Delegated Report - Code - Planning MCU22 0176

Author	External Planner
C/- Development Planner, Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0176
Applicant	Robert Dunbar
Proposal	Material Change of Use - Food and drink outlet
Properly Made Date	20 October 2022
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	8 December 2022
Report Completed Date	22.11.2022
Report Reviewed By	Nadine Gorton 30.11.2022

PROPERTY DETAILS
Property Address	The Islander Noosa 21/187 Gympie Tce Noosaville Qld 4566
RP Description	Lot 21 GTP 2026
Land Area	72m²
Existing Use of Land	Shop

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation
Precinct	Not Applicable
Local Plan Area	Noosaville Local Plan
Overlays	Acid Sulfate Soils Flood Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Food and Drink Outlet within an existing tenancy (lot 21) of 48.5m2 at The Islander Noosa Resort which is a mixed use development with frontage to Gympie Terrace, Thomas Street and The Cockleshell, in Noosaville.
The tenancy will be occupied by Raw and Rice which is takeaway food and drink outlet only, with no formal seating to be provided. The proposed hours of operation will be 11am to 7pm, 7 days a week, though the applicant to maintain flexibility seeks a condition consistent with the AO11 of the Business Uses Code.
The premises has an existing approval as a Shop as defined under the 1985 Planning Scheme. The applicant is seeking to operate a Food and drink outlet, with the approved Shop use to be maintained under the current development approval (TPC 1957).
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Existing Ground Floor Plan

Figure 3 – Proposed Ground Floor Plan

site details
Background
15 December 1987 - R219 Rezoning from Residential Low Density & Residential Medium Density Zones to Special Facilities (Tourist Resort Complex in accordance with Plan Nos 329SK1 ad SK2)
2 February 1988 – Eighty Dwelling Units & Ancillary Facilities (Council ref. TPC 1957)
25 August 1988 – Change to plans and Conditions 3 and 9.
15 June 1989 – Change to plans to include non-habitable loft studios
12 January 1989 – Shops & Multiple Dwelling Units (Council ref. DNA 129)
12 January 1989 – Coffee Shop was approved (Gilligan’s Coffee Shop) at 23/187 Gympie
26 July 1990 – Permission for 16 chairs and 4 tables (Council ref. DNA 2065)
31 May 2007 – refusal to reduce setbacks,
3 June 2022 – Minor Change Approval relating to Unit 17 (Council ref. 51987.3790.03 / TPC1957)
The existing development provides for visitor accommodation, shops and restaurants and has been established on the site for many years under TPC 1957.
Site Description & Surrounding Land Uses
The tenancy is part of a group title plan for a development known as The Islander Noosa Resort and is one of 12 commercial businesses along the Gympie Terrace frontage.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Tourist Accommodation Zone Code;
Noosaville Local Plan Code;
Business Use Code;
Works Codes;
Flood Hazard Overlay Code
Land Subject to Acid Sulfate Soils Overlay
The subject site is located in Noosaville and is zoned Tourist Accommodation. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The proposed food and drink outlet is consistent with the zoning intent to provide a mix of business activities to support the visitor accommodation and enhance the attractiveness of the areas as a visitor destination as well as for residents.  Being an existing commercial tenancy the proposal will remain ancillary to the visitor accommodation already developed on the site as intended for the area.
No external changes are proposed to the tenancy, with no outdoor dining proposed on site, being takeaway food and drink outlet.
In terms of car parking, the proposed food and drink outlet will generate no additional demand for car parking, based on the Driveways and Car Parking Code rate for shops and food outlets both being 1 space per 20m2.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0176 for a Material Change of Use - Food and drink outlet situated at The Islander Noosa 21/187 Gympie Tce Noosaville and described as Lot 21 GTP 2026, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0176
Street address:	The Islander Noosa 21/187 Gympie Tce Noosaville Qld 4566
Real property description:	Lot 21 GTP 2026
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Food and drink outlet
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.

Plan No.	Rev.	Plan/Document Name	Date
A21-01	-	Ground Floor Plan drawn by Aspect Master Planning Architecture Interiors	9 August 2022
Currency Period
This development approval lapses if the use has not happened by 30 November 2028, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The approved use must not operate outside the hours of 6am to 10pm seven days a week, except on Friday and Saturday when the use may operate until 12.00 midnight.
No outdoor dining is approved for this food and drink outlet.
No acoustic live music or amplified music is permitted outdoors after 10pm seven days a week.
Car parking is maintained on site at all times in accordance with development approval - TPC 1957 for staff and patrons.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Food License
Applications for food business licences under the Food Act 2006 are to be submitted to Council prior to the commencement and construction of the Food and Drink Outlet. Applications for Design Approval and Approval to Operate (including applications for licences under the Food Act 2006) are to be submitted to and approved by Council for the food premises, prior to the issue of a Development Permit for Building Work.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.

further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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