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Planning Report Chalet & Co - 12.03.18

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                      MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                  1 Tingira Crescent, Sunrise Beach




Town Planning Report

MATERIAL CHANGE OF USE TO ESTABLISH
Entertaining and Dining Business Type 1 Food and
Beverage

1 TINGIRA CRESCENT, SUNRISE BEACH described as L o t 1 1
on S P 11 26 33



Applicant: Ms Yu-Hsi Pai



Date: MARCH 2018
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                                                  MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                                                                1 Tingira Crescent, Sunrise Beach



   1.             Summary ............................................................................................................... 5
   2.             Application Information ............................................................................................ 6
   3.             Development Intent ................................................................................................. 7
   4.             Characteristics of Site and Surrounds ........................................................................... 8
        4.1       Site Characteristics ....................................................................................................... 8
        4.2       Past and Existing Uses ................................................................................................. 10
        4.3       Surrounding Area Land Uses ......................................................................................... 12
   5.             Proposed Development Details ................................................................................ 14
        5.1       Material Change of Use ............................................................................................... 14
        5.2       Hours of Operation ..................................................................................................... 14
        5.3       Use Area ................................................................................................................... 15
        5.4       Carparking ................................................................................................................ 15
   6.             State Planning Interests .......................................................................................... 18
        6.1       State Planning Regulatory Provisions.............................................................................. 18
        6.2       State Planning Policy ................................................................................................... 19
        6.3       State Development Assessment Provisions...................................................................... 19
   7.             SEQ Regional Plan.................................................................................................. 20
   8.             Noosa Plan Considerations ...................................................................................... 21
        8.1       Desired Environmental Outcomes ................................................................................. 21
        8.2       Locality and Zone ....................................................................................................... 22
        8.3       Land Use Definition .................................................................................................... 24
        8.4       Level of Assessment .................................................................................................... 24
        8.5       Applicable Development and Overlay Codes .................................................................... 24
        8.5.1     Business Uses Code .................................................................................................... 24
        8.5.2     Eastern Beaches Locality Code ...................................................................................... 25
        8.5.3     Advertising Devices Code ............................................................................................. 25
        8.5.4     Building Removal, Relocation and Demolition Code .......................................................... 25
        8.5.5     Building Works Code ................................................................................................... 25
        8.5.6     Detached House Driveways Code .................................................................................. 25
        8.5.7     Driveways and Carparking Code .................................................................................... 26
        8.5.8     Earthworks Code ........................................................................................................ 26
        8.5.9     Erosions and Sediment Control Code ............................................................................. 26
        8.5.10 Existing Services Code ................................................................................................. 26
        8.5.11 Landscaping Code ....................................................................................................... 26
        8.5.12 Transport, Roads and Drainage Code ............................................................................. 27
        8.5.13 Waste Management Code ............................................................................................ 27
        8.5.14 Water Sensitive Design Code ........................................................................................ 27
        8.5.15 Watercourses Works Code ........................................................................................... 27
        8.5.16 Natural Hazards Overlays Code ..................................................................................... 27
        8.6       Relevant Planning Scheme Policies ................................................................................ 27
   9.             Conclusion ........................................................................................................... 28




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                                  MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                              1 Tingira Crescent, Sunrise Beach




   Figure 1 – Site Location Plan
   Figure 2 – Cadastral Plan
   Figure 3 –Council Zone Map
   Figure 4 – Surrounding Amenities
   Figure 5 – 800m Walking Catchment
   Figure 6 – SEQ Regional Plan Land Use Category Map



   Photo 1 –Chalet & Co and Beach Chalet Holiday Apartment Complex
   Photo 2 –Chalet & Co and Beach Chalet Holiday Apartment Complex
   Photo 3 –Adjoining Holiday Apartment Complexes




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                                     MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                                  1 Tingira Crescent, Sunrise Beach




Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced by
any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for the sole purposes of Ms Yu-Hsi Pai (“Client”) for the specific
purpose of demonstrating the proposed use as being permitted under the Noosa Plan 2017
(“Purpose”). This report is strictly limited to the purpose and the facts and matters stated in it and
does not apply directly or indirectly and will not be used for any other application, purpose, use or
matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up-to-date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
•    this report may not be relied on by a Third Party; and
•    RG Strategic will not be liable to a Third Party for any loss, damage, liability or claim arising out
     of or incidental to a Third Party; and
•    Publishing, using or relying on the facts, content, opinions or subject matter contained in this
     report
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this
report with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.




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                                        MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                                    1 Tingira Crescent, Sunrise Beach




1.         Summary
Ms Yu-Hsi Pai (the Applicant) has engaged RG Strategic to seek development approval for a Material Change of
Use (Impact Assessable) to establish a café with outdoor dining (Chalet & Co). As per discussions with Council
representatives, the purpose of this application is to formalise the current nonconforming use as a Entertaining
and Dining business – Type 1 Food and beverages (Café).
The subject site is located at 1 Tingira Crescent, Sunrise Beach and is formally described as Lot 11 on SP112633,
as shown on Figure 1 Site Location Plan.
The proposed development of this site constitutes ‘development’ as defined by Schedule 2 of the Planning Act
2016. This report demonstrates that the proposed Material Change of Use of Premises for an Entertaining and
Dining business – Type 1 Food and beverages (Café) on the site is permitted.
The proposed café is deemed inconsistent Impact Assessable development under the provisions of the Noosa
Plan 2017 and the Planning Act 2016. The proposal will be assessed against the intent of the Planning Scheme
and the Desired Environmental Outcomes.
The current non-conforming use has been operating from the premises for approximately 20 years. During this
time no issues have been raised by the Body Corporate or adjacent uses regarding the café use. The existing
café is favoured by visitors and residents of the Sunrise area and is of a scale which is fitting to the informal
beachside character of Sunrise Beach.
The current out-of-date Planning Scheme does not reflect the current and future needs of the community or
provide for a use such as the proposed. The proposed café is responsive to and services the needs of the new
uses in the locality. Providing sit down and take away provisions Chalet & Co serves the permanent residential
population of Sunrise Beach, the visitors residing in the short term accommodation adjacent to the site, and
the users of the Council patrolled beach.
This planning report provides greater detail of the nature of the proposal, describes the site characteristics and
surrounding land uses, and provides a statutory assessment against the intents and code requirements of the
Planning Scheme. These matters are set out in;
•    Proposal development intent;
•    Description of the characteristics of site and surrounds;
•    Proposed development details;
•    An assessment of the proposal against the State planning interests;
•    An assessment of the proposal against the SEQ Regional Plan;
•    An assessment of the proposal against the Noosa Plan 2016; and
•    A conclusion that provides summary grounds which support the proposed Material Change of Use.

A Use Area Plan has been prepared by Zest Building Design and is Appendix A of this report. The proposed
Entertaining and Dining business – Type 1 Food and beverages (Café) is consistent with the intent of the
Planning Scheme’s Desired Environmental Outcomes and the overall outcomes sought for the locality.
Approval of the proposed café will not conflict with the higher order centres within the Noosa Shire. Therefore,
approval with reasonable and relevant conditions is recommended.




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                                     MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                                 1 Tingira Crescent, Sunrise Beach




2.          Application Information
 SITE DETAILS

 Address                       1 Tingira Crescent, Sunrise Beach
 Real Property Description     Lot 11 on SP112633
 Land Area                     1,696m2
 Use Area                      42.3m2
 Local Authority               Noosa Council
 Current Use                   General Store / Non-conforming Café
 Proposed Use                  Entertaining and Dining business – Type 1 Food and beverages (Café).

 PLANNING SCHEME DESIGNATIONS
 Planning Scheme               The Noosa Plan 2016 (amended 28 October 2016)
 Locality                      Eastern Beaches
 Zone                          Attached Housing Zone
 Precinct                      N/A
 Overlays and Relevant Codes   •     Business Uses Code
                               •     Eastern Beaches Locality Code
                               •     Advertising Devices Code
                               •     Building Removal, Relocation and Demolition Code
                               •     Building Works Code
                               •     Detached House Driveways Code
                               •     Driveways and Carparking Code
                               •     Earthworks Code
                               •     Erosion and Sediment Control Code
                               •     Existing Services Code
                               •     Landscaping Code
                               •     Transport, Roads and Drainage Code
                               •     Waste Management Code
                               •     Water Sensitive Design Code
                               •     Water Supply and Sewerage Reticulation Code
                               •     Watercourses Works Code
                               •     Natural Hazards Overlays Code – Bushfire & Landslide

 APPLICATION DETAILS
 Applicant                     Ms Yu-Hsi Pai
 Level of Assessment           Impact Assessable
 Referrals                     N/A
 PROJECT TEAM
 Town Planning                 RG Strategic
 Site Plan                     Zest Building Design



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                                        MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                                    1 Tingira Crescent, Sunrise Beach




3.         Development Intent
The existing development and use comprises of a café (Chalet & Co) operating from the ground floor of a
multistorey holiday apartment complex (Beach Chalet) located at 1 Tingira Crescent, Sunrise Beach. In order to
formalise the current non-conforming use a Material Change of Use to establish a café is required.
The proposed Entertaining and Dining business – Type 1 Food and beverages (Café) (Chalet & Co) is a popular
café which caters predominantly to the local community of Sunrise Beach and visitors to the Council patrolled
beach.

The existing café provides a local retail function at a scale which is fitting for the informal coastal atmosphere
of Sunrise Beach. Aligning with the definition of Type 1 Food and Beverage, Chalet & Co comprises of indoor
and outdoor seating for patrons.

As can be seen by the proposed trading hours of 6.00am – 3.00pm, the café is focused on the breakfast and
lunch time trade of both the local community and adjoining holiday apartments. It is both complimentary and
in keeping with the past uses on the site and serves an important localized function to the community.

Councils own shopping complex in Ben Lexcen Drive does not fulfill the requirements of the local community
due to its location and offering of services. The Chalet and Co café due to its adjacent location to the patrolled
beach meets the expectation and requirements of those who are attending the beach for recreation purposes.




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                                        MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                                    1 Tingira Crescent, Sunrise Beach




4.         Characteristics of Site and Surrounds

4.1        Site Characteristics
The land which is subject of this report (i.e. the site) is located at 1 Tingira Crescent, Sunrise Beach and
described as Lot 11 on SP112633 as shown on Figure 1 Site Location Plan and Figure 2 Cadastral Plan. Access to
the café is via Tingira Crescent. Figure 1 below indicates the site’s location.




                              Subject Site




                                             Figure 1. Site Location Map
                                                   Source: QLD Globe


The proposed café (Chalet & Co) is well situated between the residential communities of Sunrise and Sunshine
Beach. Within close proximity to the site are numerous Attached, Semi-Attached and Detached residential
developments. The existing non-conforming café operates from the ground level of a multistorey holiday
apartment complex (Beach Chalet). The café is frequented by visitors residing in the adjoining apartments and
residents within the locale.
The café is well serviced by public transport (two bus stops are located within 300m of the site) and supporting
facilities and services. The site is connected to the Business and Neighbourhood Centres of Noosa Junction,
Sunshine Beach and Peregian Beach via the David Low Way.
Chalet & Co is a small café overlooking Sunrise Beach and does not present any adverse impacts on adjoining
properties or land uses.


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                   MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                               1 Tingira Crescent, Sunrise Beach




                       Figure 2. Cadastral Map
                            Source: QLD Globe

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                                        MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

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4.2        Past and Existing Uses
Existing on the 1,696m2 is a multistorey holiday apartment complex (Beach Chalet) and small café (Chalet & Co).
Since the redevelopment of the site, a café with take-away provisions has been operating from the site for
approximately 20 years. The existing and past uses of the site have consisted of indoor and outdoor dining
areas, take-away provisions, food display and counter, kitchen and amenities.
Historical aerial pictures clearly show that the outdoor common property area which is licensed for use to Lot 11
being the café as having a large number of outside table, chairs and umbrellas, in excess of the allowed 10 seats
as per the planning scheme requirements.
Outside of the Business and Neighbourhood Centres of Noosa Junction, Peregian and Sunshine Beaches, Chalet
& Co is the only café within close proximity to the residents of Sunrise. Due to the site’s central location, ease
of accessibility via a major road and public transport, community facilities and Council patrolled beach, the café
services a considerable local and visitor population.
Overlooking Sunrise Beach, Chalet & Co proves to be a favourite meeting spot for local residents and visitors
enjoying the natural low-key appeal of the locality. Refer to the following Photos 1, 2 and 3 of the existing café
operation and its setting.




                      Photo 1. Chalet & Co and Beach Chalet Holiday Apartment Complex
                                                Source: RG Strategic




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                                   MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                               1 Tingira Crescent, Sunrise Beach




                   Photo 2. Chalet & Co and Beach Chalet Holiday Apartment Complex
                                          Source: RG Strategic




                           Photo 3. Adjoining Holiday Apartment Complexes
                                          Source: RG Strategic

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                                           MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                                       1 Tingira Crescent, Sunrise Beach




4.3        Surrounding Area Land Uses
As illustrated in Figure 3, the surrounding area of the subject site predominately encompasses Residential uses
of various densities. A number of multistorey holiday apartment complexes adjoin the site as evidenced in
Photo 3 above. The site overlooks the coastline of Sunrise Beach which is designated by Council as Open Space
Conservation. A community shelter is adjacent to the café and has a view of the coast line.

The existing use is of a scale which is fitting and responsive to the informal beachside character of Sunrise
Beach. Providing sit down and take away provisions Chalet & Co serves the permanent residential population
of Sunrise Beach, the visitors residing in the short term accommodation adjacent to the site, and the users of
the Council patrolled beach.




                                            Figure 3. Council Zone Map
                                                 Source: Noosa Council

As demonstrated in the below figure (Figure 4) the café is well situated to service the users of Council’s
community amenities. Along with the park/picnic area and life guard patrolled beach, Council has numerous
beach associated facilities within close proximity of the site including;

    •    Public toilets and shower facilities,
    •    Marine life viewing platform, and
    •    Designated public carparking.
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                                         MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                                       1 Tingira Crescent, Sunrise Beach




The patrolled beach is highly accessible with two beach access points provided, and two bus stops located
within walking distance.




                    Bus stop




                                                                                           Beach access

                                  Council beach parking




                                  Council toilets and
                                   shower facilities




                                                                         Picnic area / park

                                                  Bus stop


                                                                              Marine wildlife
                                                                             viewing platform

                         Subject Site
                                                                        Beach shower



                                                        Beach access


                                        Figure 4. Surrounding Amenities
                                                Source: QLD Globe




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5.         Proposed Development Details

5.1        Material Change of Use
This report demonstrates that the proposed Material Change of Use of Premises for Entertaining and Dining
business – Type 1 Food and beverages (Café) on the site is permitted. The intention of this application is to
formalise the existing café operation which aligns with the definition of Entertaining and Dining Business –
Type 1. No changes to the internal configuration of the café are proposed. The existing use is of a scale which is
fitting and responsive to the informal beachside character of Sunrise Beach.
The current out-of-date Planning Scheme does not reflect the current and future needs of the community, or
provide for a use such as the proposed. The current non-conforming use as a café with seating for more than
10 persons has been operating from the premises for approximately 20 years.
Providing sit down and take away provisions Chalet & Co serves the permanent residential population of
Sunrise Beach, the visitors residing in the short term accommodation adjacent to the site, and the users of the
Council patrolled beach. As a patrolled beach with community facilities, Sunrise Beach is a popular destination
for both local residents and tourists.
A patron survey was conducted over 2 weeks from January 19th – February 3rd at the existing non-conforming
café with the following important details noted:
     •   84% of all patrons stated that their primary purpose in visiting the Sunrise Beach locality was to
         undertake activities at the beach (swimming, surfing, kite surfing walking/running, etc.). Whilst their
         secondary purpose was to dine-in or use the take away provisions of the existing café (Chalet & Co).
     •   78% of all patrons stated that they would still visit the Sunrise Beach locality to use Council’s amenities
         even if the café did not exist.
It is important to note that the existing café is a supplementary use for visitors of Sunrise Beach and is
responsive to and services the needs of the new uses in the locality. In formalising the proposal, the café does
not present any adverse impacts on adjoining properties or land uses.


5.2        Hours of Operation
The current and proposed hours of operation for the existing café are listed below in Table 1. The proposed
hours of operations reflect the current opening hours. Outside of the Business and Neighbourhood Centres of
Noosa Junction, Peregian and Sunshine Beaches, Chalet & Co is the only café within a short distance to the
residents of Sunrise Beach. Importantly, Council’s life guard services do not conclude until 6:00PM during the
summer months.

The hours of operation allow the café to better serve the residents of Sunrise Beach, the visitors residing in the
short term accommodation adjacent to the site, and the users of the patrolled beach.

Table 1: Proposed Hours of Operation.
                   Monday     Tuesday      Wednesday        Thursday         Friday       Saturday        Sunday
                   6:00AM -   6:00AM -      6:00AM -        6:00AM -       6:00AM -       6:00AM -       6:00AM -
Proposed
                    3:00PM     3:00PM        3:00PM          3:00PM         3:00PM         3:00PM         3:00PM


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                                            MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                                             1 Tingira Crescent, Sunrise Beach




5.3        Use Area
The existing non-conforming café is of a scale which is fitting to the informal beachside character of Sunrise
Beach. With the café overlooking Sunrise Beach, the outdoor dining area is a favourite with residents and
visitors and as such has been consistently used for the past 20 years. As illustrated in the Use Area Plan
(prepared by Zest Building Design in Appendix A) the proposed café will formalise the indoor and outdoor
dining areas.
Table 2 below presents the current and proposed use areas. The proposal includes an approximate 20%
reduction in the use area of the current nonconforming café use. The proposed changes to the use area are
considered minor and will not pose any adverse impacts to adjoining land uses or impede the café’s ability to
serve the residents of Sunrise Beach or users of the patrolled beach.


Table 2: Current and Proposed Use Areas.
Current Use Area             60m2 internal + 53m2 outside
Proposed Use Area            29.3m2 Internal + 13m2 outside


5.4        Carparking
It may be considered that the proposal is seeking a relaxation for the provision of the carparking spaces
required. The current approval from 1998 was a combined application that made carparking provisions for the
accommodation units and the General Store at the time.

The General Store has a direct allocation of one carparking space with a further 3 visitor spaces available. It
was anticipated at the time of the original approval that customers from the general store would either walk to
the locality or use the existing spaces on site.

Table 3 below gives a comparison to the use areas of the previous approvals vs the proposed use area for the
current application. This comparison demonstrates that the use area has reduced and as such one would
assume that the previous carparking requirements satisfy the present day carparking requirements.

Table 3: Carparking Calculation – Previous approval vs current application
         Use                  Use Definition              Use Area         Carparking Rate             Required Spaces
                                                                         1 space per 20m2‐
Existing shop –      Retail Business – Type 2 Shop &   Indoor use area
                                                                         of use area for        3 carparking spaces
indoor area          Salon                             = 60m2
                                                                         areas up to 100m2
                                                                         1 space per 15m2 or
                                                       Outdoor use
Existing shop –      Retail Business – Type 2 Shop &                     part thereof of any
                                                       area = 53m2                              3.53 carparking spaces
outdoor area         Salon                                               outdoor dining area
                                                                         on the property
                                                                         1 space per 10m2‐
Proposed Cafe –      Entertainment and Dining          Indoor use area
                                                                         of use area for        2.93 carparking spaces
indoor use area      Business – Type 1 Food and        = 29.3m2
                                                                         areas up to 100m2
                     Beverage
                                                                         1 space per 10m2 or
                     Entertainment and Dining          Outdoor use
Existing shop –                                                          part thereof of any
                     Business – Type 1 Food and        area = 13m2                              1.3 carparking spaces
outdoor area                                                             outdoor dining area
                     Beverage
                                                                         on the property

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                                                                                       1 Tingira Crescent, Sunrise Beach




The table demonstrates if one was to consider present day arrangements that sufficient previous allowance or
credit exits for this application. As the previous application is quite dated being some 20 years ago it has been
hard to ascertain how previous car parking provisions were calculated.

What can be assumed is that this application is doing no more than formalizing a use and use areas that have
been in existence for 20 years.

If it is deemed that a relaxation of the required carparking spaces is required it can be justified by:
    •    The current non-conforming use has been operating from the premises for approximately 20 years.
         During this time no issues have been raised by the Body Corporate or adjacent uses regarding the café
         use.

    •    84% of all patrons stated that their patronage at the existing café was a secondary and supplementary
         activity with the primary purpose in visiting the Sunrise Beach locality was to undertake activities at
         the beach (swimming, surfing, kite surfing walking/running, etc.). Therefore, these customers had
         either utilised Council’s designated beach carparking facilities located within a short distance from the
         café or had arrived using the existing public or active transport infrastructure or had walked from their
         residence or holiday accommodation.

    •    The existing café is well located to serve a significant population of Sunrise Beach’s permanent
         residents being that the café is within walking distance (refer to Figure 5). The majority of the
         surrounding land uses encompasses Residential uses of various densities.

    •    If the proposal is not formalised then there will be a greater impact regarding traffic as residents will
         have to travel to the larger business centres of Sunshine and Peregian Beaches to access café dine-in
         and take-away provisions.

    •    The existing café has not created any issues regarding traffic or pedestrian safety to date and no
         adverse impacts are posed through the formalisation of the existing non-conforming use.




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                                   MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                               1 Tingira Crescent, Sunrise Beach




                                                                    Subject Site




                   800m Walking Catchment




                                 Figure 5. 800m Walking Catchment
                                            Source: QLD Globe




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                                                                                     1 Tingira Crescent, Sunrise Beach




6.         State Planning Interests

6.1        State Planning Regulatory Provisions
State planning regulatory provisions are state planning instruments that regulate development and can
apply to all or part of the state.
The following regulatory provisions are in effect:


 State Planning Regulatory Provisions        Comment
 Draft Palm Island State Planning Regulatory Not applicable
 Provision 2015                              The site is not located within the Palm Island area.
 Yeerongpilly Transit Oriented Development Not applicable
 State Planning Regulatory Provision       The site is not located within the Yeerongpilly
                                           Transit Oriented Development area.

 Draft amendment to the South                    East The subject site is located within the Regional
 Queensland Regional Plan 2009-2031             State Landscape and Rural Production Area (see Figure 4).
 Planning Regulatory Provisions

 Guragunbah State Planning Regulatory Provision         Not applicable
                                                        The site is not located within the Guragunbah area.

 State Planning Regulatory Provision        (adopted The Council’s Adopted Infrastructure              Charges
 charges)                                            Resolution reflects these provisions.

 Off-road motorcycling facility on State-owned land Not applicable
 at Wyaralong                                       The site is not located within the Wyaralong area.


 State Planning Regulatory Provisions (Adult stores)    Not applicable
                                                        The proposal does not include an adult store use.


 South East Queensland Koala Conservation               Not applicable
 State Planning Regulatory Provisions
                                                        The site is not located within a Koala Assessable
                                                        Development area.
 Queensland Housing Affordability Strategy, Not applicable
 Greenfield land supply in South East Queensland The site is not identified within the Housing
                                                 Affordability Strategy.




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                                                                                      1 Tingira Crescent, Sunrise Beach




6.2        State Planning Policy
The State Planning Policy (SPP) defines the Queensland Government’s policies about matters of state
interest in land use planning and development. The SPP only applies to development assessment if the
planning scheme has not yet appropriately integrated the SPP. If there is a discrepancy between a local
planning scheme and a state planning policy, then what is outlined in the state planning policy overrides the
planning scheme. The Noosa Plan does not reflect the SPP and assessment against the SPP is required.
Part E of the SPP details the interim development assessment requirements for the following state
interests:
 State Interest                               Comment
 Mining and extractive resources              Not applicable
                                              The site is not within a key resource area (KRA), the
                                              separation area of a KRA or the transport route separation
                                              area of a KRA.
 Biodiversity                                 Not applicable
                                              The site does not include land that relates to a matter of
                                              state environmental significance.
 Coastal Environment                          Not Applicable
                                              The site is not located within the coastal management
                                              district.
 Natural Hazards                              The site is located within Coastal Hazard Area – erosion prone
                                              area. The proposal includes the reuse of an existing building
                                              and no major building work is proposed. The site is located as
                                              far landward from the seaward boundary as possible.
                                              Sufficient space is available to enable the future construction
                                              of erosion control structures.
 Water Quality                                Not applicable
 Emissions and hazardous activities           Not applicable
 State Transport Infrastructure               Not applicable
                                              The site is not located within 400m of a public passenger
                                              transport facility or future public passenger transport facility.
 Strategic airports and aviation facilities   Not applicable
                                              The site is not located within proximity of a strategic airport
                                              or aviation facility.




6.3        State Development Assessment Provisions
 The State Development Assessment Provisions (SDAP) set out the matters of interest to the state for
 development assessment, where the state assessment and referral agency (SARA) is responsible for
 assessing or deciding development applications as assessment manager or as a referral agency. The SDAP is
 not applied by local government in the assessment of this impact-assessable application.




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                                     MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                                 1 Tingira Crescent, Sunrise Beach




7.         SEQ Regional Plan
The subject site is located within the Urban Footprint as determined by the South East Queensland Regional
Plan (Figure 6).




                            Figure 6. SEQ Regional Plan Land Use Category Map
                                        Source: DSDIP online DA mapping




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                                              MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                                          1 Tingira Crescent, Sunrise Beach




8.         Noosa Plan Considerations

8.1        Desired Environmental Outcomes

COMMERCIAL & RETAIL USES
A hierarchy of centres with a range of Commercial and Retail business uses provide suitable levels of amenity,
service and access to the community, consistent with the community’s location and needs and is based on—

         vi) neighbourhood or visitor centres at Peregian Beach, Sunrise Beach, Sunshine Beach, Noosa Heads,
         Noosaville, Tewantin, Cooroibah and Teewah;

         viii) Uses that comprise a large component of Commercial and Retail business uses or other non-
         industrial uses are not located on land that is otherwise intended for Industrial business uses;

Comment: The proposed Entertaining and Dining business – Type 1 Food and beverages (Café) is of a scale
suitable for its location. The small café with outdoor dining provides a casual dining atmosphere desired by
local residents and tourists.

The use recognises and reflects the natural character and environment of the Eastern Beach communities. The
proposed café will not conflict with the higher order centres of Peregian, Sunshine Beach and meet the
expectation and needs of the Sunrise Beach visitor and resident that is not met by the shopping centre facilities
on Ben Lexcen Drive.

COMMUNITY USES & FACILITIES
An adequate range of community services and facilities supporting the physical, safety, artistic and social needs
of the community are equitably distributed having regard to the—

         i) location and density of housing;

         ii) location of transport infrastructure;

         iii) location of business centres;

         iv) social, economic and demographic patterns of Noosa; and

         v) function of towns and villages.

Comment: The café is highly accessible due to its proximity to the David Low Way (major transport corridor)
and linking public and active transport infrastructure. Acting as a focal point, the development provides a low
key informal atmosphere and café experience for visitors residing in the adjacent and neighbouring holiday
accommodation.

Outside of the Business and Neighbourhood Centres of Noosa Junction, Peregian and Sunshine Beaches, Chalet
& Co is the only café within close proximity to the residents of Sunrise Beach. Providing sit down and take away
provisions Chalet & Co serves the permanent residential population of Sunrise Beach, the visitors residing in
the short term accommodation adjacent to the site, and the users of the Council patrolled beach.


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TOURISM
A tourism industry is development and sustained which—

         i) is based on Noosa’s natural assets including the subtropical climate, the beaches, watercourses and
         foreshores, and the National Parks and bushland;

         ii) fosters an appreciation and understanding of heritage;

         iii) focuses on the coastal localities of Noosa Heads, Noosaville, Sunshine Beach and Peregian Beach,
         but provides complementary rural visitor accommodation;

         iv) offers visitors a range of experiences and accommodation types;

         v) contributes to the economic wellbeing of Noosa; and

         vi) achieves ecological, economic and social sustainability.

Comment: Overlooking Sunrise Beach, Chalet & Co proves to be a favourite meeting spot for local residents
and visitors enjoying the natural low-key appeal of the locality. The scale of the café is appropriate for servicing
the adjacent and neighbouring residential developments.

The large majority café patrons are identified as being tourists visiting the Sunrise Beach locality or tourists
residing in the adjacent short term accommodation developments. Their patronage at the café is a secondary
and supplementary activity to their primary purpose of undertaking activities at the beach (swimming, surfing,
kite surfing walking/running, etc.). The proposed café is responsive to and services the needs of the new uses
in the locality.




8.2        Locality and Zone
The subject property is located in the Eastern Beaches Locality within the Attached Housing Zone of the Noosa
Council. The following extracts are taken from the Eastern Beaches Locality Plan in Part 7 of the Noosa Plan
2016 and state the relevant overall outcomes for the Eastern Beaches Locality.


Character Statement Eastern Beaches
         Sunrise Beach is attractive to families and permanent residents, with relatively easy access to the
         beach, local shopping services, the schools in Ben Lexcen Drive and higher order services available in
         Noosa Heads. Sunrise Beach provides housing and unit accommodation, though in the east, proximity
         to the David Low Way and generally lower vegetation forms, means that development is more exposed.
         Sunrise Beach has a high proportion of detached housing, as compared to Sunshine Beach, and that
         housing is characterised by a mix of lightweight and masonry construction, featuring a greater
         proportion of low set brick and tile homes in lower areas and large masonry homes on the ridges with
         ocean and/or lowland views.


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         Closely spaced three storey unit developments are located along the beachside, nodes of duplex style
         dwellings are set on the slopes of the dunes west of David Low Way, while gated enclaves of attached
         housing are present in the north-western areas.


Comment: The existing café operation is in keeping with the Character Statement of Sunrise Beach and proves
to be a popular destination for local residents and tourists alike.

7.8                Overall outcomes for the Eastern Beaches Locality
         d)        The Eastern Beaches Locality retains its primary role as a residential area, though continues to
                   provide some visitor accommodation and a range of local retail and commercial functions at
                   Sunshine Beach, Sunrise Beach and Peregian Beach;.

         f)        The scale and form of buildings and other structures are—
                   i) designed to be responsive to the informal beachside character of the locality, being low rise
                   buildings, with pitched or curved roofs and building materials that blend with the dune and
                   coastal landscape;
                   ii) in keeping with the surrounding streetscape and landscape qualities;
                   iv) consistent with the amenity and safety expectations of the community;

         j)        The environmental and cultural heritage values of the locality are conserved and well
                   managed.

         q)        For Sunrise Beach—
                   i) Sunrise Beach provides a high proportion of detached houses and some Multiple housing and
                   is attractive to families and permanent residents for its relatively easy access to the beach and
                   local services and facilities;
                   ii) local shopping services, schools and other community facilities are located in Ben Lexcen
                   Drive serving local residents both within and outside the locality, whilst higher order services
                   are available in Noosa Junction and Noosaville;
                   iii) development in the Sunrise Beach neighbourhood centre (on land zoned Neighbourhood
                   Centre on Map ZM4, expresses a pedestrian scale, and provides integrated landscaping and car
                   parking areas and allows opportunities for outdoor dining and meeting, which contributes to
                   the character and vitality of the centre;

         w)        For the Attached Housing Zone—residents and visitors are accommodated in predominantly
                   Multiple housing forms that—
                   i) contribute to a high level of residential amenity, design quality and safety;
                   ii) respect the scale and character of the streetscape and surrounding development; and
                   iii) express a coastal building style that integrates with the landscape and topography;


Comment: The existing café (Entertaining and Dining business – Type 1 Food and beverages) is consistent with
the overall outcomes sought for the Eastern Beaches Locality. The existing use is of a scale which is fitting and
responsive to the informal beachside character of Sunrise Beach. The built form of the proposed use
complements the casual coastal building style and proves to be a popular meeting place for residents and
visitors

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8.3        Land Use Definition
The proposed development has been defined under the Noosa Plane 2016 as;
Primary Use: Business Uses
Use Class: Entertaining and Dining business
Use:– Type 1 Food and beverages


The use of premises involving the sale of food and beverages for consumption on the premises. The use class
includes a function room or restaurant or café with dining facilities for 10 or more people.
Comment: The development is consistent with the above definition.




8.4        Level of Assessment
In accordance with the Assessment Table 7.3 for the Attached Housing Zone in the Eastern Beaches Locality,
the development is identified as an inconsistent use and subject to Impact Assessment.



8.5        Applicable Development and Overlay Codes
The following Codes are applicable to the proposed development:
    •         Business Uses Code
    •         Eastern Beaches Locality Code
    •         Advertising Devices Code
    •         Building Removal, Relocation and Demolition Code
    •         Building Works Code
    •         Detached House Driveways Code
    •         Driveways and Carparking Code
    •         Earthworks Code
    •         Erosion and Sediment Control Code
    •         Existing Services Code
    •         Landscaping Code
    •         Transport, Roads and Drainage Code
    •         Waste Management Code
    •         Water Sensitive Design Code
    •         Water Supply and Sewerage Reticulation Code
    •         Watercourses Works Code
    •         Natural Hazards Overlays Code – Bushfire & Landslide



    8.5.1          Business Uses Code
Comment: The proposed café has been assessed and is consistent with the specific outcomes outlined in
Tables 14-8 and 14-10 of the Business Uses Code. The site is highly accessible via a major road (David Low Way)
and active transport infrastructure and is well presented to the road (Tingira Crescent).

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Existing landscaping and aesthetic treatments maintain a satisfactory level of acoustic and visual amenity for
surrounding properties and patrons of the café. The proposed dining configuration enables patrons to enjoy
the natural low-key appeal of the locality.

    8.5.2          Eastern Beaches Locality Code
Comment: The proposal is consistent with the specific outcomes outlined in Table 7.14 of the Eastern Beaches
Locality Code. Whilst the existing and proposed café use is identified as an inconsistent use in the Attached
Housing Zone, the proposed development is consistent with the overall outcomes for the Eastern Beaches
Locality.

The current non-conforming use has been operating from the premises for approximately 20 years. As a
patrolled beach with community facilities, Sunrise Beach is a popular destination for both local residents and
tourists. Chalet & Co is the only café within close proximity to these community facilities. The scale of Chalet &
Co is fitting to its coastal context and does not pose any adverse impacts to adjoining land uses

    8.5.3          Advertising Devices Code
Comment: The proposal is consistent with the specific outcomes outlined in Table 14-46 of the Advertising
Devices Code. Located on the front of the both café façade is an existing sign. The sign presents minimal visual
clutter and does not adversely impact on the visual amenity of the surrounding coastal aesthetic.

No additional external signage is proposed. Internal and way finding signage will be designed and positioned as
to not adversely impact on surrounding uses.

    8.5.4          Building Removal, Relocation and Demolition Code
Comment: The proposal is consistent with the specific outcomes outlined in Tables 14-42 and 14-43 of the
Building Removal and Demolition Code. No building removal, relocation or demolition is proposed.

    8.5.5          Building Works Code

Comment: The proposal is consistent with the specific outcomes outlined in Tables 14-44, 14-45, 14-46 and
14-47 of the Building Works Code. The current nonconforming use and the proposed café operate from an
existing building. Weather protection is provided to the patrons within the outdoor dining area with the
provisions of large umbrellas which are not permanent and are taken in at the completion of each day’s
trading.

No changes to the utilities or site infrastructure, or gross floor area are proposed. The existing building
complements the casual coastal amenity of the locality.

    8.5.6          Detached House Driveways Code
Comment: The proposal does not include any changes to the current infrastructure or the addition of a
driveway.



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                                             MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

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    8.5.7          Driveways and Carparking Code
Comment: Sufficient carparking spaces and associated manoeuvring areas for the use of the site as a small
café with outdoor dining (Entertaining and Dining business – Type 1 Food and beverages) are provided.

         Use                   Use Definition              Use Area         Carparking Rate             Required Spaces
                                                                          1 space per 20m2‐
Existing shop –       Retail Business – Type 2 Shop &   Indoor use area
                                                                          of use area for        3 carparking spaces
indoor area           Salon                             = 60m2
                                                                          areas up to 100m2
                                                                          1 space per 15m2 or
                                                        Outdoor use
Existing shop –       Retail Business – Type 2 Shop &                     part thereof of any
                                                        area = 53m2                              3.53 carparking spaces
outdoor area          Salon                                               outdoor dining area
                                                                          on the property
                                                                          1 space per 10m2‐
Proposed Cafe –       Entertainment and Dining          Indoor use area
                                                                          of use area for        2.93 carparking spaces
indoor use area       Business – Type 1 Food and        = 29.3m2
                                                                          areas up to 100m2
                      Beverage
                                                                          1 space per 10m2 or
                      Entertainment and Dining          Outdoor use
Existing shop –                                                           part thereof of any
                      Business – Type 1 Food and        area = 13m2                              1.3 carparking spaces
outdoor area                                                              outdoor dining area
                      Beverage
                                                                          on the property

The café has been operating from the premises for approximately 20 years and the current infrastructure is
safe and functional, and provides adequate space for service vehicles. As a secondary and supplementary
activity for 84% of café patrons, café customers utilise Council designated beach carparking facilities located
within a short distance from the café or access the site using the existing public and/or active transport
infrastructure.

    8.5.8          Earthworks Code
Comment: The existing development achieves the specific outcomes of the Existing Services Code as contained
within Table 14-52. The proposed café will use the existing premises and no earthworks or disturbance of
current drainage methods are proposed.

    8.5.9          Erosions and Sediment Control Code
Comment: The development achieves the specific outcomes of the Erosion and Sediment Control Code as
contained within Table 14-53. As the application is to use the existing premises with no major external works
proposed, all of the Specific Outcomes have been met.

    8.5.10         Existing Services Code
Comment: The existing development achieves the specific outcomes of the Existing Services Code as contained
within Table 14-54. As the application is to use the existing premises with no external works proposed, all of
the Specific Outcomes have been met.

    8.5.11         Landscaping Code
Comment: The proposal has been assessed against the specific outcomes of the Landscaping Code as
contained within Table 14-55. Established plantings have been used to screen the front and side boundaries of
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the outdoor dining area (refer to Photo 2). This landscaping provides some privacy between adjoining land uses
and shelters the café patrons from the noise associated with Tingira Crescent. The current landscaping
treatments soften the visual impact of the existing premises and created a pleasant setting for patrons and
staff.

    8.5.12         Transport, Roads and Drainage Code
Comment: The development achieves the specific outcomes of the Transport, Roads and Drainage Code as
contained within Table 14-58 and 14-59. Due to the scale of the café, the development poses no adverse
impacts on the landscape or adjoining land uses with regard to increased traffic. The site is well connected with
the major transport link of David Low Way nearby.

    8.5.13         Waste Management Code
Comment: The development achieves the specific outcomes of the Waste Management Code as contained
within Table 14-60. All Specific outcomes have been achieved. Due to the scale of the café with outdoor dining,
the associated waste can be adequately treated by the existing infrastructure located on-site.

    8.5.14         Water Sensitive Design Code
Comment: The development achieves the specific outcomes of the Water Sensitive Design Code as contained
within Table 14-61. Run-off is treated and managed on site by way of the existing permeable surfaces on site.
No disturbance of the naturally forming and designed water treatment methods is proposed.

    8.5.15         Watercourses Works Code
Comment: The site is not located in a tidal area and the proposal does not include any structures or
operational work associated with tidal areas. The Watercourses Works Code is not applicable to this proposal.

    8.5.16         Natural Hazards Overlays Code
Comment: According to the Natural Hazards Overlay MAP OM4.3, the Natural Hazard overlay applicable to
the existing development is the Landslide Hazard Area. The development achieves the specific outcomes of the
Natural Hazards Code as contained within Table 13-8. The proposed café operates from an existing multistorey
holiday apartment complex. No major building work is proposed which could potentially cause long term
stability issues of the site.


8.6        Relevant Planning Scheme Policies
The planning scheme policy applicable to the proposed use is Policy 14— Outdoor Dining. The proposal has
been assessed against the matters for consideration as detailed in Policy 14. The proposed café will have both
indoor and outdoor dining areas. The Use Area Plan (Appendix A) prepared by Zest Building Design illustrates
the location of the dining areas. The proposed umbrellas is to provide shelter to part of the outdoor dining
area and therefore will not present an appearance of excessive bulk to adjacent properties. The proposed
dining configuration enables patrons to enjoy the natural low-key appeal of the locality.



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                                        MCU to establish Entertainment and Dining Business - Type 1 Food and Beverage

                                                                                    1 Tingira Crescent, Sunrise Beach




9.         Conclusion
This report demonstrates that the proposed café on the site is permitted under the Sustainable Planning Act
2009 and Local Council Planning Scheme. A Material Change of Use of Premises for an Entertaining and Dining
business – Type 1 Food and beverages (Café) located at 1 Tingira Crescent, Sunrise Beach, is an Impact
Assessable development within the Attached Housing Zone under the Noosa Plan 2016.
The planning report demonstrates compliance with the applicable state and local planning provisions including
the Noosa Plan’s Desired Environmental Outcomes. The proposed Entertaining and Dining business – Type 1
Food and beverages (Café)can be supported on a number of grounds which include:


      •    Entertaining and Dining business – Type 1 Food and beverages (Café) use can be considered
           consistent with the Desired Environmental Outcomes of the Noosa Plan 2016;

      •    The development complies with all of the provisions of the Noosa Plan 2016 and the applicable
           codes;

      •    The current non-conforming use has been operating from the premises for approximately 20 years.

      •    84% of all café patrons stated that their patronage at the existing café was a secondary and
           supplementary activity with the primary purpose in visiting the Sunrise Beach locality was to
           undertake activities at the beach (swimming, surfing, kite surfing walking/running, etc.);

      •    The proposal services a local need that has occurred through the redevelopment of the site and
           adjoining lands as multistorey short term holiday apartment complexes;

      •    The current Planning Scheme does not reflect the current and future needs of the community, or the
           activities that are currently occurring;

      •    The existing use is of a scale which is fitting and responsive to the casual beachside character of
           Sunrise Beach;

      •    The development poses no adverse impacts on adjoining land uses; and

      •    No changes to the external built form are proposed;
In order to formalise the current nonconforming use a Material Change of Use to establish a café with outdoor
dining is required. The existing use does not impact on the hierarchy of the larger business centres. Approval of
the proposed café will not conflict with the higher order centres within the Noosa Shire.
As the proposal is consistent with the Desired Environmental Outcomes and the overall outcomes sought for
the locality and zoning, approval of the Entertaining and Dining business – Type 1 Food and beverages (Café)
(Chalet & Co) with reasonable and relevant conditions is recommended.


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