                                     b) avoid undesirable plant           street frontage in 600mm diameter
area;
b) are suitable for the space              species identified in PSP2     planter pots or lineal planters.
available, the level of visual and         Landscaping; and               -The new landscaping proposed is for
climatic exposure, the               c) incorporate appropriate           this Lot 1 outdoor area as the
functional requirements of                 understorey and taller         proposed development is in an
the site and the scale of the              species to provide screening   existing previously approved building
development;                               and softening to all levels    complex being Noosaville Plaza.
c) provide appropriate levels of           of building bulk, parking      -The small in-ground landscaping
shade and sunlight to                      areas, manoeuvring, loading    area located at the north east corner
                                           areas and open stormwater      of ‘Area A’ will also be upgraded with
occupants of the development
throughout the year;                       treatment infrastructure.      a large shrub/ small tree such as
d) minimise the demand for                                                Native Frangipani– Hymenosporum
   water use;                                                             flavum.
                                                                          - Plant species suitable for pot
e) do not cause potential
                                                                          planting will be selected from the
   damage to buildings or
                                                                          following list; and planted in
   structures;
                                                                          accordance with good horticultural
f) are not harmful to
                                                                          methods and soil mix (Refer
   pedestrians, particularly
                                                                          Attachment 1):
   around schools, childcare
                                                                          -Lomandra longifolia/hystrix- Mat-
   centres, shopping areas and
                                                                          rush/ Dianella caerulea- Flax Lilly
   other high pedestrian areas;
                                                                          -Hibbertia scandens- Guinea Flower
g) in intensively used                                                    -Cordyline rubra- Red fruited palm-
   environments, can endure                                               lily.
   high levels of activity;                                               -Westringia fruiticosa
h) do not attract wildlife to
   high risk areas; and
i) reduce the visual impact of
   the development including
   any stormwater treatment
   infrastructure.




                                                                                                               23

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Drive-     PO6                                  AO6.1                                AO6.1
ways       Sufficient parking                   The number of car parking            - Overall Carpark arrangements for
and Car-   a) is provided having regard to      spaces, motor cycle spaces,          Noosaville Plaza have been
parking    the specifics of the use             bicycle spaces and loading bays is   predetermined in the original
Code       including—                           not less than:                       development approval for Noosaville
                 (1) the type and intensity                                          Plaza.
                     of land use;               -Food and Drink Outlet               - The new use for Food and Drink
                 (2) any existing parking       - one carspace per 20m² of use       Outlet including the designated
                     available on the site;     area and outdoor business area,      outdoor dining area will create a minor
                 (3) hours of operation;        excluding kitchen and food           shortfall of carpark spaces as a result
                 (4) likely numbers of          storage areas.                       of the inclusion of the designated
                     users;                                                          outdoor ‘Area A’ (24sq.m) to create
                 (5) accessibility to                                                54.3sq.m of total use area (shop
                     the site by means                                               41sq.m minus 10.7sq.m kitchen and
                     other than private                                              food storage area). Food and drink
                     motor vehicle;                                                  outlet use - Noosa Plan 2020 at 1
                 (6) the peak parking                                                carspace/20sq.m use area= 2.71
                     demand periods of                                               spaces required.
                     uses on the site; and                                           -The existing carpark credit for Shop
                 (7) the availability of                                             is: 1.43 spaces credit (43sq.m gfa at 1
                     alternative car parking;                                        carspace/30sq.m gfa).
                     and
                                                                                     -This shortfall of approximately 1.28
           b) is provided to accommodate
                                                                                     carspaces can be dealt with via an
           the number and type of
           vehicles and motorcycles likely                                           Infrastructure Agreement for the cost
                                                                                     of 1 carpark as a contribution payment
           to be generated by the
                                                                                     consistent with previous arrangements
           development.
                                                                                     for this site.



Waste      PO1- PO6                             AO1.1- AO6                           -Waste is currently stored in the
Manage                                                                               screened previously approved waste
-ment                                                                                bin area located on the southern side
Code                                                                                 of the property in the vicinity of the
                                                                                     front courtyard, and allows for waste
                                                                                     separation.



Sustain-   PO5                                  No acceptable outcome provided       -Proposed new plantings to soften the
able       Development minimises hard                                                outdoor dining area from the road
Building   surface areas that reflect or                                             reserve will be in accordance with PSP2
Design     store heat and                                                            Landscaping, and be in the form of
Code       maximises vegetation and soft                                             600mm diameter planters/pots by
           landscaping.                                                              4.5m in overall length with mature
           PO6                                                                       plants of 0.5m - 1m in height.
           Vegetation is incorporated into                                           -Existing plantings occur in the vicinity
           the building design to create                                             of the waste storage area; and an
           shade and cooling around                                                  existing planting to the north east
           buildings.                                                                corner of outdoor Area A will be
                                                                                     upgraded with shrubs or a small tree to
                                                                                     provide shade.



Relevant Planning Scheme Policies
The Planning Scheme Policy applicable to the proposed use is Policy PSP2 – Landscaping. Relevant
matters will be incorporated in the installation of pot plants to be located along the western edge of
the outdoor dining Area A, and in the existing inground landscape area at north eastern corner of
the outdoor Area A.




                                                                                                                           24

Page 25

State Assessment

Regional Plan
The site is located within the Urban Footprint Area of the SEQ Regional Plan and the proposed use is
consistent with this designation.
State Planning Policy
As Noosa Plan 2020 has adequately incorporated relevant State Planning Policy (SPP) matters into
the Planning Scheme, no separate consideration of the SPP is required. The proposed Food and
Drink Outlet and Shop (existing) development is considered to be consistent with the SPP and will
increase commercial diversity in the area.
State Assessment Referral Agency
The subject site is mapped as Coastal area - medium storm tide inundation area under SARA
mapping, however this natural hazard issue is not of relevance to the proposed use in an existing
approved building, and no referral trigger to the State Assessment Referral Agency (SARA) is
considered to be applicable.
The proposed development in an existing approved building complex is considered to be compliant
with all other relevant State Planning Instruments, and it is considered no State Assessment is
required for this development.

Summary of Supporting information
The application includes the following:

Application Forms and Report
-Application Form - Completed DA Form 1 (Planning Act 2016)
-Application Form - Company Owners Consent
-Town Planning Report of Proposed Development - MCU Code Assessment

Appendices
Attachment 1 - Site Proposal & Landscape Plan
Attachment 2 - DA Form 1
Attachment 3 - Company Owners Consent for the making of a Development Application
Attachment 4 - Body Corporate Consent & Resolution to lodge Development Application
Attachment 5 - Body Corporate Consent to exclusive use of Outdoor Use ‘Area A’

Conclusion

The proposed development provides for a Food and Drink Outlet and Shop (existing), in an ideal
location with a primary active street frontage in Thomas St, Noosaville. Soft frontage landscaping in
planter pots is to be provided to the outdoor dining area, and reasonable operational times are
proposed to minimise any possible nearby residential neighbour impacts. It is considered the minor
increase requested for use times on Friday and Saturday is consistent with acceptable uses
anticipated for this part of Thomas Street, and in particular a small scale café or restaurant
anticipated for this use area.

The minor increase in total use area as a result of the inclusion of the proposed outdoor area
translates into the requirement to enter into an Infrastructure Agreement for the balance carpark
spaces being an estimated 1.28 spaces (with a corresponding cost of an estimated 1 carpark).

The proposed development in an existing building being for urban purposes and of a type intended
for this zone is considered to be consistent with the Performance Outcomes of the Noosaville Local
Plan Code, Tourist Accommodation Zone Code, and Business Uses Code and generally complies with



                                                                                                    25

Page 26

other relevant Works Codes as discussed above, considering the previous development approval
granted. Any minor variations to the Acceptable Outcomes have been discussed in the report above
and are considered to satisfactorily meet the Performance Outcomes.

The proposed Food and Drink Outlet and Shop (existing), is a consistent use in the Tourist
Accommodation zone and the proposed development is expected to provide a high quality and
positive contribution to the active character and intent of the Thomas Street precinct.
Consequently, it is considered the application should be approved subject to reasonable and
relevant conditions, providing a conditional final approval without the need for further Operational
Works assessment.


APPENDICES
Attachment 1 - Site Proposal & Landscape Plan, & Site Plan
Attachment 2 - DA Form 1
Attachment 3 - Company Owners Consent for the making of a Development Application
Attachment 4 - Body Corporate Consent & Resolution to lodge Development Application
Attachment 5 - Body Corporate Consent for exclusive use of common property for Lot 1 to use
‘Area A’




                                                                                                   26

Page 27

Attachment 1

   Plan No.      Rev. Plan Name                             Author        Date
   1-10THOM-L1   B    Site Proposal & Landscape Plan        Neil Blamey   8 April 2021
                      (prepared from on-site measurements
                      and survey plan estimations)
   2-10THOM-L1   B    Site Plan                             Neil Blamey   8 April 2021
                      (excerpt from Survey Plan)




                                                                                         27

Page 28

28


[OCR of page images]
SITE PROPOSAL & LANDSCAPE PLAN
NOOSAVILLE PLAZA - GROUND FLOOR/ LEVEL A - 1/10 THOMAS ST, NOOSAVILLE

 

 

   

 

 

  

  
 

 

 

N =
Kitchen =
& Food —= — a
Storage i K— = "ATMs J =
Area | =
\} 10.7sq.m ‘ =
| 7 :
¥ . :
/ 9 -Existing Umbrella aay ~
-Outdoor Dining >
‘Area A’ 24sq.m >
Lot 1 ~
$P100808 —— ~
43sq.m (gfa) 2 ~—
a |
N |{———- 45m —}
t KS — —
i 4 — ———
7 THOMAS ST 0 1 2 3

Site Proposal & Landscape Plan

STREET

THOMAS

 

 

Subject site (not to scale)

 

LAND. PING PLANTIN IHEDULE

AREA 1: x1 200mm pot - Native Frangipani- Hymenosporum
flavum (or similar from PSP2).

AREA 2: x7 permanent planter pots 600mm diam. spaced 50mm
apart. Planter pots to be free draining.

x1 200mm plant to be placed in each planter pot as follows:
-POT 1 & 7-x1 Lomandra longifolia/hystrix- Mat-rush, or Dianella
caerulea- Flax Lilly

-POT 2 & 6-x1 Hibbertia scandens- Guinea Flower

-POT 4-x1 Westringia fruiticosa- Coastal Rosemary

x2 200mm plants to be placed in each planter pot as follows:
-POT 3 & 5—x2 Cordyline rubra- Red fruited palm-lily.

EXISTING PLANTING: Screening adjacent to waste bin storage
area.

ESTABLISHMENT AND MAINTENANCE

-Plants to be approx. 500mm to 1m high when mature (Minor 6
monthly pruning may be required. Water daily until established
and then weekly or as required).

-Soil for planter pots to be a suitable high quality potting mix for
native plants. SOmm mulch to be provided to all plantings.

 

 

 

 

Landscaping Planting Schedule

 

 

 

 

 

LEGEND TITLE SITE PROPOSAL & N annnnnn-
LANDSCAPE PLAN
A LANDSCAPING — PLANTER POTS 600mm SCALE 1:100 (Proposal Plan) NB Urban Places Town Planning
AUTHOR | NEIL BLAMEY ie srereero
W777) BIN STORAGE & LANDSCAPING (exist.) SITE 1/10 THOMAS ST,
ro NOOSAVILLE
GW WY LOT 1 & ‘AREA A’ (subject site) LOT LOT 1 SP100808

 

 

 

PLAN NO: 1-10THOM-L1 REV. B

 

 

DATE 8 APRIL 2021

 

 

Wild design

 

 

Page 29

SITE PLAN
NOOSAVILLE PLAZA - GROUND FLOOR/ LEVEL A - 1/10 THOMAS ST, NOOSAVILLE




LEGEND                               TITLE    SITE PLAN             N
                                                                   /I\
                                     SCALE    INDICATIVE (1:200)    I
 LOT 1 & ‘AREA A’ (subject site)     AUTHOR   NEIL BLAMEY          NB Urban Places Town Planning
                                     SITE     1/10 THOMAS ST,      ABN: 47672867981
                                                                   a: Castaways Beach, Qld 4567
                                              NOOSAVILLE           t:    0490 830 812
                                     LOT      LOT 1 SP100808       e:    [email protected]
                                                                   i:    www.nburbanplaces.com
PLAN NO: 2-10THOM-L1 REV. B          DATE     8 APRIL 2021




                                                                                             29

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