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Development Application part 2 Covering Letter, Lodgement and Plans - MCU13/0079

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                                                                                     SCRC
                                                                             I                 CORRESPONDENCE

                                        Place B arcode her e                     1111111111111111111111111                        I
                                                                                               80539488

    THIS IS THE FIRST PART OF A

  MULTIPLE PART RECORD

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Page 2

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                 Our Reference:              01496 L02 NG
                 M2C Contact Person:         Nadine Gorton


                                                                                                                                                         martoo
                                                                                                                                                         consulting _
                                                                                                                                                                                      pty Itd
                 6th May 2013
                                                                                                                                                         town planners +
                                                                                                                                                         urban designers
                                                                                                                                                         +
                                                                                                                                                                   surveyors
                 Chief Executive Officer
                 Sunshine Coast Council                                                                                                                            ABN: 62 287 949 725

                 Locked Bag 72
                 Sunshine Coast Mail Centre QLD 4560



                                                                                                                                      I
                 Attention:       Planning North                                                                                          I"
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                 Dear Sir/Madam,
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                 RE:            LODGEMENT OF A DEVELOPMENT APPLICATION                    --"
                 Material Change of Use   Development Permit for an Material Change of Use-forJr Retail ~usiness
                                                   -
                                                                                                                                                                                          -




                 Type 2 Shop & Salon (Caf )to an Entertainment & Dining Business Type 1 FOOcr&-Severages
                           -
                                                                                                                               -




                 (Restaurant)over land situated at 3/255 Gympie Terrace, Noosaville and described as Lot 3 on BUP
                 12008.



                 Martoo Consulting has been engaged by the applicant Gympie Tee Pty Ltd to submit a development
                 application seeking a Material Change of Use for conversion of an existing caf approved for seating
                 for 10 or less          to a restaurant with greater seating for greater than 10. The subject site is
                                       patrons
                 located at shop 3 at 255 Gympie Terrace, Noosaville and is currently occupied by the Flux Restaurant
                 and Lounge.     The Sunshine Coast Council is the Assessment Manager for this development
                 application under the Sustainable Planning Act 2009.

                 The applicant has recently purchased the subject premises and whilst the tenancy has been used as a
                 caf with more than 10 seats for several years, the applicant now seeks to obtain the correct
                 approvals for the site.

                 This letter supports the above development application                   by explaining the site and the applicant’s
                 rationale for the proposed land use and concludes by providing our brief town planning assessment of
                 the proposed alterations.



                 THE SUBJECT SITE


                 The   subject site is located at 3/255 Gympie Terrace, Noosaville and is described as Lot 3 on
                 BUP12008. The site has an area of 64m and is located on the ground for of an existing commercial
                 complex at Noosaville. Uses within the complex include two restaurants on the ground floor (Rasa
                 Modern Asian Restaurant and Grind Caf )and offices on the upper level. Carparking is provided to
                 the rear of the site with vehicular access off Edward Street.


                 The site is located on the eastern edge of a commercial strip of restaurants, shops and offices with
                 units along Gympie Terrace.


                 The     site    has        access     to    public   infrastructure   including                 water,               sewer              and                underground
                 telecommunications and overhead electricity supply which is appropriate for urban development.


                 The aerial photograph below illustrates the sites location and surrounding uses.




      oSUNSHINE COAST OFFICE                                                             D GYM PIE OFFICE
           1/199 GYMPIE TERRACE NOOSAVILLE   PO BOX 1684 NOOSA HEADS Q 4567
                                                   -
                                                                                              38 NASH STREET GYMPIE                             -       PO BOX 391 GYMPIE Q 4570
           TELEPHONE 0754555425     FACSIMILE 0754555725
                                        -

                                                                                              TELEPHONE   0754827440                                -
                                                                                                                                                        FACSIMILE                 0754824952
           [email protected]                                                          mail@martooconsulting_com

Page 3

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    Page 2




    THE DEVELOPMENT APPLICATION


    The applicant owns the subject site and is seeking approval to enable Tenancy 2 to be lawfully used
    for a restaurant with seating capacity for over 10 persons. The overall layout of the tenancy is to
    remain in a similar format with the existing kitchen retained and a new bar and severy area installed.
    The existing approved outdoor dining area on site and within the footpath area is also to be retained.


    The site has been operating as a caf for many years and existing facilities in terms of refuse areas
    and amenities are well established on the site.


    No new carparking is able to be provided on site with existing carparking to the rear and on the street,
    more than    adequately catering for the demands of the area.


    NOOSA PLAN


    The Noosa Plan 2006 defines an Entertainment and Dining Business as:


             Entertainment and dining business means the conduct of a business activity, where
             entertainment, amusement, recreation or meals are afforded. The term includes the following
             types:

               Type 1 Food & 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 caf with dining facilities
               for 10 or more people.



    The proposal complies with the scheme definition and Type 1 Food & Beverages uses are consistent
    impact assessable uses in the Visitor Mixed Use zone in which the site is contained. (refer Figure 2
    below)

Page 4

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                                                             D Detached Housing
                                                             oSemi-Attached Housing
                                                             .Attached Housing
                                                             .Visitor Mixed Use
                                                             oNeighbourhood Centre
                                                             oBusiness Centre
                                                             .Shire Business Centre
                                                             D Community Services
                                                             Dlndustry
                                                             .Rural
                                                             DOpen Space Recreation
                                                             .
                                                             Open Space Conservation



As the use is impact assessable it is required to be assessed against the entire Noosa Plan 2006,
however the codes most relevant to a Type 1 Food & Beverages use are:


                  Noosaville Locality Code;
              .   Business Uses Code;
              .   Landscaping Code; and
              .
                  Engineering Works Codes.

The proposal has been reviewed against the Noosaville Locality Code and the Business Uses Code in
Attachment 2 and is generally considered to comply with the specific outcomes.


The proposal has also been reviewed           against the Landscaping and Engineering Works codes and is
considered to be consistent with detailed requirements. It is noted that carparking is to be provided at the
following rates for a restaurant and caf (shop):

              Type 1 Food & Beverages (Restaurant):
           1 space per 10m 2, or part thereof, of use area and outdoor dining area (excluding kitchen and
          food storage areas) on the property except where located within the Business Centre Zone,
          Neighbourhood Centre Zone or Village Mix Zone where 1 space per 20m2 applies.

           Retail Business Type 2 Shop & Salon (Caf )


           1space per 20m2, or part thereof, of use area for areas up to 100m2 (excluding outdoor dining
          area); AND
           1 space per 15m 2 or part thereof of use area for areas in excess of 100m2 (excluding outdoor
          dining area); AND
           1 space per 10m 2 or part thereof of any outdoor dining area on the property


The existing shop has an area of apRroximately 58m2 intemally which equates to a total carparking ’credit’ of
3 spaces (at a rate of 1    space/20m2) or a ’credit’ of 4 spaces (at a rate of 1   space/15m2).
                                                                                           The proposed
restaurant is maintaining the existing kitchen and bar areas which include food storage areas and has an
area of   25.5m2 internal dining area. This equates to a carparking requirement of 3 spaces which is equivalent
to the existing ’credit’ over the site and therefore no additional carparking or contributions are required.


Outdoor dining carparking rates remain the same and no additional carparking is required.


This development application has been           prepared in accordance with the Sustainable Planning Act
2009 and the following are enclosed:


         1.        Four (4)copies of the proposal plan;

         2.        The completed IDAS Form 1 and 5; and

         3.        A cheque for $3415.25.00 being Council’s application fee as Assessment Manager.

Page 5

Page 4




Please contact our Sunshine Coast office if you require any further information and/or clarification in
relation to this proposal.



Yours sincerely,




~~o
Nadine Gorton
Senior Planner
martoo consulting pty Itd

Page 6

Page 5




ATTACHMENT 1


PROPOSAL PLANS


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Page 5

ATTACHMENT 1

PROPOSAL PLANS

Page 7

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                                                                                                                                            DINING AREA



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                      Sunshine Coast:
                                                     R.P.D
                                                                                        ..(. SUMMARY DEVELOPMENT
                                                                                                                                            )P         PROJECT                                             ..-:-
                      13/6 Botllebrush Avenue                                                                                                .
                      P.O.Box 1684
                      Noosa Heads OLD 4567
                                                     Lot 3 on BUP12008                                Total Site Area:                                 Material Change of Use                    -
                                                                                                                                                                                                                                                          Scale:               Date:
                      Ph: 07 54555425
                                                                                                            64 m2 approx.                              Entertainment & Dining Business                                                                1 :250 (A3)              29/04/2013
martoo                Fax: 07 54555725

                                                     Shop 3/255 Gympie Terrace,
                      Gympie:                                                                                                                          Applicant:                                                                                     Drawn By:
consulting _          38 Nash Street
                                                     NOOSAVILLE
                                                                                                                                                       Amandacar Nominees                                                                             LM          -
                                                                                                                                                                                                                                                                       MARTOO CONSULTING
            ply Itd   P.O. Box 391

town planners +       Gympie OLD 4570                Local Authority:
                      Ph: 07 54827440                                                                                                                  Detail:                                                                                        Reference No.:
                                                     SUNSHINE COAST
urban designers       Fax: 07 54824952                                                                                                                 Site Plan                                                                                      D-C01496-01-A
                                                     REGIONAL COUNCIL
+
    surveyors

Page 8

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                                                                                                                                                ADJACENT LOT
                                                                                                                                             EXISTING RESTUARANT



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                                                                                                                                                                                   HIIit TABLE
                                                                                                   EXTENT OF COVE                                                                  WITlI 2 STOIl.5
                                                                                                   I    O’CAVIIINIiI

                                                                                                                                                                      ADJACENT LOT
                                                                                                                                                                   EXISTING RESTUARANT




                                                                                              I,                       5560             It
                                                                                             1                OUTDOOR
                                                                                                                          ~’N’NG       1.
PROPOSED FLOOR PLAN

 NOTE: All DIMENSIONS ARE APPROXIMATE
 ONLY ANO ARE TO BE CONFIRMED
 PRIOR TO COMMENCEMENT ON SITE

               NEW WALL                   ~


                                                  .~
============   DEMOLISH WALL


                                                                                            FLUX LOUNGE                                                                                        KIERON JAMES DESIGN
                                                                                            PRO.
                                                                                                                                                                                               BUILDING DESIGN & DRAFTING
                                                                                            PROPOSED SHOP FITOUT                                                                               PH:0417633275 FAX:0754483998
                                                                                            3/255                                                                                              P.O.BOX 483COOLUM BEACH QLD 4573
                                                                                            GYMPIE TERRACE                                                                                    EMAlL:Info@thebulldingdeslgner.~
                                                                                            NOOSAVlLlE                                                                                        MEMBER BDAQ:QBSA UCENCE No.81726

Page 9

Page 6




ATTACHMENT 2


Noosaville Locality Code


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ATTACHMENT 2

Noosaville Locality Code

Page 10

      Table A     -
                      Noosaville Locality




                                Division 1-Specific Outcomes and Probable Solutions for the Noosaville Locality
                         Column 1                                      Column 2                                            Column 3
                  Specific Outcomes                    Probable Solutions (if code assessable)                            Compliance
Effects of use
Amenity
01    Uses are located, designed and operated        No solution provided                        Complies   -
                                                                                                              use located in existing building which has

to avoid significant adverse changes to the light,                                               previously been used for restaurantlcaf        purposes.
air quality, noise, accessibility or other                                                       Outdoor dining areas approved and have been used for
conditions enjoyed by users of associated,                                                       dining previously. Surrounding uses of a similar nature
adjoining or nearby uses.                                                                        and therefore the proposal consistent with character of
                                                                                                 area.



Major Road Network
02Through traffic in Noosaville uses Gibson          No solution provided                        Complies   -




Road or Eenie Creek Road, ensuring the visual
amenity of Gympie Terrace is protected with a
consequent enhancement of visitor and
recreation opportunities and benefit to
businesses alonQ Gympie Terrace.
Visual amenity
03The visual amenity and character                   No solution provided                        Complies   -
                                                                                                                use   located in   an   existing building and is
surrounding the major road network is protected                                                  consistent with the character of the area.
and enhances the recognisable entrance to
Noosaville through-         .




a) retaining and enhancing the visual and
physical separation of Noosaville from other
localities; and
b) ensuring development does not encroach
upon existing native vegetation along the
road frontage other than for accessways.
Neighbourhood identities
04 The separate identities of the various            No solution provided                        Complies   -
                                                                                                                use   located in   an   existing building and is
residential neighbourhoods remain important                                                      consistent with the character of the area.
and distinct elements of the residential
character of Noosaville.
Built form
Density
07The density of development within the site         No solution provided                        Complies   -
                                                                                                                use   located in   an   existing building and is
area-                                                                                            consistent with the character of the area.
a) is compatible with surrounding development;


      Noosaville locality 01496 Gympie Tee Pty Ltd                                                                                         Page 1

Page 11

      Table A   -
                    Noosaville Locality


                       Column 1                                        Column 2                                                   Column 3
                Specific Outcomes                      Probable Solutions (if code assessable)                                   Compliance
and
b) does not exceed-...
ii. for the Business Centre Zones-a maximum
population density of 100 persons per hectare
c) has a low site impact to enhance the
opportunity to maintain natural site
characteristics, including native vegetation and
natural landforms.


Height
08 Buildings and other structures-                   57.1 Buildings and other structures have a        Complies    -
                                                                                                                    use located in an existing building which

a) are low rise and present a building height        maximum building height of-                       complies with height requirements.
consistent with structures on adjoining and          a)- 8m
surrounding premises;
b) have a maximum building height of-
-
   2 Storeys.
c) do not visually dominate the street,
surrounding spaces or the existing skyline;
d) preserve the amenity of surrounding land;
e) ensure that development responds to the site
topography; and
f) are well articulated with strong horizontal and
vertical design elements to provide an
interesting streetscape and to complement
landform changes and landscapes
Setbacks
09 Buildings and other structures are                58.1 Buildings and structures comply with the     Complies    -
                                                                                                                       use   located in   an   existing building and is
appropriately designed and sited to-                 setbacks identified in Schedule 1   -
                                                                                             Minimum   consistent with the character of the area. Outdoor dining
a) provide amenity for users of the premises as      Boundary Setbacks.                                areas   currently approved at front of site.
well as preserve the visual and acoustic amenity
of adjoining and nearby land uses;
b) provide adequate distance from adjoining
land uses;
c) allow space for required vehicle parking;
d) preserve any existing vegetation that will
buffer the proposed building;
e) allow for landscaping to be provided between
buildings;
f) maintain the visual continuity and pattern of
buildings and landscape elements within the


      Noosaville locality 01496 Gympie Tee Pty Ltd                                                                                                Page 2

Page 12

      Table A      -
                       Noosaville Locality


                          Column 1                                                    Column 2                                                          Column 3
                   Specific Outcomes                              Probable Solutions (if code assessable)                                              Compliance
street;
g) avoid large areas of continuous wall planes
by varying the building setbacks and using
appropriate techniques to provide visual
relief; and
h) help protect the natural character and visual
amenity of the Noosa River system and other
watercourses.
Site cover, gross floor area and plot ratio
010 The site cover, gross floor area and plot                   No solution provided                                        Complies    -

                                                                                                                                            building consistent with surrounding built
ratio of buildings and other roofed structures-                                                                             form. The single storied building presents a modern and
a) results in a building scale that is compatible                                                                           unique building form that is appropriate for the use and
with surrounding development;                                                                                               location.
b) does not present an appearance of bulk to
adjacent properties, roads or other areas in the
vicinity of the site;
c) maximises the retention of existing vegetation
and allows for additional soft landscaping
between buildings;
d) allows for adequate area at ground level for
outdoor recreation, entertainment, clothes
drying and other site facilities; and
e) facilitates onsite stormwater management
and vehicular access.


015 For the Business Centre Zone, outside of
the Mary StreeUThomas Street Precinct the                                                                                   Complies    -
                                                                                                                                             use   located in   an   existing building and is
maximum plot ratio is        -
                                                                                                                            consistent with the character of the area.
a) 0.8:1 for site areas up to and including
2,OOOm2; plus
b) 0.3:1 for the balance portion of the site area
in excess of 2000m2.
Flooding and drainage1
017Buildings and other works are designed                       S17.1 For new buildings or structures or                    Complies    -
                                                                                                                                            no habitable rooms       proposed.
and sited to-                                                   additions of more than 50m2 gross floor area
a) provide flood free access to premises and                   to an existing building or structure, floor levels
flood free habitable areas;                                    for habitable rooms are not less than the
b) allow only minor, short term and infrequent                  specified minimum floor levels AND
floodinQ of non-habitable areas;                                S17.2 Where Council infrastructure is                       Applicant will comply with relevant requirements.

      1
          Council has mapping of minimum floor levels and flood levels for some parts of the Shire. Contact the Land Development Section of Noosa Shire Council.


      Noosaville locality 01496 Gympie Tee Pty Ltd                                                                                                                      Page 3

Page 13

     Table A   -
                   Noosaville Locality


                      Column 1                                          Column 2                                                 Column 3
                Specific Outcomes                      Probable Solutions (if code assessable)                                  Compliance
c) ensure drainage does not adversely impact         available-
upon other premises; and                             a) any drainage (including buildings and yards)
d) ensure filling or excavation does not             flows to that infrastructure; and b) the
adversely impact upon other premises by-             infrastructure has the capacity to accept any
i. causing ponding on the site or nearby land;       additional loading; AND
ii. increasing flooding, which adversely affects     517.3 For Residential Uses                        Not applicable
the safety or use of any land upstream and
downstream; and                                      517.4 Car parking and maneuvering areas           Complies   -

                                                                                                                      existing carparking located at rear of site
iii. adversely affecting the flow of water in any    are constructed at a level thatpermits the        and drains by gravity means.
overland flow path..                                 parking area to drain from the site by gravity
                                                     means, without the need for mechanical
                                                     pumping.


510ping sites & ridgelines                                                                             Not applicable


Roof form
020 Rooflines-                                       520.1 With the exception of buildings within      Complies   -
                                                                                                                      use   located in   an   existing building and is
a) contribute positively to the local skyline;       the Industry Zone, the main roof of the           consistent with the character of the area.
b) complement the character of the locality;         building has a roof pitch no less than 5
c) are articulated, pitched or skillion;             degrees and has minimum 600mm eaves to
d) avoid low pitched (eg. less than 5 degrees) or    at least 75% of the perimeter of the building;
box roof profiles/parapets; and                     AND
e) do not create opportunities for residents to      520.2 Buildings and structures do not
overlook the private open space areas of             include roof top terraces.
neighbouring properties

Materials and finishes
021 Buildings and other structures use               521.1 With the exception of buildings within      Complies   -

                                                                                                                   existing building utilises materials that are
materials and finishes that complement the           the Industry Zone, buildings                      common in urban fabric of the Noosaville    locality.
Noosaville character and integrate with the          a) use a mix of lightweight and textured
surrounding natural and built environment.           external building materials, including timber
                                                    finishes; or
                                                     b) use masonry construction where variation is
                                                     provided in texture, detailing and the like;
                                                     c) use open or transparent balustrades; and
                                                     d) incorporate open balconies.




      Noosaville locality 01496 Gympie Tee Pty Ltd                                                                                               Page 4

Page 14

      Table A   -
                    Noosaville Locality
                                                                                                                                                 ""




                       Column 1                                        Column 2                                         Column 3
                Specific Outcomes                      Probable Solutions (if code assessable)                         Compliance
Environment, conservation and recreation
Environment and cultural heritage values
022                                                                                              Not applicable


Open space network
023                                                  S23.1                                       Not applicable
024                                                  S24.1


Pedestrian and bicycle pathways
025 Safe and convenient pedestrian and               S25.1 Pedestrian and bicycle pathways are   Not applicable
bicycle pathways      are   provided and retained    provided and retained where indicated in
between and around key destinations                  Schedule 5 Map 2;
                                                                -




including-                                           AND
a) an east-west link between the Tewantin &          S25.2 Contributions toward a Pathways       Conditions may be imposed if reasonable.
Doonan Locality and the Noosa Heads                  Network are provided in accordance with
Locality along the Noosa River foreshore;            PSP20.
b) a north-south link between the Shire
Business Centre and Wallace Park to the Noosa
River foreshore
c) recreation areas off Shorehaven Drive and
Seacove Court;
d) scouting facilities at Gympie Terrace and
Gibson Road;
e) the Australian Rules field at Weyba Road;
and
f) camping and caravanning facilities at Munna
Point..


Foreshore character
026                                                  No solution provided.                       Proposed use does not impact on the landscape
The natural landscape character and                                                              character of the Noosaville foreshore.
vegetation along the foreshore areas of the
Noosa River, Lakes Doonella and Weyba and
Eenie Creek, Noosa National Park, Keyser
Island and Weyba Creek Conservation Parks is
protected.


Watercourses                                         No solution provided                        Not applicable.




      Noosaville locality 01496 Gympie Tee Pty Ltd                                                                                   Page 5

Page 15

        Table A   -
                      Noosaville Locality




        Division 23-Specific Outcomes and Probable Solutions for the Business Centre Zone

                          Column 1                                       Column 2                                                  Column 3
                  Specific Outcomes                    Probable Solutions (if code assessable)                                    Compliance
Amenity
074 The Noosaville Business Centre does not            No solution provided                              Complies Proposed restaurant use will complement
                                                                                                                    -




adversely affect the amenity of the surrounding                                                          surrounding commercial and residential areas.
area; AND
075 Buildings are sited and orientated to                                                                Proposed restaurant located in a commercial complex
minimise the likelihood of overlooking the                                                               with no residential uses overlooking the premises.
private open space of adjacent Residential
Uses; AND
076 Fencing, landscaping and screening are
used to mitigate impacts on adjoining
Residential Uses; AND
077 Bulky and obtrusive structures are
screened to reduce adverse impacts of noise,
lighting and odour.
Land use
079 The Noosaville Business Centre, other              No solution provided                              Complies   -

                                                                                                                        proposed restaurant use envisaged for the
than the Noosa Village Plaza shopping centre,                                                            area under the Visitor Mixed    Use zone.
continues to serve a broad role in providing
Business Uses not normally found within or
requiring location in a shopping centre, including
specialist services, offices, entertainment
facilities, medical facilities, showrooms and the
like.
Pedestrian connectivity
080 Pedestrian connectivity between buildings          No solution provided                              Complies
and other public open spaces is retained and
enhanced.
Function of the Shire Business Centre
081 Uses within the Noosaville Business                No solution provided                              Proposed restaurant will not affect the function of the
Centre do not detract from the function of the                                                           Shire Business Centre.
Shire Business Centre as the principal business
centre in Noosa.
Streetscape & character
082 Buildings and structures are sited and             S82.1 Uses on the ground floor-                   Complies   -

                                                                                                                        glazing provided to the street.
designed to-                                           a) have at least 50% transparent glazing to
a) provide for a consistent building alignment         the front wall;
frontinQ the street and public s_2_aces;               b) have their main entrance facin_g the street;

        Noosaville locality 01496 Gympie Tee Pty Ltd                                                                                             Page 6

Page 16

                                                                                                           ...




     Table A   -
                   Noosaville Locality
                                                                                                           ~



b) present a high quality streetscape               and
incorporating consistent built elements that        c) include outdoor dining or seating areas.
define the street and public spaces as well as
create human scale and visual interest;
c) are consistent with the bulk and scale of
buildings on adjoining and nearby land;
d) contribute to their setting including the
skyline;
e) present subtle changes in colours, textures
and materials to break up the building facades;
f) integrate signage with the building design;
g) integrate landscaping into the building design
and car parking areas; and
h) retain and provide areas for outdoor dining
and meeting opportunities on the ground level.




     Noosaville locality 01496 Gympie Tee Pty Ltd                                                 Page 7

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