2016-05-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       10 MAY 2016


A Yoga Studio is a consistent use in the Business Centre zone of the nearby Noosa Junction
trading area. The applicant suggests that Yoga requires a quieter space and a larger floor plate
than generally available in Noosa Junction, and with sufficient car parking to meet The Planning
Scheme. This justification is broadly considered acceptable.
Despite the Yoga Studio being inconsistent in the residential zoning, it is considered compatible
with, and unlikely to negatively impact on surrounding land uses.
 Entertainment and dining business type 1 food and beverages (Restaurant)
A restaurant was approved as part of the original development but was subsequently changed to
the conference facility with a pool bar/kitchen to service guests at street level. A separate outdoor
area for the use of the pool bar has been utilised since around 2004.
The restaurant with a floor area of 100m², consisting of 70m² use area & 30m² outdoor dining, is
currently operating from the approved pool bar and outdoor use area. A kitchen area of 123m²
associated with the conference facility will be utilised as a preparation kitchen for the restaurant.
The restaurant is considered ancillary to the visitor accommodation with various resorts
throughout the Shire within residential zonings having restaurants servicing guests and the
public. The use is complementary to and reasonably expected in a resort located in an area
dominated by visitor accommodation such as Noosa Heads. Furthermore, the pool bar which has
similar impacts to a restaurant has operated for many years.
Specific Outcome 01 of the Noosa Heads Locality is relevant to the assessment of the restaurant
and reads:
Amenity
Specific Outcome O1 - Uses are located, designed and operated to avoid significant adverse
changes to the light, air quality, noise, accessibility, or other conditions enjoyed by users of
associated, adjoining or nearby uses.
The applicant seeks approval to operate the restaurant from 7am to 10pm Sunday to Thursday
and 7am to midnight Friday and Saturdays. The restaurant is located beneath 2 storeys of visitor
accommodation and is approximately 45m to the neighbouring multiple dwelling across the
swimming pool podium.
A noise report has not been submitted as part of the application’s supporting documentation. The
applicant suggests that any noise impacts from the restaurant are self-regulating with the internal
management practices addressing any noise issues, given the nearest sensitive receptors to any
noise nuisance are guests of the resort.
The existing management practices have proven effective as the pool bar, with similar noise
impacts to a restaurant, having operated for many years and the Body Corporate has raised no
concerns with this application. Furthermore, no submissions were received from unit owners or
nearby residents as part of the Public Notification process of this application.
In this instance, it is considered reasonable that noise nuisance will be addressed by the resort
management. To ensure the restaurant addresses any adverse noise impacts, a condition is
recommended that noise complaints are addressed in accordance with the Environmental
Protection (Noise) Policy 2008.

Land Use & Works Provisions
The Driveways and Carparking Code is applicable to this application. The application has been
assessed against the code and the issues arising out of the assessment are discussed below.
The development under the original approval provides 104 car parking spaces located over
Levels 1 and 2. The Yoga Studio on level 2 is conveniently located adjacent to 29 car spaces,
which also has access to street level for the restaurant patrons.




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