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MCU22.0101 - Applicant's Response · MCU22/0101
5th August 2022 Our Ref: 002446 Council’s Ref: MCU22/0101 Noosa Shire Council The Chief Executive Officer 9 Pelican Street Tewantin QLD 4565 Via email: [email protected] ATTENTION: Nadine Gorton Response to Council’s Information Request – Application for a Development Permit to Establish a Food and Drink Outlet 115 Poinciana Avenue, Tewantin Qld 4565 Lot 3 on RP71997 Dear Nadine, In relation to the abovementioned property and development application (MCU22/0101), on behalf of Retail Vending Australia Pty Ltd we hereby submit the following information as requested in Council’s Information Request dated 24 June 2022. In accordance with section 13.2 of the Development Assessment Rules, we wish to advise that the applicant is providing part of the information requested. The following attachment are enclosed within this response: • Attachment 1 – Revised Architectural Plans prepared by Robinson Architects, and • Attachment 2 – Sample Menu prepared by Retail Vending Australia Pty Ltd. Issue – Land Use The proposal plans detail a substantial internal bar areas with limited seating provided on site. Concerns are raised as to the proposed use of the premises and that it may be better defined as a Bar under the Noosa Plan. The use of the premises for a Bar will impact on carparking calculations as the Driveways and Parking Code has a different calculation for a Bar when compared to Food and Drink Outlet as kitchen and storage areas are not excluded from calculations. It is noted that table 4 of the planning report accompanying the application details the following hours of operation. RG Strategic PO Box 1818 07 5474 3873 Noosa Heads [email protected] QLD 4567 rgstrategic.com.au
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The proposed hours are considered to be more consistent with a bar operation rather than a food and drink
outlet.
Information Required by Council
1. Provide further information demonstrating that the proposal is a Food and Drink Outlet and not a bar as
defined by the planning scheme. Supporting information to include amended floor plans detailing seating
areas and food preparation areas, how the external kitchen will service the internal use area during wet
weather and information such as menus.
Applicant’s Response
As demonstrated in the lodged Architectural Plans (Appendix A) and in the Revised Architectural Plans
(Attachment 1), the proposed use of the existing business is for a Food and Drink Outlet.
The Site Plan (Attachment 1) illustrates a kitchen and food preparation area of approximately 15m2. Dining is
proposed to the indoor and outdoor use areas as shown below. Food will be available to purchase throughout
the proposed operating hours and as such the proposed use is consistent with the definition of a Food and
Drink Outlet.
Figure 1: Outdoor Dining Area
Details of the food preparation area including finishes and equipment specifications will be finalised upon
lodgement of a Food Application to Council at a later date.
The process of how staff will service both indoor and outdoor dining areas is an operational matter and will
be considered and managed by the operators at a later stage. Refer to the concept renders and Revised
Architectural Plans (Attachment 1) which illustrate roof coverings from the food preparation area along to the
indoor dining area. These awnings will provide weather protection for staff and patrons.
PO Box 1818 07 5474 3873
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 3
The location of the kitchen and amenity areas are restricted by the existing building’s design, and
configuration and location of existing infrastructures and services. The primary factors design limitations
being:
• The existing plumbing infrastructure which services the toilet amenities and building is located at the
rear of the existing building, and
• The internal ceiling height of the existing building.
Shown in the photographs below is the location of the existing plumbing infrastructure (at the rear of the
building) and existing building height.
At the front of the existing building (old bank building) the ceiling height is approximately 4 metres high. The
existing toilets are located at the rear, as too is the plumbing infrastructure. The addition of a kitchen is limited
to the area at the rear of the building due to the location of the existing plumbing.
To locate the kitchen and food preparation area at the front of the building would be cost prohibitive due to
the ceiling height. Additionally, connecting the kitchen to the existing water and sewerage services would be
cost prohibitive as it would require cutting into the existing concrete slab to connect to the services at the
rear.
Hence, an extension to the rear of the existing building is proposed which allows for a much simpler, and
therefore, cost effective design and connection. The proposed design results in an outcome which does not
require unnecessary disturbance to the amenity of the adjoining tenancies by means of dust, odour and noise
associated with cutting concrete.
Information Required by Council
2. If the use is a bar provide an amended proposal (application form) and amended calculation of car parking
for the site.
Applicant’s Response
The proposed use is for a Food and Drink Outlet, the premises is NOT a bar. Food will be available to purchase
throughout the proposed operating hours and as such the proposed use is consistent with the definition of a
PO Box 1818 07 5474 3873
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 4
Food and Drink Outlet. Refer to Attachment 2 for a sample menu. No amended to the application form is
required.
Information Required by Council
3. Provide further plans detailing the extent of the height and area of the storage area and how this storage
area will be viewed from the rear. Carparking may need to be further reviewed with regard to this area.
Applicant’s Response
The storage area underneath the deck has been removed from the proposed plans. Refer to the Revised
Architectural Plans prepared by Robinson Architects (Attachment 1).
The deck and undercroft area are screened from view by the proposed timber battening and landscaping
which will soften the proposed built form from the adjoining properties (see below render).
Issue – Noise
Concerns are raised as to the noise impacts associated with the use of the external deck on the residential
properties in Doonella Street and the surrounding area. It is noted that land at 30 and 32 Doonella Street has
been approved for residential uses under MCU21/0013 and proposed use of the deck could impact on the
residential amenity of the area.
It is also noted that the proposed does not comply with AO11.2 of the Business Activities Code which states:
AO11.2 Where the site is not specified above in AO11.1 the use does not 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.
Information Required by Council
4. Provide an Acoustic report that demonstrates the use will not negatively impact on the surrounding
residential area.
PO Box 1818 07 5474 3873
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 5
Applicant’s Response
Given the limited availability of qualified and experienced acoustic experts, the financial expense, proposed
operational hours, and the location of the proposed Food and Drink Outlet, an Acoustic Report will not be
provided. The perceived impacts of the proposed use have been addressed below.
The proposed hours of operation have been revised to align with AO11.2 of the Business Activities Code. The
revised proposed hours of operation are listed below:
Monday 10:00AM - 10:00PM Friday 10:00AM - 12:00AM
Tuesday 10:00AM - 10:00PM Saturday 10:00AM - 12:00AM
Wednesday 10:00AM - 10:00PM
Sunday 10:00AM - 10:00PM
Thursday 10:00AM - 10:00PM
Council specifically raise concerns for the potential noise impacts on the residential uses approved at 30-32
Doonella Street under MCU21/0013. Under MCU21/0013, a variety of uses have been approved in addition to
the residential uses including a Food and Drink outlet, Indoor Sport and Recreation, Health Care Service, and
Office uses. MCU21/0013 conditioned the operating hours of 7:00AM to 9:00PM and 9:00AM to 5:00PM for the
Food and Drink Outlet and Indoor Sport and Recreation uses respectively.
As such, it would be anticipated by those residing at 30-32 Doonella Street to expect a level of amenity
associated with a District Activity Centre such as Tewantin, where the centre provides for a wide range of
commercial, retail and community activities to service and provide for the needs of residents and visitors.
The closest living areas of the units at 30-32 Doonella Street are approximately 60 metres away from closest
part of the proposed external deck area. Of that distance, approximately 11 metres is buffered by the existing
multistorey Tewantin Plaza complex.
Further, it is highly unlikely that the proposed Food and Drink Outlet use will compromise the amenity of nearby
residential uses due to the following:
• Land use zoning of surrounding and adjacent lands (District Centre Zone),
• Location of existing uses and their operating hours (refer to below map),
• Traffic and associated noise generated by Doonella Street, and
• Proposed landscaping and screenings.
The proposed Food and Drink Outlet use is located in Poinciana Avenue, in the centre of the District Centre
Zone of Tewantin. There exists a number of Food and Drink Outlets uses within the vicinity of the proposed
use, all of which have similar operating hours as the hours proposed. These uses, as well as other nearby uses
are identified in the map below as well as their current operating hours. It is unlikely that the proposed use will
generate any noise in addition to the perceived noises generated by the existing uses.
Starting at Memorial Avenue, through to Doonella and Sidoni Streets, the majority of all vehicular traffic
entering and exiting Tewantin is done so via this major thoroughfare. As such, uses along this route experience
a high level of road and vehicle related noise. It is highly unlikely that residential uses which are located
PO Box 1818 07 5474 3873
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 6
approximately 60 metres and further from the proposed use will be negatively impacted upon by the
proposed use.
As demonstrated by the render and Revised Architectural Plans (Attachment 1), timber batten screening and
landscaping are proposed to the rear of the external dining area. These elements have been included to
improve the current streetscape as well as soften and screen the proposed dining area from the adjoining
land uses.
For the above reasons, the perceived noise impact derived from the proposed Food and Drink Outlet use,
which is to be located in an existing building in the centre of Tewantin’s District Centre Zone, is considered to
be minimal and inconsequential to the existing amenity of the nearby land uses.
The inclusion of a condition relating to noise limits is acceptable and a means that enables Council to set
parameters in the first instance without the applicant needing to invest significant resources in testing being
able to be done.
Issue – Bins
The Bin Bay is located at the rear of the site accessed via a stairway. Operational aspects as to how are bins
taken downstairs are raised.
Information Required by Council
5. Clarify how the bin area is to be utilised with reference to the stairway.
PO Box 1818 07 5474 3873
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 7
Existing Land Uses and Operating Hours of Businesses in Proximity to Subject Site
Monday-Saturday
11am–5:30pm
A Pleasure City
Sunday
Nickels & Dimes 11am–5:30pm
Monday-Sunday
B The Chook Shop
10:30am–7:30pm
Chan man Thursday-Monday
C
Chinese 11am–2pm, 4pm-8pm
Tuesday-Thursday, Sunday
The Paperboy 7:30am–2pm
D
Café Friday-Saturday
7:30am–2pm, 5:30pm–7:30pm
Monday, Thursday-Friday
Noosa River 8am–3pm
E
Kitchen Tuesday-Wednesday
8am–3pm, 3:30pm–7pm
Monday-Friday
8:30am–4pm
F Barber
Saturday
8:30am–12:30pm
Monday-Saturday
11am–2:30pm, 4–8pm
G Dek Senn Thai
Sunday
4pm–8pm
Ampol Petrol Monday to Sunday
I
Station 5am–8pm
Sunday to Thursday
Tewantin Noosa 10am–11pm
H
RSL Friday to Sunday
10am–12am
Tewantin Wash Monday to Sunday
J
& Tumble 5am–11pm
PO Box 1818 07 5474 3873
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 8
Applicant’s Response
The bin bay is located at the rear of the site for ease of removable through the rear car park, and proximity
to the food preparation area. The bin bay is screened from view of the external dining area and discourages
patrons from entering the Food and Drink Outlet from the rear.
A bin wash bay is located at the bottom of the stairs which access the storage area. The matter of how the
bins are to be stored, serviced and cleaned is an operational matter and will be considered and managed
by the operators at a later stage.
Issue – Landscape Open Space
AO25 of The Business Activities Code details that no less than 10% of the site is to be landscaped. The proposal
appears to provide less than the required amount on site.
Information Required by Council
6. Provide justification for the reduced area of landscaping and demonstrate that the proposed landscaping
enhances the area.
Applicant’s Response
AO25 of the Business Activities Code is not relevant to the proposed use or the subject site. AO25 specifically
relates a service station use. The rear of the site has always remained vacant, and the existing landscaping
consists of the grassed area which is unused. There are no established plantings existing on the site.
The proposed landscaping design complies with PO35 of the District Centre Zone Code as:
• a variety in soft landscaping treatments are proposed and include planter boxes, garden beds and
vertical landscaping. These treatments produces a much greater landscaped outcome over the
existing outcome (unused grassed area);
• the proposed design provides for a landscaped buffer between property boundaries;
• the type of proposed landscape treatments have be selected to appropriately suit the site and the
proposed Food and Drink Outlet use;
• the proposed landscaping design will reduce the visual impact of the built form, as well as screen the
services area and rear of the development; and
• the proposed landscaping design provides for enhanced pedestrian experience through visual
interest and shade.
Note in the below images the outcomes that can be achieved with vertical landscaping. Located behind
Aromas in Hasting Street, Noosa Heads, this area was approved many years ago for vertical landscaping.
This treatment and versatility certainly enhances the area.
PO Box 1818 07 5474 3873
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 9
The proposed landscaping treatments present a far improved outcome over the existing grassed area and
comply with PO35 District Centre Zone Code.
Information Required by Council
7. Demonstrate that the soft landscaping on the ground floor will not be removed as a result of access to the
underfloor storage area.
Applicant’s Response
Refer to the Revised Site Plans Attachment 1, the underfloor storage area has been removed. A variety of
trees and scrubs will be planted at ground level at the rear of the site which will screen the proposed deck
from the existing car park, and will not have to be removed for access.
This ends my client’s response to matters raised by Council within their Information Request.
We ask that Council proceeds with the assessment of this application under section 13.3 of the Development
Assessment Rules, effectively ending our applicant’s response period.
Should you require any additional information or have any queries please to not hesitate to contact us.
Kind Regards,
Russell Green APIA MQELA
Managing Director
PO Box 1818 07 5474 3873
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 10
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