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MCU DA Shop - Shop 4 11 Gibson Rd - Planning Report · MCU22/0083

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Town Planning Report
Application for a Development Permit –
Material Change of Use for a Shop

Noosaville Central, Shop 4, 11 Gibson Road, Noosaville 4566 QLD
Lot 4 on BUP105546




EdwardsAndCo
Full text of the other 19 pages

Page 2

Table of Contents

Important Note                                                                     1
1.  Summary                                                                       2
2. Application Information                                                        3
3. Development Intent                                                             4
4. Characteristics of Site and Surrounds                                          6
    4.1 Site Characteristics                                                      6
    4.2 Surrounding Land Uses                                                     8
    4.3 Land Ownership and Encumbrances                                           9
    4.4 Site History                                                              9
5. Proposed Development Details                                                  10
    5.1 Material Change of Use                                                   10
    5.2 Operational Aspects of the Proposed Development                           11
6. State Planning Interests                                                      13
    6.1 Planning Act                                                             13
    6.2 State Planning Policy                                                    13
    6.3 Southeast Queensland Regional Plan 2017                                  13
    6.4 Referral Agencies and State Development Assessment Provisions            13
7. Noosa Council Planning Scheme Considerations                                  14
    7.1 Use Definition                                                           14
    7.2 Zoning and Locality                                                      14
    7.3 Level of Assessment                                                      14
    7.4 Applicable Development Codes                                             14
    7.5 Applicable Overlay Codes                                                 16
8. Conclusion                                                                    17



List of Figures
Figure 1: Subject Site                                                            4
Figure 2: Open Plan Workspace                                                     4
Figure 3: Open Plan Workspace                                                     5
Figure 4: Site Location Map                                                       6
Figure 5: Cadastral Map                                                           7
Figure 6: Existing Business Complex                                               8
Figure 7: Zone Map                                                                8




List of Tables
Table 1: Application Information                                                  3
Table 2: Summary of Proposed Development                                         10
Table 3: Proposed House of Operation                                              11
Table 4: Prescribed Carparking Requirements                                      12




RG Strategic                    Town Planning Report – MCU to establish a Shop    a

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Important Note

Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.

We have prepared this report for EdwardsAndCo (“Client”) for the specific purpose of demonstrating
the proposed use as being permitted under the Noosa Plan 2020 (“Purpose”). This report is strictly
limited to the purpose and the facts and matters stated in it and does not apply directly or indirectly
and will not be used for any other application, purpose, use or matter.

In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.

This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;

             •   this report may not be relied on by a Third Party; and

             •   RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
                 arising out of or incidental to a Third Party; and

             •   publishing, using, or relying on the facts, content, opinions or subject matter contained
                 in this report.

If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.

In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.




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1.      Summary

RG Strategic has prepared this development application on behalf of EdwardsAndCo (the
Applicant). The subject site comprises an irregular parcel of land located at Shop 4, 11 Gibson Road,
Noosaville and is formally described as Lot 4 on BUP 105546 as shown on Figure 1 Subject Site.

The purpose of this report is to seek approval for a Development Permit for a Material Change of
Use for a Shop (hair salon).

The site is included in the District Centre Zone within the Noosaville locality of the Noosa Plan 2020.
An application of this nature within the District Centre Zone triggers Code Assessment (consistent
use).

The proposed use will be located within the existing concrete tilt-slab building located within
Noosaville Central. The site has been previously cleared of all vegetation and the existing building
is intended to remain unchanged as part of this proposal.

The proposal constitutes ‘development’ as defined by Schedule 2 of the Planning Act 2016. This
report demonstrates that the proposed Material Change of Use is defined by the Noosa Plan 2020
as consistent and permitted.

This planning report provides details of the nature of the proposal, describes the site characteristics
and surrounding land uses, and provides a statutory assessment against the intent of the Noosa
Plan 2020. These matters are set out in;

        • Proposed development intent;

        • Description of the characteristics of site and surrounds;

        • Proposed development details;

        • An assessment of the proposal against the State planning interests;

        • An assessment of the proposal against the Noosa Plan 2020; and

        • A conclusion that provides summary grounds which support the proposed development.

This report should be read in conjunction with the accompanying covering letter, DA Form and
Appendix A. The proposed Shop use is consistent with the intent of the Noosa Plan 2020 for the
subject land and warrants approval subject to reasonable and relevant conditions.




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2.   Application Information

Table 1: Application Information

 Address                           Noosaville Central, Shop 4 / 11 Gibson Road, NOOSAVILLE QLD 4566

 Real Property Description         Lot 4 on BUP105546

 Land Area                         249m2

 Local Authority                   Noosa Council

 Current Use                       Vacant shop/showroom

 Planning Scheme                   Noosa Plan 2020 (25th September 2020)

 Local Plan                        Noosaville

 Zone                              District Centre Zone

                                   Noosaville Local Plan Code;

                                   District Centre Zone Code,
 Relevant Codes and
 Overlays                          Business Activities Code, and

                                   Works Codes (Driveways and Parking Code).

 Applicant                         EdwardsAndCo

 Level of Assessment               Code Assessment

 Referrals                         N/A




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3. Development Intent

EdwardsAndCo is Australia’s leading hair agency and are seeking approval to establish a hair salon
(Shop ) in Noosaville. The proposal includes the reuse of an existing building located at Shop 4, 11
Gibson Road, Noosaville and is formally described as Lot 4 on BUP105546. Refer to Figure 1: Subject
Site below.




Figure 1: Subject Site
Source: NearMaps

A Floor Plan of the proposed use has been prepared by Amanda Jarvis Design Studio and is
enclosed within Appendix A. The Proposed Floor Plan identifies the use are of the hair salon studio.
The hair salon studio will comprise of an open plan workspace area, distinctive to the
EdwardsAndCo brand, illustrated in Figure 2 and 3.




Figure 2: Open Plan Workspace
Source: EdwardsAndCo Byron

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Figure 3: Open Plan Workspace
Source: EdwardsAndCo Fortitude Valley



The open plan workspace area will be utilised by stylists for hair cutting, colour processing, washing
and treatments occur. 6 x cutting bays (salon chairs) are proposed, along with a staff and storeroom
at the rear, and amenities for both staff and clients.

No alteration to the external built form is proposed. The previous approved tenancy of Shop 4 was
a Showroom.

The application for a Material Change of Use to establish a Shop use (Code Assessable) comprises
of a reconfiguration of the internal layout of the existing showroom to accommodate:

       • 6 x cutting basins,

       • Colour processing table,

       • Wash and treatment basins,

       • Staff and storeroom,

       • Staff and client amenities, and

       • Kitchenette and client drinks station.




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4. Characteristics of Site and Surrounds

4.1 Site Characteristics

The land which is subject of this report (i.e., the site) is located at Shop 4, 11 Gibson Road, Noosaville
and described as Lot 4 on BUP105546 as shown on Figure 4 Site Location Map and Figure 5
Cadastral Plan. The site is located within the Noosaville Central business precinct and is directly
accessed via the western boundary from Gibson Service Road



                 Noosa                        Noosa Village
               Homemaker                       Shopping
                 Centre                          Centre




                                                      Noosaville Central




                                       Subject Site




Figure 4: Site Location Map
Source: NearMap

Currently existing on site is a concrete tilt-slab building with four business tenancies, a concrete
hardstand area (carparking) and landscaped entry. Shop 4 comprises a total gross floor area of
249m2.

The building is largely constructed from blockwork construction and the site has been previously
cleared of all vegetation. The site is located within the Business Centre Zone of the Noosaville
locality, which has been developed for a mixture of shops, services and community facilities.

The site is well connected with major transport infrastructure and active transport facilities within
close proximity located at the Noosa Homemaker Centre and Noosa Village Shopping Centre. A
pedestrian footpath is provided along Gibson Service Road, adjacent to the landscaped entry to
Noosaville Central.

The site has access to all infrastructures that commonly service urban development and including
Council water supply, reticulated sewerage, underground telecommunication services, overhead
electricity supply, street lighting, stormwater drainage, bitumen roadway, and kerb and channelling
along the road frontage of the site.




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Figure 5: Cadastral Map
Source: QLD Globe


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Currently occupying the site is Noosaville Central, a 1,234m2 business complex with four tenancies
(Figure 6). 27 carparking spaces are provided for the development. One vehicle crossover provides
the site with direct access to Gibson Service Road.




Figure 6: Existing Business Complex
Source: Google Maps



4.2 Surrounding Land Uses

The site is located within the Noosaville Central retail business complex. As shown on the Zone Map
(Figure 7), the surrounding area of the subject site predominately encompasses Business and Retail
uses of various scales. The rear of the Noosaville Central site adjoins the residential estate of Noosa
Waters.




Figure 7: Zone Map
Source: Noosa Council Online Enterprise Mapping

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4.3 Land Ownership and Encumbrances

The site is held under a freehold title. David Gotterson and Kim Gotterson are the registered owners
of the site. Please refer to the Certificate of Title and Owners’ Consent attached for further
reference. The site is free of encumbrances.



4.4Site History

Following a review on Council’s Enterprise Mapping System (online) it is noted that the site is not
subject to any current town planning approvals.




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5. Proposed Development Details

5.1 Material Change of Use

This application is seeking a Development Permit for a Material Change of Use to establish a Hair
Salon Studio (Shop ) on the site. The proposed salon (EdwardsAndCo Noosa) is a consistent use as
defined within the Noosa Plan 2020.

The use will occupy the existing Shop 4 within the Noosaville Central complex and no alteration to
the external built form is proposed. The proposed use represents an appropriate reuse of the
existing showroom tenancy.

EdwardsAndCo currently operate in eight locations in Australia and are looking to establish a studio
in Noosa.

The proposed development is intended to be established in accordance with the Proposed Floor
Plan provided in Appendix A. The Floor Plan identifies the open plan workspace area will be utilised
by stylists for hair cutting, colour processing, washing and treatments occur. 6 x cutting bays (salon
chairs) are proposed, along with a staff and storeroom at the rear, and amenities for both staff and
clients.

The application for a Material Change of Use to establish a Shop use (Code Assessable) comprises
of a reconfiguration of the internal layout of the existing showroom to accommodate:

       • 6 x cutting basins,

       • Colour processing table,

       • Wash and treatment basins,

       • Staff and storeroom,

       • Staff and client amenities, and

       • Kitchenette and client drinks station.

A summary of the proposed development details are outlined in Table 2.

Table 2: Summary of Proposed Development

 Current use                                   Vacant showroom
 Proposed Use                                  Hair salon within an existing building

 Total GFA of Existing Shop                    249m2

 Existing Car Parking Spaces                   27 spaces




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5.2 Operational Aspects of the Proposed Development

Salon Operation
EdwardsAndCo is Australia’s leading hair agency, housing the country’s most refined hairstylists and
makeup artists. As a boutique salon, EdwardsAndCo offer an intimate, high-end experience for their
clients.

The proposed hours of operation are listed in Table 3.

Table 3: Proposed House of Operation

 Sunday                      Closed

 Monday                      Closed

 Tuesday                     9:00AM to 5:00PM

 Wednesday                   9:00AM to 5:00PM

 Thursday                    9:00AM to 9:00PM
 Friday                      9:00AM to 7:00PM

 Saturday                    8:00AM to 4:00PM

As standard practice within the hair salon industry, appointments are staggered to enable stylists
to attend to multiple clients. The staggering of appointments ensures peak loads for car parking is
lessened.

The above hours of operation are in accordance with the permitted hours allowed for businesses
within the Business Activities Code (AO11.1).

Carparking
As illustrated within the Proposed Floor Plan (Appendix A) prepared by Amanda Jarvis Design
Studio, a reconfiguration of the internal showroom layout is proposed. It is noted that several areas
of the hair salon studio do not contribute to actual car parking generation, and these include:

    •      Front counter/reception area,

    •      Kitchenette/client drinks station,

    •      Staff and client amenities, and

    •      Staff and storeroom area.

Noosa Council, in assessing the Indoor Sport and Recreation use located in Shop 3, have determined
the car parking supply for each tenancy within Noosaville Central development is:

     Development Assessment Delegated Report 26th August 2021 – MCU21/0106
     The carparking supply for each tenancy is calculated by dividing by the total GFA 1170m2 by 26
     spaces which provides for a car parking supply of 1 space per 45m2 of GFA.

Based on the rate of 1 space per 45m2 of GFA, the car parking spaces available to Shop 4 is 6. There
are 27 x spaces available on site, including 1 x PWD space. Table 9.4.1.4 within the Driveways and
Parking Code prescribes the number of car parking spaces to be provided (Table 4).
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Table 4: Prescribed Carparking Requirements
                                  Noosa Plan 2020
 Tenancy / Use                                           Spaces Required                 Provided
                                     Provisions
 Shop 4 – 249m2
                                  1 space / 20m²         13 x spaces              6 x spaces provided
 Proposed Hair Salon (Shop )
 Shop 3 – 292m2
 Fitstop Noosa - MCU21/0106       1 space / 20m²         15 x spaces              7 x spaces provided
 Indoor Sport and Recreation

As the proposed Shop is unable to comply with the required number of carparking spaces specified
in A06.1, assessment of PO6 of the Driveways and Parking Code is required. The outcome sought for
PO6 Sufficient Parking is:

         a)     is provided having regard to the specifics of the use including—
                         (i)    the type and intensity of land use;
                         (ii)   any existing parking available on the site;
                         (iii)  hours of operation;
                         (iv)   likely numbers of users;
                         (v)    accessibility to the site by means other than private motor vehicle;
                         (vi)   the peak parking demand periods of uses on the site; and
                         (vii)  the availability of alternative car parking; and
         b)     is provided to accommodate the number and type of vehicles and motorcycles likely
                to be generated by the development.

EdwardsAndCo Noosa proposes to operate during standard business hours (and in accordance
with AO11.1 Business Uses Code). These hours are outside the nominated operational hours of the
adjoining tenancy Fitstop Noosa. It is thus considered that the salon’s operation is outside of the
typical peak demand period generated by Fitstop Noosa for car parking on the site. Therefore, the
additional car parking allocated for Shop 3 of 7 x spaces (Fitstop Noosa) are likely to be available.
Consequently, sufficient car parking is likely to be available during the proposed operational hours.

In with respect to motorcycle parking, as the carparking is existing and already developed and there
is no ability to provide additional space for motorcycle spaces it is considered unwarranted to
require the applicant to provide spaces.




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6. State Planning Interests

The following is an assessment of how the proposed development addresses the relevant statutory
planning documents.



6.1 Planning Act

The Planning Act 2016 (‘the Act’) is the relevant statutory instrument under which development
applications are assessed. The development application is made in accordance with s.51 of the Act.



6.2 State Planning Policy

The State Planning Policy (SPP) provides the legislative guidance with regard to the Queensland
Government’s policies and matters of state interest for land use for the purposes of planning
development. The SPP applies to development assessment should the local planning instrument
(planning scheme) not appropriately integrate the SPP. Where there is any inconsistency with the
planning scheme the SPP prevails.

Part 2 of the Noosa Plan 2020 states that the “Planning Minister is satisfied that the State Planning
Policy (SPP) dated July 2017 is appropriately integrated in the Noosa Council's planning scheme”.
Therefore, assessment against the SPP is not required.



6.3 Southeast Queensland Regional Plan 2017

The Southeast Queensland Regional Plan 2017 (SEQRP) guides land use and development in the
region. The subject site is located within the Urban Footprint in an existing business complex. The
outcomes contained within the Regional Plan are generally reflected in the Noosa Plan 2020.



6.4 Referral Agencies and State Development Assessment Provisions

Referral matters for this proposal have been assessed against the provisions of Schedule 10 of the
Planning Regulation 2017. A review of the State Assessment Referral Agency’s (SARA) Development
Assessment Mapping System (DAMS) has confirmed there are no matters of State interest.




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7.   Noosa Council Planning Scheme Considerations

The proposed Material Change of Use is subject to code assessment. The following is a review of
the proposed development under the Noosa Plan 2020.



7.1 Use Definition

The Noosa Plan 2020 defines a Shop as:

         Shop means the use of premises for—
         displaying, selling or hiring goods; or providing personal services or betting to the public.
         Examples include - Hairdresser, liquor store, department store, discount department store,
         discount variety stores, betting agencies, supermarket, corner store


7.2 Zoning and Locality

The Noosa Plan 2020 identifies the site within the District Centre Zone in the Noosaville Local Plan
area.



7.3 Level of Assessment

Within the Noosa Plan 2020, Table 5.5.6 Categories of Development and Assessment – District
Centre Zone prescribes that the proposed Shop use is subject to Code Assessment.



7.4 Applicable Development Codes

The following Development Codes are relevant to the proposed development:

        • Noosaville Local Plan Code;

        • District Centre Zone Code,

        • Business Activities Code, and

        • Works Codes (Driveways and Parking Code).

Where probable solutions are not met, an alternative solution demonstrating compliance with the
specific outcome is provided below, including sufficient planning grounds to justify the conflicts with
the probable solutions.




Noosaville Local Plan Code
The proposed hair salon studio (Shop ) has been assessed against, and is consistent with, the
Purpose and Overall Outcomes, and the relevant Performance and Acceptable Outcomes

RG Strategic                       Town Planning Report – MCU to establish a Shop                        14

Page 17

prescribed within the Noosaville Local Plan Code. The proposed Shop is a business activity which
services the needs of residents and visitors in a form and scale that does not detract from the role
and function of the Noosa Business Centre.

The proposed hair salon studio is located in an existing showroom tenancy, and no changes to the
external built form are required. The Shop use represents a less intensive use at the edge of the
District Centre Zone and provides a transition to adjoining residential areas.




District Centre Zone Code
The proposed hair salon studio (Shop ) has been assessed against, and is consistent with, the
Purpose and Overall Outcomes, and the relevant Performance and Acceptable Outcomes
prescribed within the District Centre Zone Code.

The proposed Shop is of a type, scale and intensity that is consistent with the intended role and
function of a District Centre. The proposed use is located in an existing concrete tilt-slab building
and as such it is highly unlikely the operation will have any unreasonable impacts on the amenity of
the adjoining premises. The proposed hours of operation are consistent with the hours sought for
business uses (AO11.1).

The proposed hair salon is to be located in Shop 4 of the Noosaville Central business/showroom
complex. Shop 4 is currently vacant and as such the proposed use will contribute to the economic
activity and vibrancy of the business centre. As a boutique salon, EdwardsAndCo offer an intimate,
high-end experience for their clients as a speciality retailer.




Business Activities Code
The proposed hair salon studio (Shop ) has been assessed against, and is consistent with, the
Purpose and Overall Outcomes, and the relevant Performance and Acceptable Outcomes
prescribed within the Business Activities Code.

The proposed hair salon studio is of a scale and type which is suitable for its location within
Noosaville Central business complex and provides a transition to adjoining residential areas. Shop
4 is an appropriate site for the proposed salon as it is located in an existing business centre, has
sufficient car parking and is serviced by all relevant infrastructures. The site is well connected with
major transport infrastructure and active transport facilities within close proximity located at the
Noosa Homemaker Centre and Noosa Village Shopping Centre.

The proposed hours of operation for EdwardsAndCo Noosa are consistent with the hours permitted
in AO11.1.




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Works Codes (Driveways and Parking Code)
These codes largely relate to the provision of services and infrastructure associated with the
proposed development of the subject land. The subject site currently has access to an appropriate
level of infrastructure for its existing business use.

The proposed hair salon studio (Shop ) has been assessed against, and is generally consistent with,
the Purpose and Overall Outcomes, and the relevant Performance and Acceptable Outcomes
prescribed within the Driveways and Parking Code.

As the proposed Shop is unable to comply with the required number of carparking spaces specified
in A06.1 and A06.2, assessment of PO6 of the Driveways and Parking Code is required. As
demonstrated in Section 5.2 of this report, the existing car parking arrangement at Noosaville
Central meets the reasonable requirements of the existing tenancies and the proposed Shop.

EdwardsAndCo Noosa proposes to operate during standard business hours (and in accordance
with AO11.1 Business Uses Code). These hours are outside the nominated operational hours of the
adjoining tenancy Fitstop Noosa. It is thus considered that the salon’s operation is outside of the
typical peak demand period generated by Fitstop Noosa for car parking on the site. Therefore, the
additional car parking allocated for Shop 3 of 7 x spaces (Fitstop Noosa) are likely to be available.
Consequently, sufficient car parking is likely to be available during the proposed operational hours.

In with respect to motorcycle parking, as the carparking is existing and already developed and there
is no ability to provide additional space for motorcycle spaces it is considered unwarranted to
require the applicant to provide spaces.



7.5 Applicable Overlay Codes

There is no overlays of relevance applicable to the subject site.




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8. Conclusion

This report has been prepared by RG Strategic to accompany a Development Application made by
EdwardsAndCo (the applicant). The application seeks a Development Permit for a Material Change
of Use for a Shop (hair salon studio) at Shop 4, 11 Gibson Road, Noosaville 4566, formally described
as Lot 4 on BUP 105546.

The proposed hair salon studio (EdwardsAndCo) has been assessed against the requirements of the
Local and State Statutory Planning Requirements.

This report demonstrates that the proposed development complies with the provisions of the
Planning Act 2016 and the Noosa Plan 2020, and the proposed development can be supported on
a number of grounds, including:

       • The development application has been made in accordance with the requirements of both
          the Planning Act 2016 and the Development Assessment Rules 2017;

       • As the development application clearly demonstrates the compliance with both the
          Performance and Acceptable Outcomes of the Codes applicable for a Shop use within the
          District Centre Zone;

       • The Shop is proposed to be located in an existing vacant showroom and no additional
          changes to the external built form are required as part of the proposed use;

       • The development is consistent with the overall outcomes for the Noosaville Locality and
          does not impact on the hierarchy of centres;

       • The site is well located on the edge of the District Centre Zone and is well connected to
          the existing pedestrian, cycle and public transport routes; and

       • Sufficient carparking is available on site to support the proposed use.


On the basis of the above assessment, it is recommended that Noosa Council approve the
proposed Material Change of Use, subject to reasonable and relevant conditions. We look forward
to Council processing the application at its earliest convenience.

Should you require any additional information or have any queries please to not hesitate to contact
us.




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