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Town Planning Report Development Application for a Material Change of Use to establish a Bar Units 1-3/9 Rene Street, Noosaville Lots 0, 1, 2 & 3 on BUP5337 Prepared for Weir Distilling Company Pty Ltd June 2022 Our Ref: 220609 Our Ref: 220609 Page 1 of 20
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Page 2
Applicant Details
The applicant for the proposed Development Application for Material Change of Use to establish a Bar is Weir
Distilling Company Pty Ltd. It is requested that all project correspondence is provided to Weir Distilling Company
Pty Ltd care of ADAMS + SPARKES.
Contact Details and Project Team
Specialty Field Company Contact
Town Planning ADAMS + SPARKES Cameron Adams
(Project Manager) [email protected]
Building Designer Collins Building Designs [email protected]
Traffic Engineer Rytenskild Traffic Luke Rytenskild
[email protected]
Landscape Architect Lark Landscape Architecture Gerard Canavan
[email protected]
Document Control and Verification
This Town Planning Report has been prepared and reviewed by the identified key personnel, in accordance with
the requirements of the Planning Act 2016.
ADAMS + SPARKES is led by Directors Cameron Adams and Pete Sparkes, who have a combined experience of
over 30 years in both public and private sectors. ADAMS + SPARKES have extensive experience in the
management of development applications including residential, commercial, retail and mixed use
developments, industrial projects and mining and infrastructure projects.
Project Principal Project Assistant
Cameron Adams Aspen Dunn
Managing Director Town Planner
Confidentiality
All information contained within this document is provided in strict commercial confidence and is the property
of ADAMS + SPARKES. This document and the information are solely for the use of the authorised recipient and
this document may not be used, copied or reproduced in whole or part for any purpose other than that for which
it was supplied by ADAMS + SPARKES. ADAMS + SPARKES makes no representation, undertakes no duty and
accepts no responsibility to any third party who may use or rely upon this document or the information. This
document is not to be disclosed or reproduced in part or in full, without express written authority from ADAMS
+ SPARKES.
© ADAMS + SPARKES TOWN PLANNING
Our Ref: 220609 Page 2 of 20
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Contents
1. Introduction ..................................................................................................................................... 4
2. Site Details and Context................................................................................................................... 5
2.1 Site details .............................................................................................................................................. 5
2.2 Surrounding Land Uses ........................................................................................................................... 6
3. Proposed Development ................................................................................................................... 8
3.1 Background / Pre-lodgement Advice ...................................................................................................... 8
3.2 Proposal Overview .................................................................................................................................. 8
3.3 Support for proposal............................................................................................................................. 10
3.4 Architectural Design & Built Form ........................................................................................................ 10
3.5 Access and Parking Arrangements........................................................................................................ 10
3.6 Landscaping .......................................................................................................................................... 11
3.7 Waste Management ............................................................................................................................. 11
4. Statutory Framework ..................................................................................................................... 12
4.1 State Planning Policy............................................................................................................................. 12
4.2 State Interests (State Assessment Referral Agency) ............................................................................. 12
5. Local Planning Instrument – Noosa Plan 2020 .............................................................................. 13
5.1 Overlays ................................................................................................................................................ 13
5.2 Noosaville Local Plan Code ................................................................................................................... 13
5.3 Medium Impact Industry Zone Code .................................................................................................... 14
5.3.1 Acceptable Outcomes AO15.1 & AO15.2 – Landscaping .............................................................. 16
5.4 Entertainment Activities Code .............................................................................................................. 16
5.5 Driveways and Parking Code ................................................................................................................ 17
5.6 Transport Code ..................................................................................................................................... 18
5.7 Landscaping Code ................................................................................................................................. 18
5.8 Waste Management Code .................................................................................................................... 19
5.9 Earthworks Code................................................................................................................................... 19
5.10 Existing Services Code (stormwater) .................................................................................................... 19
5.11 Fire services for common private title code ......................................................................................... 19
5.12 Water Quality and Drainage Code ........................................................................................................ 19
6. Conclusion and Recommendations ............................................................................................... 20
Tables
Table 1 Site Summary Table ...................................................................................................................................................... 5
Table 2 Statutory Framework Mapping Layers ........................................................................................................................ 12
Figures
Figure 1 Subject Site (Source: Qld Globe 2022) ......................................................................................................................... 6
Figure 2 Surrounding Context (Source: QLD Globe 2022) ......................................................................................................... 7
Figure 3 Proposed Building Layout (Source: Collins Building Design 2022) ............................................................................... 9
Our Ref: 220609 Page 3 of 20
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1. Introduction
1. This Town Planning Report has been prepared in support of an Impact Assessable development
application for a Material Change of Use to establish a Bar within the existing building at 9 Rene Street,
Noosaville (Tenancies 1-3), legally described as Lots 0, 1, 2 & 3 on BUP5337. This documentation has been
prepared by ADAMS + SPARKES Town Planning (hereafter; ‘ADAMS + SPARKES’) for and on behalf of the
applicant, Weir Distilling Company Pty Ltd.
2. The local government which applies to the subject sites is the Noosa Council. In accordance with Schedule
8 of the Planning Regulation 2017, the Noosa Council is the Assessment Manager of the Development
Application.
3. The applicable planning scheme is the Noosa Plan 2020 (hereafter ‘the planning scheme’). Under the
planning scheme the proposed land use is best defined as a ‘Bar’, which is specifically defined as follows:
‘Bar’
Bar means the use of premises, with seating for 60 or less people, for—
(a) selling liquor for consumption on the premises; or
(b) an entertainment activity or preparing and selling food and drink for consumption on the
premises, if the use is ancillary to the use in paragraph (a).
4. The subject site is located within the Medium Impact Industry Zone of the Noosaville Local Plan Area. In
accordance with Part 5.5.10 Table of Development Assessment in Medium Impact Industry Zone, the
Development Application is subject to Impact Assessment. It is noted that the Local Plan area does not
alter the level of assessment.
5. This Town Planning Report will describe the site, the proposed development, and address the relevant
town planning and design issues with respect to the proposal. This report should be read in conjunction
with the following supporting documentation:
Appendix 1 Title searches
Appendix 2 Building Design Plans prepared by Collins Building Designs
Appendix 3 Noosa Council Pre-lodgement Meeting Minutes (PLM20/0046)
Appendix 4 Car Parking Assessment prepared by Rytenskild Traffic
Appendix 5 Landscape Plan prepared by Lark Landscape Architecture
Appendix 6 Letters of Support
Our Ref: 220609 Page 4 of 20
Page 5
2. Site Details and Context
2.1 Site details
6. A site inspection was undertaken by ADAMS + SPARKES as part of the preparation of this Town Planning
Report. Observations from this inspection have been incorporated into the following sections of the
report. Further, Table 1 below, provides a summary of the details applying to the subject site.
Table 1 Site Summary Table
Address Units 1-3/9 Rene Street, Noosaville
Property description Lots 0, 1, 2 & 3 on BUP5337
Site area 1,012m²
Frontage 20 metres
Locality Noosaville Local Plan Area
Zone Medium Impact Industry
Tenure Freehold
Weir Distilling Company Pty Ltd & Body Corporate for Westair
Landowner
Community Titles Scheme (refer to Appendix 1)
Easement B on RP154227 – burdening the land for the purpose of
Easements
infrastructure and services
Notable site features • Site comprises an existing industrial building with four (4)
tenancies and common property
• Site comprises level topography with constructed access,
parking and vehicle manoeuvring area
7. As identified in Table 1 above, the subject site currently comprises an existing industrial building with
four (4) individual tenancies. These tenancies are strata titled and operate under a Community
Management Statement governed by the Body Corporate for Westair. Tenancies 1-3, being the subject
of this Development Application, are currently utilised for a gin distillery premises known as Seabourne
Distillery.
8. The subject site is depicted in Figure 1 below.
Our Ref: 220609 Page 5 of 20
Page 6
Figure 1 Subject Site (Source: Qld Globe 2022)
2.2 Surrounding Land Uses
9. Being located centrally within a historically established industrial area, the subject site is surrounded by
a range of industry uses, with the adjoining site activities including a mechanics workshop to the south,
a manufacturing tenancy to the north and a concrete batching plant to the rear. Further, the adjoining
industrial tenancy onsite (Tenancy 4/Lot 4 on BUP5337) is presently utilised for long-term storage
purposes directly by the current owner. The use of Tenancy 4 therefore does not involve any employees
or customers attending the site at any time. The owner of the tenancy visits the site from time to time,
however, does not require regular access to the building.
10. The border surrounding context includes the Heads of Noosa Brewing Co., approximately 480 metres
south-east of the site, which also fronts Rene Street (#85). Further, the site is within proximity to a range
of commercial land uses comprising retail shops, food and drink outlets, showrooms etc, as well as
community related land uses. It is noted that the subject site is located approximately 250 metres from
the nearest sensitive land use, being the low density residential Dwellings to the west (refer to Figure 2
below).
Our Ref: 220609 Page 6 of 20
Page 7
Commercial retail
Community Uses
Subject Site
Commercial Uses
(shops, food and
Industrial uses drink outlets etc)
Figure 2 Surrounding Context (Source: QLD Globe 2022)
Our Ref: 220204 Page 7 of 20
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3. Proposed Development
3.1 Background / Pre-lodgement Advice
11. As detailed in section 2.1 (Site Details) above, Tenancies 1, 2 and 3 of the existing industrial building onsite
is occupied by a gin distillery business. Under the Planning Scheme, the process of distilling and bottling
alcohol/beverages of less than 200 tonnes per annum is defined as Medium Impact Industry. Further, the
accordance with Part 5.5.10 Table of Development Assessment in Medium Impact Industry Zone, this use
is Accepted Development within an existing building and did not require a Development Permit to
establish the use.
12. The proposal seeks approval to operate a Bar within Tenancy 1 of the existing building, which will be
directly associated with, and remain subordinate to, the gin distillery premises currently operating onsite
within Tenancies 1, 2 and 3. The Bar will comprise the sale of alcoholic beverages for consumption on the
premises, with the vast majority of alcohol product sold having been manufactured onsite (i.e. distilled
gin). Pease refer to the Building Design Plans prepared by Collins Building Designs in Appendix 2, which
illustrate the proposed layout of the premises across the three (3) tenancies.
13. The applicant sought written advice from Council in March 2020 to determine the relevant land use and
level of assessment required for the sale and consumption of food and beverages onsite, where directly
connected with the gin distillery. Council provided advice in this regard, to the extent relevant under the
former Noosa Plan 2006. A pre-lodgement meeting was subsequently undertaken with Council on 21
January 2021 to seek updated advice and determine the requirements for approval of the use, as changed
by the Noosa Plan 2020. Please refer to a copy of the Noosa Council’s Pre-lodgement Meeting Minutes
(PLM20/0046) in Appendix 3.
14. Council determined that the proposed food and beverage sales component of the gin distillery operations
constitute the establishment of a ‘Bar’ onsite, which is subject to Impact Assessment in the Medium
Impact Industry Zone. As part of the pre-lodgement advice process, Council identified that any application
for a Bar onsite would need to demonstrate that the use would not cause nuisance to surrounding
properties, largely with respect to noise and traffic. Subsequent discussions with Council officers have
confirmed that the proposed land use is supported in principal, subject to the submission of a traffic
impact assessment to justify the car parking and services outcomes, as well as a landscape design plan.
Please refer to the Car Parking Assessment prepared by Rytenskild Traffic in support of the development
proposal in Appendix 4. Further, a Landscape Plan has been prepared by Lark Landscape Architecture
and is available in Appendix 5.
15. Finally, it is understood that Council have agreed to waive the Impact Assessment application fee (and X3
multiplier) to apply the Code Assessment fee in lieu. As such, an application fee of $8,525.00 will be paid
upon receipt of a tax invoice from Council.
3.2 Proposal Overview
16. Pease refer to the Building Design Plans in Appendix 2. As identified in section 3.1 above, the proposed
Bar is intended to operate within Tenancy 1 (Lot 1 on BUP5337) of the existing building onsite. All
activities associated with the Bar will occur wholly within the building, with a Gross Floor Area (GFA) of
85m2 being dedicated to the Bar area. Further, up to 60 customers will be able to be seated within the
bar area at any given time, however, the anticipated patronage will be closer to 20 persons at any given
time. Please refer to Figure 3 below, which depicts the proposed layout for Tenancies 1-3 of the existing
building.
Our Ref: 220609 Page 8 of 20
Page 9
Figure 3 Proposed Building Layout (Source: Collins Building Design 2022)
17. As previously identified, the Bar will involve the sale of alcoholic beverages, predominately created using
the Seabourne Gin product that is manufactured onsite within the existing building. The aim of the
Seabourne Distillery is to become one of Australia’s most highly regarded gin distilleries and to be a
premier Queensland distillery. Accordingly, the distillery benchmarks themselves against notable
premium distilleries, such as Four Pillars, Never Never and Archie Rose. Distillation/manufacturing of
gin/aperitifs will occur five (5) days a week to supply Australian restaurants and bars, while also providing
stock for Australian and International wholesale businesses. The main focus of the operation will always
be distillation/manufacturing, with the weekend objective being for brand awareness by turning the
Seabourne Gin distillery into a destination for education and product sampling. This will be achieved by
supplying gin-based beverages to the cliental and educating them on the distilling process and how the
product can be used to make cocktails with varied types of gin at home.
18. The premises will allow for restaurant style seated bookings only, which will enable for a more personal
experience with current and prospective clients, as well as ensure that management can control/restrict
patron numbers. The Seabourne Distillery’s aim is to turn the venue into a destination and educational
experience, rather than a typical bar/pub. Further, the target market of the gin distillery is cliental in
search of high-end, premium spirits and a unique tasting experience.
19. The Bar will also involve a limited provision of food items for sale, as well as a small range of non-alcoholic
mixers. This will enable customers to taste the range of products manufactured onsite and undertake a
tour of the distillery premises. Overall, the Bar will operate in direct association with the Searbourne Gin
distillery and will remain subordinate to the primary Medium Impact Industry use being carried out
onsite.
20. It is intended that the Bar will operate outside the regular business hours of the gin distillery as follows:
Friday 4pm to 10pm
Saturday and Sunday noon to 10pm
21. The operation of the Bar is not anticipated to have an adverse impact upon the acoustic amenity of the
surrounding premises, on that basis that the site is located in an industrial area and is therefore not
Our Ref: 220609 Page 9 of 20
Page 10
located within proximity to sensitive uses. As detailed in section 2.2 (Surrounding Land Uses) above, the
nearest sensitive land use (Dwelling House) is approximately 250 metres from the subject site. Further,
the site is surrounded by various noise generating industrial activities.
3.3 Support for proposal
22. Please refer to the letters of support provided in Appendix 6. As demonstrated in Appendix 6, the
applicant has undertaken extensive consultation with the neighbouring landowners/tenants, as well as
the landowners/tenants of surrounding sites within proximity to the gin distillery. It is noted that a letter
of support has been provided by the owner/operator of Heads of Noosa Brewing Co. at #85 Rene Street,
which also includes a Bar use, demonstrating that the local alcohol manufacturing industry wholly
supports the proposal. Finally, a number of the letters of support provided have been offered by
members of the local community, including individuals and businesses involved in the gin distilling and/or
hospitality industry who are using the product and would like to see the premises have a facility where
the products can be tried and where information can be shared about the manufacturing process and the
design/creation of gin products on the Sunshine Coast.
3.4 Architectural Design & Built Form
23. As previously identified, the proposed Bar will be established wholly within existing Tenancy 1 of the
existing building, with the operational gin distillery component of the development being located within
Tenancies 1, 2 and 3 of the building onsite. It is noted that no dividing walls will be constructed between
the tenancies, such that the Bar activities will remain directly associated with the gin distillery and not
operated independently at any time in future.
24. The low-rise built form comprises a high-quality contemporary design, presenting to the street with a
charcoal façade and metal sheeted walls. It is not proposed to carry out any external building works
onsite, nor is it proposed to extend the existing building or increase the GFA of any the tenancies. As such,
the built form will remain in accordance with the original development permit and building approval for
the construction of the building.
3.5 Access and Parking Arrangements
25. Please refer to the Car Parking Assessment in Appendix 4, which details the proposed car parking and
service vehicle arrangements for the existing gin distillery and proposed ancillary Bar. It is noted that the
existing driveway crossover, vehicle manoeuvring areas, loading/unloading areas and car parking spaces
will be utilised for the operation of the gin distillery and bar.
26. The subject site is required to provide the following vehicle parking allowance to accommodate the Bar
and gin distillery uses within Tenancies 1-3, as well as the remaining industrial Tenancy 4, which has a
GFA of 90m2:
• 9 Car parking spaces
• 3 Motorcycle spaces
• 4 Bicycle spaces
27. The proposed development provides the following:
• 5 Car parking spaces
• 5 Motorcycle spaces
• Sufficient space onsite for a bicycle rack to accommodate 4 Bicycle spaces (Council to
condition)
Our Ref: 220609 Page 10 of 20
Page 11
28. Overall, a shortfall of four (4) car parking spaces is proposed for the site, with complying bicycle parking
and motorcycle parking able to be provided. As detailed within the Car Parking Assessment in Appendix
4, the Bar will operate outside the standard business hours of the gin distillery, such that car parking will
not be shared between manufacturing employees and the bar staff (if these functions are performed by
different people). Further, the Bar will be operational on Friday evenings and weekends only, which is
outside the regular business hours of the surrounding industrial premises. As such, the Car Parking
Assessment notes that there will be at least 35 on-street car parking spaces available within 100 metres
walking distance of the site during the operational times of the Bar, while patrons will be encouraged to
use public transport or share ride facilities to attend the site. Overall, due to the scale of the premises
and operational hours of the Bar, the proposed shortfall of car parking is appropriate.
3.6 Landscaping
29. Please refer to the Landscape Plans in Appendix 5, which demonstrate that additional deep planted
landscapes are to be provided towards the street frontage, both in front of the building and along the
southern side boundary adjoining the driveway. A minimum 2.5 metre wide landscape buffer will be
provided to the street frontage (up to 6m wide) to ensure buffering and softening of the built form in a
way that considers CPTED design principles. Further, it is proposed to provide a new street tree in the
road reserve to replace the previous tree that was required to be removed by Council due to poor health.
3.7 Waste Management
30. The proposed development seeks to utilise the bulk bins provided to the existing industrial premises.
These bins are permanently located at the rear of the site, screened from street view by the building. The
bins will continue to be serviced onsite using the existing arrangements.
Our Ref: 220609 Page 11 of 20
Page 12
4. Statutory Framework
32. Table 2 below outlines the applicable State matters, which require consideration as part of this Town
Planning Report. As such, Table 2 identifies whether the application requires referral to any Referral, or,
Advice Agencies as part of the application.
Table 2 Statutory Framework Mapping Layers
State Planning Policy Benchmark Natural Hazards Risk & Resilience
Mapping o Local government flood mapping area
Regional Plan South East Queensland Regional Plan 2017 – Urban Footprint
SARA DA Mapping o
Water Resources
o Water Resource Planning Area Boundary
Non-SARA DA Mapping Nil
Referrals Nil
4.1 State Planning Policy
33. The State Planning Policy is identified as being reflected in the Planning Scheme, which commenced in
2020 after the July 2017 version of the SPP took effect. As such, the State Planning Policy is not directly
applicable to the development of the site.
4.2 State Interests (State Assessment Referral Agency)
34. The only DA Mapping trigger relevant to the site is Water Resources - Water resource planning area
boundaries. A review of the State Assessment Referral Agency’s (SARA) DA mapping and Schedule 10 of
the Planning Regulation 2017 confirms that the application will not require referral to SARA for this, or
any other relevant State matters.
Our Ref: 220609 Page 12 of 20
Page 13
5. Local Planning Instrument – Noosa Plan 2020
35. The subject site is located within the Medium Impact Industry Zone of the Noosaville Local Plan Area.
The Development Application is subject to Impact Assessment.
36. The following Codes are relevant for assessment of this Development Application:
• Noosaville Local Plan Area Code
• Medium Impact Industry Zone Code
• Entertainment Activities Code
• Works Codes:
o Driveways and Parking Code
o Earthworks Code
o Existing Services Code
o Fire services for common private title code
o Landscaping Code
o Transport Code
o Water Quality and Drainage Code
o Waste Management Code
37. Overall, the proposed development generally complies with the Assessment Benchmarks of all relevant
codes. The pertinent issues identified throughout the assessment of the application are detailed below.
Where the below sections are silent in relation to an assessable element, the development is seen to
comply with that relevant assessment criteria and no further assessment is required.
5.1 Overlays
38. The Noosa Plan 2020 includes a number of Overlays, which recognise features and constraints within the
region. The only Overlay which impacts upon this development is the Acid Sulfate Soils Overlay. The
subject site is mapped as containing Acid Sulfate Soils (Area 2: Above 5m AHD and Below 20m AHD) and
is located at approxmaitely 13m-15m AHD. The proposal does not involve any earthworks, and will
therefore not trigger assessment against the Acid Sulfate Soils Overlay Code for excavating 100m3 or
more of material below 5 metres AHD. As such, no further assessment against the Overlay Code is ruiqred.
5.2 Noosaville Local Plan Code
39. The subject site is located within the Noosaville Local Plan Area. The proposed development complies
with the following relevant Acceptable Outcomes of the Local Plan Area Code:
• The site does not contain any relevant features on the Noosaville Framework and Character
Plan and is not within the boundaries of the Noosaville Business Centre Framework and
Character Plan (AO3.1-AO3.3), AO9, AO30;
• The site is not adjacent to a major road (AO4);
• The site does not contain character vegetation and is not within proximity to a key vegetated
backdrop or location with habitat values (AO5);
• The proposed development will not impact upon any important views or gateways (AO6.1);
• It is not proposed to alter the structure of the existing building, with only tenancy fit out works
proposed. Further, the addition of a Bar land use onsite will not involve a change to the
external streetscape appearance of the built form (AO7.1 – AO7.3, AO7.5, AO14);
• It is not proposed to remove any mature trees onsite. Further, landscaping works are proposed
to create additional planting onsite, such that landscapes will be provide between the building
and street, as well as the driveway and the adjoining site to the south (AO7.4);
Our Ref: 220609 Page 13 of 20
Page 14
• The site is noted located in the Noosaville District Centre, or any other Centre, Tourist
Accommodation Zone, Community Facilities Zone. Further, the sites does not front Thomas
Street, Mary Street, Gympie Terrace, Eenie Creek Road or Gibson Road (AO6.2, PO8, PO10,
PO11, PO13, PO14, PO16, PO28, PO29 & AO33);
• It is not proposed to carry out residential or visitor accommodation development (AO17, PO18
– PO21);
• The site is not within proximity to Noosa River (PO22 – PO27);
• The site does not contain any significant ecological features mapped on Map SFM1 or map
SFM4 (AO31 & AO32); and,
• It is not proposed to create any new lots (AO33).
40. Further to the above, the proposed addition of a Bar onsite complies with PO15 of the Code, which relates
to development in the Medium Impact Industry Zone specifically, on the following basis:
• The proposed Bar contributes to the diversification of the local economy, given that a gin
distillery with associated food and beverage provision attached is not provided in the Noosaville
locality at present. Further, the introduction of a Bar that is operational outside standard
business hours onsite, enables the efficient use of industrial land for activities that are ancillary
to manufacturing activities undertaken during the day on weekdays;
• The proposal contributes to a range and diversity of employment types, with manufacturing staff
present onsite during business hours and Bar staff present onsite during the operational hours
of the tasting area;
• The proposed Bar cannot be accommodated in a Centre Zone on the basis that it is intended to
be operated in direct association with the gin distillery business onsite, which is an industrial use
able to be located in an industrial zone only;
• The subject site is not located on Eumundi Noosa Road, Walter Hay Drive or Eenie Creek Road.
As such, the proposed development will not detract from the safe function or amenity of these
roads; and
• The proposed Bar use will not harm the environment, on the basis that it does not result in the
release of emissions from the site.
41. Overall, the proposed development complies in full with the relevant Acceptable Outcomes of the
Noosaville Local Plan Code.
5.3 Medium Impact Industry Zone Code
42. The Development Application is subject to Impact Assessment on the basis that a Bar is not considered
to be a consistent land use in the Medium Impact Industry Zone.
43. Despite a Bar not being an anticipated use in the zone, the proposal is considered appropriate on the
basis that the Bar is ancillary and subordinate to the primary distilling operations onsite, which is defined
as Medium Impact Industry by the Planning Scheme. The Bar area will be connected to the gin
distilling/product manufacturing floorspace of the premises, with no dividing walls provided between the
tenancies, such that the Bar will be operated in conjunction with the gin distillery at all times.
44. This outcome is consistent with the surrounding development, which comprises a number of breweries
with Bars attached, notably including the Heads of Noosa Brewing Co. at 85 Rene Street. It is determined
that the ‘brewery/distillery facility with Bar attached’ business model enhances the development of
Our Ref: 220609 Page 14 of 20
Page 15
creative enterprise in the region by enabling brewing and alcohol distilling companies to promote their
products and build a customer base locally, rather than relying on online sales.
45. The addition of a Bar to the onsite distillery is consistent with the purpose of the Zone on the basis that
it makes provision for ancillary food and beverage activities to support higher order industry uses on the
same site. Further, the proposed Bar does not compromise the future use of Tenancy 1 for industrial
activities, with minimal fit out and built form infrastructure required to accommodate the use within the
existing building onsite.
46. The use is consistent with the Overall Outcomes sought for the zone given the following:
• The Bar will remain ancillary to the bonafide industry use onsite and is limited in scale and extent
to not more than 85m2 (OOa & OOh);
• The proposed Bar cannot be accommodated in a Centre Zone on the basis that it is intended to
be operated in direct association with the distillery business onsite, which is an industrial use
that can only be located in an industrial zone (OOb);
• The Bar is not an incompatible use given that it is not sensitive to emissions associated with
industrial activities (OOb);
• The proposed Bar ensures the continued operation of the site for an industrial distilling activity,
given that it will greatly contribute to the financial success of the distillery by enabling the
operators to promote their product to the local residents (OOb);
• The operation of the Bar will not result in the release of emissions from the site relating to odour,
dust or any other waste. Further, the use will be conducted wholly indoors and will not impact
upon the amenity of any sensitive land uses, with the site being located at least 250 metres away
from the nearest Dwelling and being buffered by other industrial buildings (OOc);
• Being that the proposed Bar will be operated in conjunction with the distillery onsite and will at
no point in future be operated independently for an unrelated business activity, the proposal
will not compromise the function and viability of business centres in the region (OOd);
• The proposed Bar is compatible with surrounding development, given that sensitive land uses
are not located within proximity to the site and that the Bar will operate outside the standard
business hours of surrounding industrial businesses. Further, the site is located within proximity
to a range of breweries with Bars attached, which are similar to the nature and scale of the
proposed distillery Bar (OOe); and,
• It is not proposed to alter the external appearance (or size) of the existing built form onsite (OOk
- OOq).
47. Further to the above, the proposal generally complies with the Acceptable Outcomes of the Code given
that the Bar is proposed to be established within the existing lawfully constructed building onsite and it
is not proposed to alter the structure of the existing building, with only tenancy fit out works proposed.
As such, the addition of a Bar land use onsite will not involve a change to the external streetscape
appearance of the built form, nor will it impact the siting/footprint of the existing building in terms of
setbacks, site cover and building height.
48. Overall, whilst the Medium Impact Industry Zone Code does not anticipate the inclusion of a Bar as a
consistent land use in the zone, the specific operational characteristics of the use and its relationship to
the higher order industrial use onsite will ensure an appropriate outcome for the subject site. This is
determined on the basis that the use will remain ancillary and subordinate to the industrial business
onsite and will therefore not compromise the intent of the zone or result in adverse impacts for
surrounding industrial premises.
Our Ref: 220609 Page 15 of 20
Page 16
49. It is noted that the proposed alterations to the landscape areas onsite have resulted in a non-complying
outcome with respect to AO15.1 and AO15.2 of the Code. As such, landscaping compliance has been
discussed in section 5.3.1 below.
5.3.1 Acceptable Outcomes AO15.1 & AO15.2 – Landscaping
50. Acceptable Outcome AO15.1 of the Zone Code requires that 15% (151m2) of the site be landscaped and
a minimum of 60% of this (90m2) is located forward of the building line. Further, AO15.2 requires that a
6 metre wide front landscape buffer be provided between the building and the street. The proposal seeks
to provide deep planted garden beds at the front of the site and enhance the existing landscaping located
on the site for the existing industrial building, resulting in approximately 80m2 of the site area being
landscaped. Further, the landscaped garden bed between the building and the street has widths ranging
between 2.5 metres and 6 metres. As such, compliance with AO15.1 and AO15.2 is not achieved.
51. The proposal instead complies with PO15 of the Zone Code on the following basis:
• The current frontage outcome includes turf only and no deep planting. As such, the proposal will
be an improvement of the existing situation to enhance the visual amenity of the existing
streetscape;
• The front garden beds provided allow for planting in mulched areas adjacent to the building
entrances, along the street frontage and around the car parking/driveway areas;
• The frontage landscaping will include both trees and shrubs to provide screening and shading
effects;
• Whilst the external appearance of the built form is not proposed to be altered to establish the
proposed Bar, the frontage landscapes will reduce the impact of the current building bulk; and,
• Due to the topography of the site, the existing building is located at a lower level to the street in
the north-western section of the site. As such, the shrub and tree planting within the front
garden bed will be appropriate to the scale of the building and largely screen its appearance
from the street.
52. Overall, the proposed landscaping extents and width of buffers to the street will result in a positive
outcome for the streetscape amenity of the site and will ensure an improvement to the current situation.
5.4 Entertainment Activities Code
53. The proposed Bar is assessed against the Entertainment Activities Code, being the applicable use Code
under the Planning Scheme. It is noted that the proposed Bar will primarily be utilised for the sale and
consumption of gin related alcohol beverages, with a small-scale food provision component.
54. The proposed Bar generally complies with the provisions of the Entertainment Activities Code, with the
use intended to be located on a site that is not within proximity to sensitive receivers and will not cause
nuisance to adjoining premises. Overall, the proposal complies with the following Acceptable Outcomes
of the Entertainment Activities Code:
• The proposed entertainment activity (Bar) is appropriately located in the Medium Impact
Industry Zone on the basis that the Bar will not exceed 85m2 and will be small in scale/intensity,
and therefore operate ancillary and subordinate to the primary use onsite for a distillery (PO1 &
PO2);
• The proposed Bar is appropriately located in an industrial zone, such that it will not have an
adverse impact upon surrounding uses, with the majority of businesses surrounding the site
being closed during the operating hours of the Bar. Further, the site is buffered from sensitive
land uses approximately 250 metres from the site (PO1 & PO2);
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• The proposed Bar will contribute to the local alcohol production economy by allowing the
Seabourne Gin distilling company to promote their product in the Noosa Region. Further, the
Bar will enhance the vibrancy of the area in which it is located, which is predominantly
abandoned during evening times, with the exception of the Heads of Noosa Brewing Co. at #85
Rene Street around the corner from the subject site (PO3);
• The Bar is proposed to be established within the existing lawfully constructed building onsite
and it is not proposed to alter the structure of the existing building, with only tenancy fit out
works proposed. As such, the addition of a Bar land use onsite will not involve a change to the
external streetscape appearance of the built form, nor will it impact the siting/footprint of the
existing building in terms of setbacks, site cover and building height;
• All areas associated with the Bar, including the car parking areas, building entrances and
restrooms with be signed and well lit to ensure safe access for all users (PO5);
• Outdoor dining is not proposed (AO6-AO8);
• The windows of the Bar are positioned to overlook car parking areas, the street and the site
access (AO8);
• It is determined that an operational management plan is not needed for the proposed Bar given
that the use will involve seated food and drink consumption for a maximum of 60 people only,
with the premises operating no later than 10pm. It is noted that the proposed Bar will not have
an adverse impact upon the amenity of the area given that the use will operate outside the
standard business hours of adjoining premises and the site is not located within proximity to
residential premises (PO11);
• The site is located within and adjoins Medium Impact Industry Zoned land (AO12.1 – 12.5 &
AO14.1 - AO14.3); and,
• Given that only low-level amplified music (including live music on occasion) will be played onsite
for background noise purposes, noise attenuation measures are not proposed to be provided
onsite (AO13).
55. In summary, the proposal complies in full with the Acceptable Outcomes of the Entertainment Activities
Code and no further against the Code is required.
5.5 Driveways and Parking Code
56. Please refer to the Car Parking Assessment in Appendix 4, which details the proposed access, parking and
servicing arrangements for the existing distillery and proposed ancillary Bar. The proposal generally
complies with the Code as the site comprises existing access and vehicle manoeuvring areas, which were
delivered in accordance with the relevant standards at the time of construction. Further, the existing
driveway comprises ample space at the rear of the building to accommodate service vehicle turnaround.
The subject site also accommodates an excess of motorcycle bays and sufficient space for a bicycle rack
to be provided to ensure compliant bicycle parking onsite.
57. As detailed in section 3.4 (Access and Parking Arrangements) of this report above, a total of seven (7) car
parking spaces are required to be provided for the Bar and distillery, with a further two (2) required to
be retained for Tenancy 4, which has a GFA of 90m2. The proposed development instead provides five (5)
car parking spaces. As such, a shortfall of four (4) car parks is proposed, which does not comply with
AO6.1 of the Code.
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58. The proposed car parking provision should be supported based on the operational characteristics of the
uses currently operating onsite and within proximity to the site, as well as the scale and intensity of the
proposed Bar. Overall, the proposed car parking shortfall is appropriate when considering the following:
• As discussed in section 2.2 (Surrounding Land Uses) of this report above, Tenancy 4 is presently
utilised for long-term storage purposes. The use of Tenancy 4 therefore does not involve any
employees or customers attending the site at any time. The owner of the tenancy visits the site
from time to time, however, does not require regular access to the building. As such, Tenancy 4
does not utilise any of the car parking provision onsite;
• As detailed within the Car Parking Assessment in Appendix 4, given the nature of the use being
for alcohol consumption, it is less likely that patrons will drive to the premises individually, if at
all;
• The Bar will operate outside the standard business hours of the distillery, such that car parking
will not be shared between manufacturing employees and the bar staff (if functions are
performed by different people);
• The Bar will be operational outside the regular business hours of the surrounding industrial
premises, making at least 35 on-street car parking spaces available for patrons to the Bar within
100 metres walking distance from the site; and,
• An excess of motorcycle bays is provided to accommodate this mode of transport in lieu of
additional car parking spaces.
59. Overall, the proposal complies with PO6 of the Code on the basis that sufficient parking is provided, when
considering the specifics of the use, with regard to the hours of operation compared to the distillery and
surrounding premises, the likely number of users being not more than 20 on a typical evening, the small
scale of the premises and the availability of on-street spaces outside industrial use business hours.
5.6 Transport Code
60. It is noted that the proposed development is not of a scale, which might impact upon the surrounding
traffic network. Further, it is not necessary to construct any new roads to facilitate the delivery of the
proposed development. Overall, no areas of non-compliance were identified when assessing the proposal
against this Code.
5.7 Landscaping Code
61. Please refer to the Landscape Plans in Appendix 5. It is noted that, due to the presence of existing
hardstand and built form onsite, the extent of new planting achievable is minimal. Overall, the existing
site and proposed new planting areas generally comply with the Landscape Code on the following basis:
• The proposed development will dedicate approximately 80m2 of the site to onsite landscapes,
which will enhance amenity onsite and soften the overall development when viewed from the
street. These deep planted garden beds will be designed and planted in accordance with the
Planning Scheme Policy for landscaping;
• Landscaping has been provided along the southern side boundary to buffer the driveway from
the adjoining site;
• With the access being unchanged by the proposal, it is proposed to plant a new street tree within
the verge to replace the existing street tree, which was required to be removed by Council due
to poor health;
• The frontage of the site will be provided with a densely planted landscape strip with a minimum
width of 2.5 metres (up to 6m wide) to soften the existing built form;
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• Where possible, new planting will be designed to be functional, durable and minimise the
consumption of energy and water;
• Where possible, new planting will incorporate local native plant species that align with the
character of the area and landscape materials;
• The landscaped areas will not have an adverse impact upon the personal safety and security of
patrons to the Bar, or any onsite employees (CPTED); and,
• The proposed landscaping will be designed to be practical and low maintenance, with ongoing
management considered as an integral part of the overall landscape design.
5.8 Waste Management Code
62. The proposed Bar land use seeks to utilise the bulk bins, with recycling and general waste separation,
that have been provided to the existing industrial premises. These bins are permanently located at the
rear of the site, screened from street view by the existing building. The bins will continue to be serviced
onsite within the driveway, as per the existing arrangements. As such, the proposal suitably complies
with the Waste Management Code, which utilises the waste storage and collection arrangements in place
as part of the lawfully established industrial use onsite.
5.9 Earthworks Code
63. Earthworks are not required to establish the use, with no building work proposed. As such, no areas of
non-compliance were identified when assessing the proposed development against this Code.
5.10 Existing Services Code (stormwater)
The subject site contains underground stormwater infrastructure adjacent to the rear boundary of the
lot. No areas of non-compliance were identified when assessing the proposed development against this
Code, given that the proposal does not involve any new building work, including the creation of new
hardstand area.
5.11 Fire services for common private title code
64. The existing industrial premises was certified and constructed in accordance with the relevant building
Code requirements for fire safety. As such, no areas of non-compliance were identified when assessing
the proposed development against this Code.
5.12 Water Quality and Drainage Code
65. The proposal does not seek to carry out any new building work onsite or create any new hardstand areas,
which might affect the direction of flow or quantity/quality of stormwater exiting the site. As such, the
existing stormwater management solution established as part of the industrial development onsite will
remain unchanged. As such, the proposal does not create any non-compliances against the Acceptable
Outcomes of the Water Quality and Drainage Code.
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6. Conclusion and Recommendations
66. This planning report demonstrates that approval of the proposed Development Permit for a Material
Change of Use to establish a Bar within Tenancy 1 (Lot 1 on BUP5337) at 9 Rene Street, Noosaville is
warranted, subject to reasonable and relevant conditions on the following basis:
Whilst bar is not specifically identified as being a consistent land use in the Medium
Impact Industry Zone, the Bar will operate in direct association with the Searbourne Gin
distillery and will remain subordinate to the primary Medium Impact Industry use
operating onsite. As such, the proposal generally complies with the Overall Outcomes of
the Zone Code and will not compromise the overriding function or intent of the zone;
The proposal complies with the Acceptable Outcomes of the Noosaville Local Plan Code
and Entertainment Activities Code, with no performance solutions sought;
The operation of the Bar is not anticipated to have an adverse impact upon the acoustic
amenity of the surrounding premises, on that basis that the site is located in an industrial
area and is therefore not located within proximity to sensitive uses;
The proposal generally complies with the Acceptable Outcomes of the applicable use
Codes, with any departures from the Codes justified against the corresponding
performance solutions; and,
It is not proposed to carry out any external building works onsite, nor is it proposed to
extend the existing building or increase the GFA of any tenancies. As such, the proposal
will not alter the existing streetscape appearance of the built form.
67. On the basis of the assessment contained within this report, it is requested that Council favourably
consider the development proposal subject to reasonable and relevant conditions.
ADAMS + SPARKES
TOWN PLANNING
Cameron Adams Aspen Dunn
MANAGING DIRECTOR TOWN PLANNER
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