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Town Planning Assessment Report · MCU22/0121
Mur
Town Planning
Assessment Report
31 Maple Street, Cooroy
Development Permit for Material Change of Use of Premises to
establish a Food and Drink Outlet
July 2022
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Page 2
Table of Contents
1. SITE AND APPLICATION SUMMARY................................................................................................................. 3
2. PROPOSAL ..............................................................................................................................................................................4
3. BACKGROUND ..................................................................................................................................................................6
4. SITE DETAILS ........................................................................................................................................................................6
4.1. SITE DESCRIPTION .......................................................................................................................................................6
4.2. SURROUNDING USES .................................................................................................................................................. 7
5. ASSESSMENT REQUIREMENTS ............................................................................................................................... 8
5.1. FRAMEWORK FOR ASSESSMENT............................................................................................................................... 8
5.2. ASSESSMENT BENCHMARKS RELATED TO THE PLANNING REGULATION 2017...................................9
5.3. ASSESSMENT BENCHMARKS RELATING TO THE PLANNING SCHEME ....................................................9
5.3.1. DEFINITION ...............................................................................................................................................................9
5.3.2. LEVEL OF ASSESSMENT AND ASSESSMENT REQUIREMENTS ...................................................................9
5.3.3. ASSESSMENT BENCHMARKS ............................................................................................................................. 10
6. CONCLUSION ................................................................................................................................................................ 28
Appendices
Appendix A Site Plan
Appendix B Site Photographs
Disclaimer: While every care has been taken in preparing this report, Brennan Planning Pty Ltd accepts no responsibility for
decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained within.
To the best of our knowledge, the content was correct at the time of publishing.
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1. Site and Application Summary
Applicant
Applicant: Andrew John Mahony
C/- Brennan Planning Pty Ltd
Contact Details: Marcus Brennan
Mob: 0423 952 928
Email: [email protected]
Registered Landowner(s): Andrew John Mahony
Application
Development Permit for Material Change of Use of
Development Application:
Premises to establish a Food and Drink Outlet
Level of Assessment: Code Assessable
Referral Agencies: Nil
Assessment Manager Noosa Council
Subject Site
Address: 31 Maple Street, Cooroy
Lot Description: Lot 1 on RP104720
Area: 230.03m2
Nil
Easement(s):
SEQ Regional Plan Urban Footprint
Planning Scheme Noosa Plan 2020 (25 September 2020)
Zone: District Centre
Overlays: Heritage and Character Area Overlay
+ Character Area
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2. Proposal
This application seeks a retrospective approval for a Development Permit for Material Change of Use
of premises to establish a Food and Drink Outlet.
The proposed use involves operating a mobile pizza business beneath an existing shade structure that
is positioned adjacent to the street frontage. The mobile pizza business will occupy a total area of
21.3m2 as illustrated in in Figure 1 below. The use will operate from the site 2 days per week (Friday
and Sunday) between the hours of 11am to 7pm.
There is an existing train carriage also positioned onsite. The carriage was recently renovated onsite
and provides a focal point for visitors and patrons and contributes to the heritage character of the
street. The carriage is for decorative purposes only and will not be used for business purposes
associated with the use.
The proposed use has been operating from the site for some time and has gained significant positive
attention from the Cooroy community. The proposal creates a vibrant and active use of the main street
frontage, while retaining its character and protecting the natural and heritage values of the area.
Figure 1 - Site Plan
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Figure 2 – Site photograph of existing structure and use area
Figure 3 – Site photograph looking south along street frontage
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Access and Carparking
There is currently no vehicular crossover that is available to the site. Further, due to the frontage
constraints with providing vehicular access to the site, a carparking dispensation is sought so that an
onsite parking space is not required in this instance. Any requirement to provide onsite parking would
require removing on street parking and a street tree within the verge. The installation of a driveway
crossover would also impact on the character value of the street frontage.
Utility Connections
The subject site is capable of being connected to standard urban infrastructure, including reticulated
water, sewer, electricity and telecommunications. An electricity connection is currently provided for
the use, however, water and sewer connections have not been needed as it is a mobile operation.
Waste
Refuse bins are provided onsite while the use is operating. The refuse is collected by the site
operator at the end of each shift and disposed of at their industrial premises in Venture Drive.
Stormwater
The entire site comprises of impervious areas. This has historically been the case since it was
previously used as a car yard. The proposal will not change the existing circumstance.
3. Background
Noosa Council’s online application system reveals the following historical approvals over the site:
Application No. Date Details
51992.242 14/07/2022 Cover to provide protection over car yard.
4. Site Details
4.1. Site Description
Site Characteristic Description
Existing land use Mobile pizza food and drink outlet
Frontage and access The site has a 9.27m frontage to Maple Street to the west.
Formal vehicular access is not currently available to the
site. The site owner has established an informal
relationship with the RSL to utilise the crossover on the
adjoining land to the North. However, any formal access
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would require removal of a street tree and on-street
carparking.
Topography The site has been levelled and retained.
Figure 4 – Aerial photograph of subject site
4.2. Surrounding Uses
The site is located within the township of Cooroy and is surrounded by a variety of commercial and
community uses expected within a town centre and immediately adjoins the following uses:
+ to the north, is a vacant parcel of land that is leased from Council by the RSL;
+ to the east, is a rear yard area associated with a Telstra building;
+ to the south, is a Telstra building and Cooroy Post Office; and
+ to the west, on the opposite side of Maple Street, are a range of main street tenancies.
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Figure 4 – Site in context with the surrounding locality
5. Assessment Requirements
5.1. Framework for Assessment
Categorising Instruments for Statutory Assessment
In accordance with Section 43 of the Planning Act 2016, the following categorising instruments may
contain assessment benchmarks applicable to development applications:
+ the Planning Regulation 2017
+ the Planning Scheme for the local government area
+ any temporary local planning instrument
+ any variation approval
Of these, the planning instruments relevant to this application are discussed below:
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5.2. Assessment Benchmarks Related to the Planning Regulation 2017
The Planning Regulation 2017 (the Regulation) prescribes assessment benchmarks that the
application must be carried out against, which are additional or alternative to the assessment
benchmarks contained in council’s Planning Scheme. These assessment benchmarks may be contained
within:
• the Regional Plan;
• Part E of the State Planning Policy, to the extent they are not appropriately integrated into the
Planning Scheme; and
• Schedule 10 of the Regulation.
An assessment against the applicable benchmarks contained within the Planning Regulation is
provided below:
SEQ Regional Plan
The subject site is located within the Urban Footprint under the SEQ Regional Plan (SEQRP). The
proposed food and drink outlet is consistent with the goals, elements and strategies for the Urban
Footprint designation.
Part E of the State Planning Policy
The current State Planning Policy (SPP) commenced on 3 July 2017. The State interests relating to
development assessment are set out in Part E of the document and are under five broad themes.
There are no SPP assessment benchmarks that apply to the subject site and development.
Schedule 10 of the Regulation
The proposal does not trigger referral to any agencies or assessment against any of the benchmarks
contained with Schedule 10 of the regulation.
5.3. Assessment Benchmarks Relating to the Planning Scheme
5.3.1. Definition
The Noosa Plan 2020 defines a Food and Drink Outlet as follows:
Food and drink outlet means the use of premises for—
a) preparing and selling food and drink for consumption on or off the premises; or
b) providing liquor for consumption on the premises, if the use is ancillary to the use in paragraph
(a).
5.3.2. Level of Assessment and Assessment Requirements
The site is located within the District Centre Zone and the Cooroy Local Plan Area under the Noosa
Plan 2020. Pursuant to Table 5.5.7 of the Planning Scheme, the proposed Food and drink outlet is
‘code assessable’.
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In accordance with Section 45(3) of the Planning Act 2016 a code assessment is an assessment that
must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development; and
(b) having regard to any matters prescribed by regulation for this paragraph.
5.3.3. Assessment Benchmarks
Pursuant to Table 5.5.10.1 of the Planning Scheme, the application is assessable against the following
codes (benchmarks):
+ Cooroy Local Plan Code
+ Local Centre Zone Code
+ Business Activities Code
+ Works codes
An assessment against the abovementioned applicable codes has revealed that the development is
compliant with, or can be conditioned to comply with, each. The pertinent issues arising out of an
assessment against each of the codes are discussed below.
Cooroy Local Plan Code
Performance Outcomes Acceptable Outcomes Compliance
PO1 No acceptable outcome provided PO1 – Complies
Development enhances the role The proposal will provide for an
of Cooroy as the largest centre in additional food and drink outlet
the Noosa Hinterland, providing a within the town centre of Cooroy
wide range of business and that will support further
employment services, recreation employment opportunities as
facilities, community services, well as provide a service to
housing choice and a limited residents.
range of visitor services.
PO2 PO2 – Complies
Development contributes to the No acceptable outcome provided The proposed use provides an
lifestyle and amenity of residents active vibrant frontage to Maple
of the Cooroy and their Street and contributes to the
surroundings. lifestyle and amenity of the
township.
PO3 AO3.1 AO3.1 – Not Applicable
Development contributes to the Development adjacent to a The site is not adjacent to a
establishment of attractive gateway or special place or on land gateway, special place or land
streetscapes and gateways to identified as a key corner on Figure identified as a key corner.
enhance the sense of arrival and 7.2.2.4 (Cooroy Framework and
the character of Cooroy. Character Plan):
a) incorporates architectural and
landscape treatments which
emphasise the corner location
as shown in figure AP3-
10A and figure AP3-10B; and
b) incorporates building materials
such as varied roof forms,
changes in materials and
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variations in projected and
recessed elements and facades.
AO3.2
Development adjacent to a primary AO3.2 – Complies
streetscape treatment area The site is not adjacent to a
identified on Figure 7.2.2.4 (Cooroy primary streetscape treatment
Framework and Character area.
Plan) provides streetscape
improvements appropriate to the
location, setting and context of the
development and complements
existing or proposed streetscape
works in the local area.
AO3.3 – Not Applicable
AO3.3 The site is not identified as a key
Development on Key Development development site.
Sites identified on Figure 7.2.2.4
(Cooroy Framework and Character
Plan) incorporates a high standard
of architectural design and
landscape treatment consistent
with the streetscape character.
PO4 AO4 AO4 – Not Applicable
The visual amenity surrounding Development adjacent to Myall The proposal is not adjacent to
the major road network is Street, Mary River Road, Elm any of the identified streets.
protected and enhanced. Street, Cooroy Noosa Road,
Tewantin Road and Diamond Street
incorporates landscaping that
complements the natural species
occurring in the local area, protects
existing vegetation within the road
reserve and incorporates design
elements that add visual interest to
the streetscape.
PO5 AO5.1 AO5.1 – Complies
Development retains and Development retains landmarks, Development will not impact on
enhances key heritage and memorials and monuments any landmarks, memorials and
landscape elements including including but not necessarily monuments identified on
historical landmarks, existing limited to those identified on the Heritage and Character Areas
character trees and areas of the Heritage and Character Areas Overlay Maps
significant vegetation contributin Overlay maps in Schedule 2.
g to the setting and character of
the local plan area. AO5.2
Development retains and enhances AO5.2 – Complies
existing mature trees and The proposal will not impact on
character vegetation contributing any existing mature trees.
to the vegetated backdrop and
streetscape character of the local
plan area including:
a) mature trees, particularly along
Maple and Emerald Avenue,
Mary River Road, Myall Street
and Elm Street;
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b) riparian vegetation adjacent to
the Cooroy Creek and
tributaries of Six Mile Creek
within the local plan area; and
c) other character vegetation and
landscaping where identified
on Figure 7.2.2.4. (Cooroy
Framework and Character Plan)
PO6 AO6.1 AO6.1 – Complies
Development retains and Development enhances and does The development will not
enhances key contextual views, not intrude upon important intrude upon important
to Mt Cooroy, Black Mountain sightlines to Mt Cooroy. sightlines to Mt Cooroora.
range and other views to the
rural and open spaces around AO6.2
AO6.2 – Complies
Cooroy. For Cooroy district centre,
The use will not involve any
buildings and structures do not
building works and will not
significantly interrupt or encroach
interrupt or encroach upon key
upon key contextual views as
contextual views including where
identified on Figure 7.2.2.4 (Cooroy
identified on Figure 7.2.2.4
Framework and Character
Plan) and shown in Figure 7.2.2.6.
PO7 AO7.1 AO7.1 – Not Applicable
Buildings, structures and Development retains or re-uses The site and does not contain a
landscaping are consistent with buildings that have cultural building of heritage value.
and reflective of the traditional heritage or townscape significance,
character of the Hinterland including where subject to
Villages in terms of form, the Heritage and Character Overlay
composition and use of Maps in Schedule 2 or identified as
materials. a heritage site or character
area on Figure 7.2.2.4 (Cooroy
Framework and Character Plan)
Editor’s Note— The Heritage
Overlay code sets out requirements
for development on heritage places
and in character areas.
AO7.2 AO7.2 – Complies
Development is compatible with The proposed use will be carried
existing buildings including out under an existing building
Federation and Art Deco styles, that provides a traditional
without mimicking such styles. appearance comprising timber
posts, joists and a pitched metal
roof, compatible with existing
buildings with the Cooroy
township, without mimicking
such styles.
AO7.3
Roof forms use simple, traditional AO7.3 – Not Applicable
Queensland style roof designs, The proposed use will be carried
including gable, hip, pitched, hip out under an existing building.
and valley or multiple gable roof
forms with a roof pitch of no less
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than five degrees. Refer to Figure
AP3-6B for examples.
AO7.4 – Not Applicable
AO7.4
The proposal involves a
For residential buildings, roof form
commercial building.
is visible from the street and not
concealed behind parapets.
AO7.5 AO7.5 – Not Applicable
Buildings are designed to: The proposed use will be carried
a) reflect the traditional out under an existing building.
Queensland vernacular;
b) suit the local subtropical
climate;
c) incorporate lightweight
materials such as timber;
d) be elevated above the ground
on sloping or low-lying lots;
e) incorporate verandahs, open
balconies with transparent or
open balustrades or shaded
patios for outdoor living; and
f) allow for landscaping
integrated with the buildings
on site.
Editor’s note—Refer to Figure AP3-
6B for examples of traditional
Queensland vernacular design.
AO7.6 AO7.6 – Not Applicable
Boundary setbacks provide space The proposed use will be carried
for trees between buildings. out under an existing building.
PO8 PO8 – Complies
Cooroy town centre functions as No acceptable outcome provided The proposed food and drink
a district centre with a wide outlet will support Cooroy’s role
range of business and community as a district centre.
functions, servicing Cooroy and
surrounding hinterland
communities.
PO9 AO9 PO9 – Not Applicable
Maple Street and Emerald Street Development maintains the The proposal does not involve a
function as traditional pedestrian primacy of Maple Street and supermarket.
orientated main streets and are Emerald Street as attractive and
the primary retail and pedestrian-friendly main streets
commercial focus of the town. with a concentration of retail and
commercial uses.
PO10 AO10 AO10 – Complies
Development in the District Development maintains and The proposed development will
Centre zone: enhances the primacy of existing support the role of Maple Street
main streets as attractive being an attractive Main Street
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a) is sympathetic to the country and pedestrian friendly streets in that it will encourage further
town character and identity where retail and other centre uses activity and vibrancy to its
of Cooroy; are concentrated. southern end.
b) complements the traditional
built form, street pattern and
streetscape;
c) is low-set single or
double storey with second
storeys set back from the
property frontage;
d) addresses the street;
e) creates vibrant and active
spaces in the public realm;
f) provides continuous weather
protection for pedestrians;
and
g) provides integrated and
functional parking
and access arrangements that
do not dominate the street.
PO11 AO11 – Not Applicable
Development for centre activities No acceptable outcome provided The development is located on
on the eastern side of the rail line the western side of the rail line.
retains a service level role
supporting the centre on the
western side of the rail line by:
a) providing a range of small-
scale destination businesses,
local convenience goods and
services for nearby residents
and visitors; and
b) having a domestic scale and
not resulting in reduced
amenity for adjoining
residential uses.
PO12 PO12 – Not Applicable
Sites currently used or approved No acceptable outcome provided
for the use of, relocatable home
parks, retirement facilities or
residential aged care facilities
such as Palm Lakes Resort,
Cooroy Villages and Kabara
continue to provide such
residential accommodation into
the future.
PO13 PO13 – Not Applicable
Additional sites suitable for No acceptable outcome provided
future use as aged care are
preserved and protected for aged
care.
PO14 AO14 AO14 – Not Applicable
Development provides for sites Residential dwellings within
within and in close proximity to the District centre zone:
the District centre zone to a) do not exceed 100m2; and
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contribute to housing diversity by b) form part of a mixed-
providing small attached use building with non-
dwellings, including single level residential uses at ground level.
apartments.
PO15 PO15 – Not Applicable
A variety of visitor No acceptable outcome provided
accommodation options are
provided in the Cooroy local plan
area to meet the needs
of visitors.
PO16 PO16 – Not Applicable
Development is sited and No acceptable outcome provided
designed such that it does not
diminish the ability of laneways
to:
a) relieve traffic on streets;
b) provide convenient and safe
rear access to premises
including service vehicles
where relevant;
c) provide safe pedestrian
linkages;
add to the heritage character of
Cooroy.
PO17
Development facilitates the No acceptable outcome provided.
PO17 – Not Applicable
widening and upgrading of
laneways in the Cooroy Local Plan
Area to accommodate
anticipated levels of traffic.
Where:
a) access to development is
taken from a laneway, a 2
metre resumption from the
laneway frontage is required
for widening and the laneway
is to be upgraded to the
appropriate standard; or
b) development is undertaken
on a property with a
laneway frontage,
and access is not taken, a 2
metre easement is provided
for future widening and
upgrading purposes.
PO18 PO18 – Complies
Development improves local No acceptable outcome provided. The development will encourage
connectivity by providing safe safe connections by providing
and convenient pedestrian and further activation to the
bicycle pathways to and between southern end of the street and
key destinations such as the town maintaining the footpath.
centre, railway station,
community and sports facilities
and schools.
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PO19 AO19 AO19 – Complies
Development integrates with and Development on land including or Development will not impact on
extends the existing street and adjoining a key pedestrian/cycle the pedestrian connection
pathway networks including but link shown on Figure located on the southern side of
not limited to those identified 7.2.2.4 (Cooroy Framework and the School of Arts Building.
on Figure 7.2.2.4 (Cooroy Character Plan) facilitates these
Framework and Character connections.
Plan) such that connections to
and between key local
destinations are provided and
reinforced.
PO20 – PO23 – Not Applicable
The development will not impact on environmentally important areas, natural resources or recreation
values.
District Centre Zone Code
Performance Outcomes Acceptable Outcomes Compliance
PO1 PO1 – Complies
The business use or centre No acceptable outcome provided The proposed food and drink
activity is of a type, scale and outlet is consistent with the
intensity that is consistent with a type, scale and intensity of
Districy Centre as identified in the business expected within the
Noosa Shire Centre Hierarchy. Cooroy district centre.
PO2 PO2 – Complies
The District centre zone No acceptable outcome provided The proposed food and drink
accommodates a mid-range of outlet will accommodate an
business, community, additional low order service in
entertainment and recreation Cooroy and provide employment
uses and offers a range of opportunities as well as a service
employment opportunities. to residents.
PO3 PO3 – Complies
Development does not No acceptable outcome provided. The proposed development does
compromise or compete with the not compromise or compete
role and function of the Major with major centres.
Centres of Noosa Junction and
Noosa Business Centre as the
highest order centres in Noosa
Shire by ensuring the gross floor
area of:
a) a shopping centre does not
exceed 2,000m2; and
b) any individual tenancy does
not exceed 1,000m2 for
a shop or 1,500m2 for a
supermarket.
PO4 AO4 AO4 – Complies
A diverse range of retail, offices Development provides for one or The development provides for a
and healthcare, business, more of the following uses:- food and drink outlet
community, entertainment and a) retail shops; (restaurant).
recreation activities support the
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needs of residents and visitors in b) food and drink outlets (cafes,
the district catchment and restaurant and outdoor dining
promote an activated mixed-use facilities);
centre. c) local health care services;
d) offices (e.g. banks and real
estate agencies);
e) entertainment activities
(bar, function
facility or theatre);
f) recreation activities (indoor
sport & recreation); and
g) community activities and
support service.
PO5 PO5 – Not Applicable
Higher order retail uses, including No acceptable outcome The proposal does not involve a
department stores and discount provided higher order retail use.
department stores, do not locate
in the District centre zone.
PO6 AO6 AO6 – Not Applicable
Small to mid-range supermarkets A retail needs assessment is
locate in the District Centre zone provided by a suitably qualified
only where there is a economist outlining the demand
demonstrated need. for a supermarket in the District
Centre.
PO7 PO7 – Complies
In the localities of Tewantin and No acceptable outcome provided The proposal does not
Cooroy, a food and drink incorporate a drive through.
outlet does not incorporate a
drive-through facility.
PO8 PO8 – Complies
Development is contained within No acceptable outcome provided The development is contained
the boundaries of the District within the boundaries of the
Centre zone with business growth District Centre Zone.
consolidated on existing sites.
PO9 AO9.1 AO9.1 – Not Applicable
Development respects the fact Within Tewantin:
that higher intensity retail uses a) development in Diyan Street
are concentrated in traditional includes a mix of residential
core main streets and that at the and entertainment and dining
edges of the District Centre zone uses but does not include
lower intensity business and shops;
community uses form a transition b) development in Doonella Street
to residential uses. and Blakesly Street include
mixed-use development
incorporating
small dwelling units but does
not include business uses such
as shops which rely on active
frontages to Doonella Street
or Blakesly Street.
AO9.2
Within Cooroy, sites fronting Pearl
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Street and Kauri Street, provide a AO9.2 – Not Applicable
transition to residential areas and The site does not front Pearl or
therefore do not incorporate Kauri Streets.
development with or reliant on
activated street frontages.
PO10 AO10 AO10 – Not Applicable
Short term accommodation is Development incorporates non- The development does not
developed in conjunction with residential development in involve a mixed use.
other centre uses, has proximity conjunction with short-term
to tourist focused areas and is accommodation in a mixed-use
accessible to visitors. format.
Mary Street/Thomas Street PO11– Not Applicable
Health and Wellbeing Precinct The development is not located
PO11 No acceptable outcome provided in Mary Street/Thomas Street
Uses: Health and Wellbeing Precinct.
a) are low impact;
b) are daytime use only if
adjoining a residential zone;
and
c) do not include:
i. a food and drink
outlet or shop excluding
where located on Lot 1
RP802167; or
ii. bar, hotel or nightclub
entertainment facility.
Height AO12.1 – Not Applicable
PO12 AO12.1 The proposal does not involve
Buildings and other structures: Buildings and other structures have the development of structures.
a) are low rise and have a visual a building height of no more than:
bulk and architectural scale
consistent with the character a) 10 metres for Noosaville
of the area; District centre zone unless
b) present a building within the Mary Street/Thomas
height consistent with Street Health and Wellbeing
structures on adjoining and Precinct in which case
surrounding premises; the building height is no
c) do not visually dominate the greater than 8 metres;
street, surrounding spaces or b) 10 metres for Tewantin District
skyline; centre zone unless within 10
d) preserve the amenity of metres of the frontage of either
surrounding development Blakesley Street or Sidoni
including privacy, views Street Tewantin in which
and access to sunlight to case building height is no
residential dwellings; greater than 8 metres; and
e) respect the scale of the c) 8 metres for Cooroy District
surrounding vegetation; centre zone.
f) respond to the topography of
the site; and AO12.2 AO12.2 – Not Applicable
g) have a maximum building Where excavation is required, the The development does not
height of two storeys. maximum portion of the exposed involve excavation.
external elevation of
the building cannot exceed the
respective building heights in
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Site cover and gross floor area PO13 – Not Applicable
PO13 No acceptable outcome provided The proposal does not involve
the development of structures.
The site cover and gross floor
area of buildings and other
structures:
a) is of a scale that is compatible
with surrounding
development;
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 soft
landscaping between
buildings;
d) allows for adequate area
at ground
level for site facilities; and
e) facilitates onsite stormwater
management and
vehicular access
PO14 No acceptable outcome provided PO14 – Not Applicable
If not within the Health and The site is not within the Health
Wellbeing Precinct, Lot 1 on and wellbeing precinct.
RP845244 or Lot 3 RP40197, the
maximum plot ratio of a site is:
a) 0.8:1 for site areas up to and
including 2,000m²; plus
b) 0.3:1 for the balance portion
of the site area in excess of
2000m².
Health and Wellbeing Precinct AO15 PO15 – Not Applicable
PO15 Development has a maximum GFA The site is not within the Health
Development is to be of a of 300m². and wellbeing precinct.
domestic scale and has a
maximum site cover of 50%. Editor's note— refer to Figure
6.4.2.6 for design outcomes for
buildings in the Mary/Thomas
Street Precinct.
14-16 Mary Street, Noosaville PO16 – Not Applicable
PO16 No acceptable outcome provided
Development for short-term
accommodation at 14-16 Mary
Street Noosaville (Lots 3 and 4 on
RP122928) contributes to
diversity in visitor
accommodation styles for
Noosaville and has a
maximum plot ratio of 1.3:1.
Setbacks AO17.1 AO17.1 – Not Applicable
PO17 Buildings and structures comply The proposal does not involve
Buildings and other structures are with the following minimum the development of structures.
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appropriately designed and sited boundary setbacks:
to:
Frontage:
a) provide amenity for users of Cooroy:
the premises, as well as a) for Elm Street, Pearl Street,
preserve the visual and Wattle Street and Kauri
acoustic privacy of adjoining Street— 2 metres; or
and nearby properties; b) 0.0 metres otherwise.
b) allow space for required
vehicle parking; Noosaville: 6 metres.
c) preserve
existing vegetation to buffer Tewantin:
the proposed building from
adjoining uses; a) Standard 6 metres
d) allow for landscaping b) Exceptions:
between buildings; i. 0.0 metres for ground floors
e) maintain the visual continuity facing Poinciana Avenue;
and pattern of buildings and ii. 2 metres for ground floors
landscape elements within facing Memorial Avenue or
the street; Diyan Street.
f) avoid large areas of Other boundaries:
continuous wall planes by a) 3 metres from boundaries that
varying adjoin land in a residential
the building setback and zone, or
using appropriate techniques b) 0.0 metres otherwise.
to provide visual relief; and AO17.2 – Complies
g) help protect the natural AO17.2
The proposal is not located
character and visual amenity Places of worship, function
within 10m of a residential
of the locality. facilities, hotels, bars, nightclub
boundary.
entertainment facilities or any
other uses that involve music or
large numbers of patrons are not
within 10 metres of a residential
zone.
Building Design and Streetscape
PO18 – PO34 – Not Applicable
The proposal does not involve establishing any new building works and is carried out under an existing
roofed structure that is made timber posts and a metal roof which reflects the local streetscape character.
Landscaping
PO35 – PO38 – Not Applicable
The proposal involves utilising existing site infrastructure and pavements associated with the former use of
the site as a car yard. The proposal incorporates planted pots adjacent to the frontage that provide a soft
and attractive frontage to the street. No additional landscaping works are proposed.
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Figure 5 – Landscaped Treatment to the Street Frontage
Mixed use development
PO39 – PO41 – Not Applicable
Amenity and Safety
PO42 – PO53 – Not Applicable
The proposal does not involve any additional development works.
PO55 PO55 – Complies
Convenient and legible No acceptable outcome The proposal provides a
connections are provided for provided convenient and legible
pedestrians and cyclists to pedestrian connection from
the site, particularly having Maple Street.
regard to linkages with existing
and proposed public transport
infrastructure, the open space
network, centres and other
community-related activities.
PO56 AO56.1 AO56.1 – Complies
Public or semi-public spaces are Public and semi-public spaces are The proposal will encourage safe
integrated into the centre's located to ensure pedestrian pedestrian movement along the
pedestrian and cycle networks. movement flows through Maple Street frontage.
the site and connects to the
pedestrian and cycle networks.
AO56.2 AO56.2 – Not Applicable
Pedestrian arcades, laneways or The proposal does not involve
enclosed thoroughfares are a arcades, laneways or enclosed
minimum of 6 metres wide, thoroughfares
provide a direct line of sight to a
major pedestrian destination
(major tenancy, car park, public
place, etc.), and are not dead ends,
narrow or circuitous.
PO59 No acceptable outcome provided PO59 – Complies
Development is supported by The use is supported by
adequate infrastructure and adequate infrastructure
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urban services including including sealed road, pathways
reticulated water, sewerage, and electricity infrastructure.
stormwater drainage, sealed Development involves a mobile
roads, pathways and electricity business and is limited to using
and telecommunication the site 2 days per weeks
infrastructure. between the hours of 11am –
7pm. Given the limited nature of
the use, it is not needing to
connect to water and sewer
infrastructure.
PO60 No acceptable outcome provided PO60 – Complies
Development does not adversely The development will not impact
impact on the continued on the viability existing or
operation, viability and planned infrastructure.
maintenance of existing
infrastructure or compromise the
future provision of planned
infrastructure.
Business Activities Code
Performance Outcomes Acceptable Outcomes Compliance
PO1 PO1 – Complies
Business activities are No acceptable outcome provided The proposed food and drink
compatible with the purpose of outlet is located on a site that
the zone in which they locate and is suitable for this purpose and is
the site is suitable for supported by adequate
the use having regard to infrastructure and services.
accessibility, infrastructure and
servicing.
PO2 PO2 – Complies
The business activity is located No acceptable outcome provided The business activity is located
within an existing business centre within the Cooroy district centre
or visitor centre shown in the area.
Noosa Shire Centres Hierarchy or
in an industrial zone.
PO3 No acceptable outcome provided PO3 – Complies
Business activities are of a type, The proposed food and drink
scale and intensity that is outlet is of a type, scale and
consistent with the zone, locality intensity that is consistent with
and character of the area in the zone, locality and character
which it is located and reinforces of the Cooroy district centre
the Noosa Shire Centres area.
Hierarchy.
PO4 PO4 – Complies
Business activities contribute to No acceptable outcome provided The proposed food and drink
the local economy and vibrancy outlet will contribute to the local
of the area in which it is located. economy and vibrancy of Maple
Street and the Cooroy district
centre area.
PO5 AO5.1 AO5.1 – Complies
Development is sufficiently Buildings and structures are not The building will not be
separated from infrastructure constructed under overhead constructed under overhead
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including electricity infrastructure electricity transmission lines, or electricity transmission lines, or
and substations to minimise the within easements. within easements.
likelihood of nuisance or
complaint.
AO5.2 AO5.2 – Not Applicable
Development adjacent to or within The development is not located
50 metres of a substation, major adjacent to or within 50m of a
electricity infrastructure or major substation.
utility incorporates noise
attenuation measures such that
noise levels do not exceed 5db(A)
above background noise level
internal to buildings measured in
accordance with AS1055.
AO5.3 AO5.3 – Not Applicable
Where adjoining substations, major The development is not located
electricity infrastructure or major on land adjoining a substation or
utilities, buildings are orientated so major infrastructure.
that the majority of windows and
doors face away from the
infrastructure.
Ground floor AO6 – Not Applicable
PO6 AO6 The proposed use is located
Ground floor spaces and ceiling Ground floor spaces have a beneath an existing structure.
heights are flexible to cater for a minimum ceiling height of 3.5
range of business activities. metres to allow flexibility of use
(for example; adaptation for shop,
restaurant or office uses)
Outdoor areas AO7 AO7 – Complies
PO7 Outdoor areas and roof top areas There are no sensitive land uses
Outdoor areas, including used for business activities are located in close proximity to the
balconies and rooftops, used for located away from sensitive land outdoor areas.
business activities are located, uses and are generally oriented
designed and operated to avoid towards the street.
causing nuisance to adjoining or
nearby sensitive land uses.
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Outdoor Dining areas
PO8 AO8.1 AO8.1 –Not Applicable
Outdoor dining areas are Walls to outdoor dining areas are: The proposal will not involve
designed and located so that: (a) if facing a roadway or other outdoor dining areas.
public area, transparent and
(a) structures are aesthetically don’t restrict airflow;
pleasing and in keeping with (b) separated from the floor and
the existing character of the any roof by a minimum vertical
area, including the gap of 500 millimetres; and
architecture of the (c) if detachable or collapsible, are
associated building; only used during inclement
(b) outdoor dining adds to the weather.
streetscape without
increasing AO8.2 AO8.2 – Complies
perceived building bulk; Roof, walls or other structures do The proposal will not involve
(c) temporary walls or roofs not extend beyond the boundaries extending walls beyond the
are retracted when not in use of the premises. boundaries of the site.
and secured at all times;
(d) the use does not pose a AO8.3
health and safety risk to Outdoor dining areas: AO8.3 – Not Applicable
patrons; (a) have a non-slip surface which is The proposal does not involve
(e) adequate air movement is water resistant and not raised; outdoor dining areas.
available; and and
(f) structures do not impede the (b) ensures that where heating is
movement of pedestrians or provided it does not present a
vehicles. physical risk to diners or pose a
fire risk to the surrounding
buildings and structures
(braziers are not permitted).
AO8.4
Outdoor dining areas include soft AO8.4 – Not Applicable
landscaping integrated with the The proposal does not involve
outdoor dining environment to outdoor dining areas.
create an ambient atmosphere for
diners.
PO9 AO9 AO9 – Not Applicable
Adequate clearways and head Roof structures over outdoor The proposal does not involve
clearances allow safe movement dining areas have a minimum outdoor dining areas..
for users of the premises. clearance height of 2.1 metres.
Design of commercial and retail PO10 – Complies
spaces The proposal makes use of a
PO10 No acceptable outcome provided former car yard site and provides
Landscaping softens building bulk landscaping elements through
and creates a casual, pleasant the use of timber features,
setting for site users and the potted plants, and protection of
broader community by: street trees which
(a) adopting landscape solutions soften building bulk and create a
that reduce the visual impact casual, pleasant setting
of building bulk; for site users. Refer to Figure 5
above.
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(b) providing canopy trees
and ancillary shade
structures;
(c) using shrubs and garden beds
to clearly define public spaces
and pedestrian walkways;
(d) providing areas for public art,
where appropriate;
(e) providing outdoor areas with
seating;
(f) using screen planting to
conceal service and loading
areas;
(g) making provision for outdoor
dining areas where
appropriate, that integrate
well within the streetscape;
(h) providing adequate screening
along the perimeters of the
development;
(i) avoiding the use of formal
planting design
for frontage works; and
(j) providing planting design and
species selection that can
endure an intensively used
environment.
Hours of Operation
PO11 AO11.1 AO11.1 – Not Applicable
Business activities are operated The use or activity does not The use does not adjoin a
in a manner that avoids or operate outside the hours of residential zone.
minimises evening, early morning 7:00am to 9:00pm, seven days a
or weekend noise nuisances to week, where the site directly
sensitive land uses, adjoins land in the following zones:
particularly surrounding (a) All residential zones, except for
residential uses. the Tourist accommodation
zone
(b) Major centre zone – High
density residential precinct; or
(c) Rural residential zone.
AO11.2 AO11.2 – Complies
Where the site is not specified Hours of operation can be a
above in AO11.1 the use does not condition of approval.
operate outside the hours of
6:00am to 10:00pm, seven days a
week, except that a business use
such as a food and drink outlet,
may operate until 12:00 midnight
on a Friday and Saturday.
Overlooking
PO12 AO12 AO12 – Not Applicable
Business activities maintain the Where the business activity The use does not adjoin a
reasonable privacy and amenity adjoins an existing or approved residential use.
of site and adjoining residents residential use, the reasonable
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Page 26
and their enjoyment of indoor privacy and amenity of such
and outdoor living areas is not uses is maintained by:
unreasonably diminished. (a) siting and orienting buildings to
minimise the likelihood of
overlooking occurring;
(b) having windows and outdoor
areas, (including balconies and
terraces) located and designed
so that they do not look into
dwellings or visitor
accommodation; and
(c) incorporating screening
over building openings.
Noise, visual and odour impacts AO13.1 AO13.1
PO13 Undesirable noise, visual or odour The proposal will not result in
Business activities are designed, impacts on public spaces and undesirable noise, visual or
sited and operated to avoid residential uses, are avoided or odour impacts on public spaces
environmental nuisances such as reduced by: and residential uses. Loading
noise, visual or odour impacts (a) providing vehicle areas are located behind an
that unreasonably diminish the loading/unloading and refuse existing building and screened.
amenity of the area or storage/collection facilities
surrounding uses. within enclosed service yards
or courtyards; and
(b) not locating site service
facilities and areas along
any frontage to a street or
other public space.
AO13.2 AO13.2 – Not Applicable
Where the business activity The use will not require acoustic
requires the use of acoustic attenuation measures.
attenuation measures to mitigate
adverse impacts on nearby
sensitive land uses, such measures
are designed and constructed to be
compatible with the local
streetscape.
Live Music
PO14 AO14.1 AO14.1 – Not Applicable
Live music creates entertainment Where the site is adjacent to land The use does not adjoin a
for patrons and vibrancy within in a residential zone (excluding residential zone.
the streetscape and is sited to Tourist Accommodation Zone), the
avoid significant impacts on Noosa Business Centre High
surrounding residential land uses. Density Residential Precinct, or the
Rural Residential Zone live music is
contained within an enclosed
acoustically treated environment.
AO14.2 AO14.2 – Complies
Acoustic live music (not reliant on Any acoustic live music will be
electric or electronic equipment) conducted within the specified
ceases to operate in outdoor hours of operation. This can be a
spaces by 9:00pm Sunday – condition of approval.
Thursday, and by 10:00pm Friday
and Saturday, except if located
within the Hastings Street Mixed
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Use Precinct or Noosa Junction
Hospitality precinct where it can
operate until 10:00pm Sunday -
Thursday, and by 12:00 midnight
Friday and Saturday.
AO14.3 AO14.3 – Complies
Amplified live music ceases to Any amplified live music will
operate in outdoor space by cease by 7:00pm. This can be a
7:00pm seven days per week, condition of approval.
except if located within Hastings
Street Mixed use precinct or Noosa
Junction Hospitality precinct where
it can operate until 9:00pm Sunday
- Thursday and 10:00pm Friday and
Saturday.
PO15 AO15 AO15 – Not Applicable
Waste storage areas, external Waste storage areas, external The proposed use does not
storage areas and loading docks storage areas and loading docks require waste storage areas
do not detract from the visual are located within basements or given the limited operation of
amenity of the streetscape or are visually screened by the use. Waste is removed from
cause nuisance to adjoining landscaping or fencing and situated the site at the end of each shift
properties. to the rear of the building. by the operator.
Car Parking PO16 – Performance Outcome
AO16 AO16
Sufficient car parking is available Parking is provided in accordance Refer to an assessment against
to accommodate the number and with Table 9.4.2.4 of the Driveways the Driveways and Parking Code
type of vehicles likely to be and Parking Code. in the table below.
generated by the use on site.
Amenity AO17.1 AO17.1-17.2 – Not Applicable
PO17 Animal holding areas are well
Veterinary clinics and veterinary insulated or buffered from
hospitals are designed and adjacent uses to reduce noise
operated in a manner which levels.
ensures that the visual and
acoustic amenity of adjoining AO17.2
sensitive land uses are not The treatment of animals is
adversely affected. undertaken in a fully
enclosed building that has sound
reduction measures incorporated
into the design.
Landscaping Code
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Page 28
The proposed development complies with the Overall Outcomes of the Landscaping Code in
that the proposal refurbishes and reinvigorates a former car yard site and would:
+ integrates landscaping into its design in the form of potted plants and street trees and
ensures that building and structures sit within the landscape rather than dominating it;
+ the andscaping is consistent with the existing vegetated character and landscape of
Maple Street;
+ The development retains, reinforces and enhances existing vegetation, including by
protecting mature street trees along Maple Street;
+ The landscaping creates aesthetically pleasing, safe, comfortable and functional
environments in which people live, work and visit; and
+ The development utilises natural materials such as timber which complement the
landscaped setting.
Driveways and Parking Code
The proposed use would trigger one carparking space to be provided in accordance with Table
9.4.2.4 of the Driveways and Parking Code.
Providing an onsite car parking space would require the removal on street parking and a street
tree within the verge. The installation of a driveway crossover would also impact on the character
value of the street frontage. Consequently, a carparking dispensation is sought for one parking
space is sought in this instance.
Given the limited operation of the use, being Thursdays and Sundays between the hours of 11am
and 7:00pm, it is considered that sufficient parking is provided with the immediate area to
accommodate the demand generated by the use.
Other Works Codes
The site is capable of being service all standard urban infrastructure including reticulated water,
sewer, electricity, telecommunications, and stormwater. However, given the limited operation of
the use, connection to water, sewer and telecommunications is not necessary. The use is,
however, connected to electricity infrastructure.
In relation to stormwater drainage, the entire site comprises of an impervious surface, which has
been an historical circumstance since the establishment of a car yard on the property. Stormwater
sheet flows to the boundaries on the site. The proposed use will have no impact on the existing
drainage regime on the site.
6. Conclusion
This report has identified that the proposed development complies with the relevant benchmarks
contained within the Noosa Plan 2020 and does not raise any significant issues that cannot be
addressed by reasonable and relevant conditions on the following basis:
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+ The proposed use provides an active vibrant frontage to Maple Street and contributes to the
lifestyle and amenity of the township and complements the traditional character of Cooroy.
+ safe and convenient pedestrian access is provided to the site;
+ given the limited operation of the use, being Thursdays and Sundays between the hours of
11am and 7:00pm, it is considered that sufficient parking is provided with the immediate
area to accommodate the demand generated by the use; and
+ the development does not result in any offsite impacts including by way of noise, light, glare,
dust or odour emissions or stormwater runoff, traffic or environmental impacts.
This office trusts that the information supplied comprehensively addresses all of the issues that are to
be considered by the Noosa Plan 2020. Should you have any questions in relation to the proposal, or
any aspect of the development, please do not hesitate to contact the undersigned on 0423 952 928
or via email [email protected]
Yours sincerely,
Marcus Brennan
B. Urb. Reg. Plan.
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