2021-03-09 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     9 MARCH 2021


15.   The total gross floor area of Retail Business - Type 2 Shop & Salon on the site must not
      exceed 209.25m2.
Applicant’s Request
It is sought that both conditions 14 & 15 be deleted.
Assessment of Request
Under Noosa Plan 2006, the subject site was zoned Visitor Mixed Use, which identified
Entertainment and Dining Business - Type 1 Food & Beverages (now defined as Food and drink
outlet under Noosa Plan 2020) as a consistent use, whilst the Retail Business - Type 2 Shop &
Salon use (now defined as a Shop under Noosa Plan 2020) was an inconsistent use within the
zone. The use area and gross floor areas of each use were therefore conditioned to ensure the
inconsistent use was limited to the specific use areas applied for under the Other Change
application.
Under Noosa Plan 2020, both uses are considered consistent uses within the Tourist
Accommodation zone, and as such the requirement to limit the ‘retail shop’ aspect of the approval
is no longer required. Additionally, the proposed internal configuration changes does not trigger
any additional car parking to be provided onsite. Therefore, it is recommended Conditions 14 and
15 be deleted.


CONDITION 16 – HOURS OF OPERATION
16.   The approved uses must not operate outside the hours of 7am to 10pm, 7 days a week,
      except Friday and Saturday, where Entertainment and Dining Business Uses may operate
      until 12 midnight. The requirements of this condition must be included in the Community
      Management Statement for any Body Corporate for the subject site.
Applicant’s Request
Amend Condition 16 to read as follows:
16.   The approved uses must not operate outside the hours of 76:00am to 10pm, 7 days a week,
      except Friday and Saturday, where Entertainment and Dining Business Uses may operate
      until 12 midnight. The requirements of this condition must be included in the Community
      Management Statement for any Body Corporate for the subject site.
Assessment of Request
Operating hours were conditioned as per Noosa Plan 2006 Probable Solution S58.2 of the Visitor
Mixed Use Zone code, which stated:
      Business Uses operate only between the hours of 7am to 10pm, 7 days a week, except
      Friday and Saturday, where Entertainment and dining business uses may operate until 12
      midnight.
Noosa Plan 2020 reflects this requirement under the Business Activities Code, with Acceptable
Outcome AO11.1 stating:
      The use or activity does not operate outside the hours of 7:00am to 9:00pm, seven days a
      week, where the site directly adjoins land in the following zones:
      (a) All residential zones, except for the Tourist accommodation zone
      (b) Major centre zone – High density residential precinct; or
      (c) Rural residential zone.
The subject site adjoins High Density Residential zoned land to the rear (refer to Figure 1).




                                                                                    Page 34 of 173