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Town Planning Assessment Report · MCU22/0121

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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
Full text of the other 28 pages

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.



                                                                                                                                                                            Page 2 of 29

Page 3

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




                                                                         Page 3 of 29

Page 4

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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Page 5

Figure 2 – Site photograph of existing structure and use area




Figure 3 – Site photograph looking south along street frontage


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Page 6

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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Page 7

                                               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.




                                                                                               Page 7 of 29

Page 8

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:




                                                                                       Page 8 of 29

Page 9

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’.

                                                                                           Page 9 of 29

Page 10

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

                                                                                                Page 12 of 29

Page 13

                                     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.


                                                                                               Page 15 of 29

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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


                                                                                                 Page 16 of 29

Page 17

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


                                                                                                Page 18 of 29

Page 19

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.

                                                                                               Page 19 of 29

Page 20

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.




                                                                                                Page 20 of 29

Page 21

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

                                                                                                Page 21 of 29

Page 22

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


                                                                                               Page 22 of 29

Page 23

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.




                                                                                                      Page 23 of 29

Page 24

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.



                                                                                                 Page 24 of 29

Page 25

 (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


                                                                                                   Page 25 of 29

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

                                                                                                   Page 26 of 29

Page 27

                                      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




                                                                                                 Page 27 of 29

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:

                                                                                         Page 28 of 29

Page 29

    +   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.




                                                                                           Page 29 of 29

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