Delegated Report - Code - Planning MCU22 0097

Author	Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No.	MCU22/0097
Applicant	Pomona Distilling Co.
Proposal	Material Change of Use - Food and drink outlet
Properly Made Date	17 June 2022
Information Request Date	1 July 2022
Information Response Date	11 November 2022
Further Advice Request Response	1 December 2022 6 December 2022
Decision Due Date	23 December 2022
Report Completed Date	23.12.2022
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	14-16 Reserve St Pomona Qld 4568
RP Description	Lot 2 SP 115871
Land Area	1,784 m²
Existing Use of Land	Shops, Food and Drink Outlet

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Local Centre
Precinct	Not Applicable
Local Plan Area	Hinterland Communities
Overlays	Nil
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Food and drink outlet. The proposed development is for the purpose of a ‘smoke house’ restaurant and outdoor dining.
The subject premises adjoins the Pomona Distillery. Patrons of the proposed and adjoining premises will have the ability to walk between the two businesses, however, will operate independently.
The building will be located behind the existing tenancies with footpath frontage to Reserve Street and is to be orientated towards the existing car parking area.
The Kitchen/Smoke House areas will be an open planned area used for the preparation and display of food. The outlet is proposed to be built of timber material with a pitch roof typical of a Queenslander Home, in character with the Pomona hinterland. There will be a clear pedestrian link from the main street through the carpark to the Smoke House.
The building will have a total gross floor area of 129m2, 45m2 deck and approximately 10.4m2 for outdoor/garden seating. The building will have a maximum height of approximately 4.2m above natural ground level. The area of green shown at the rear of the lot relates to a leasing arrangement between the current owner of the land and the applicant, not relating to the development application.
The applicant seeks to formalise car parking arrangements, providing a total of 20 spaces (including existing tenancies parking allocations).
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor PlanFigure 4 – Elevations
Figure 5 – Elevations

site details
Background, Site Description & Surrounding Land Uses
The subject site is 1,782m2 in size and consists of four (4) tenancies. The current car parking arrangement is shared between the tenancies at the rear of the site which is an unmarked parking arrangement.
There is a shared access easement over the subject site and the adjoining northern premises for Lot 1 RP43091 to gain access to the rear of the site.
A portion of the site is currently green space and has several large trees along the southern and eastern boundaries.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Local Centre Zone Code;
Hinterland Communities Local Plan Code;
Business Activities Code;
Works Codes.
The subject site is located in Pomona and is zoned Local Centre Zone. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Site Area	1782.47m2
Building height storeys metres	2 storeys max 8/9 metres	1 storeys 4.2 metres	
Plot ratio	1:1 max.	<1782m²	
Boundary setbacks Frontage Side Side Rear	0.0 metres	13.5 metres 18.5 metres 0.45 metres 21.6 metres	
Landscaped open space Soft landscaping Landscaping Setbacks	10% = 178.24 m² Frontage— 0.0 m Side/rear —3 m width along all boundaries that adjoin land in a residential zone	>178.24m²	
Carparking Motorbikes Bicycle	20 spaces 4 spaces	20 spaces 2 bikes 6 spaces	

Local Centre Zone Code – Landscaping

AO29.1 Entries, outdoor spaces and outdoor dining areas are treated with hard and soft landscaping features.
Business Activities Code - Design of commercial and retail spaces

PO10 Landscaping softens building bulk and creates a casual, pleasant setting for site users and the broader community by:
adopting landscape solutions that reduce the visual impact of building bulk;
providing canopy trees and ancillary shade structures;
using shrubs and garden beds to clearly define public spaces and pedestrian walkways;
providing areas for public art, where appropriate;
providing outdoor areas with seating;
using screen planting to conceal service and loading areas;
making provision for outdoor dining areas where appropriate, that integrate well within the streetscape;
providing adequate screening along the perimeters of the development;
avoiding the use of formal planting design for frontage works; and
providing planting design and species selection that can endure an intensively used environment.

The applicant has provided a conceptual landscaping plan. A detailed plan is to be provided prior to the commencement of operational works for approval and review. The development will be conditioned for a combination of hard and soft landscaping features to be incorporated into the development.

Canopy trees are to be provided and detailed on the revised plan to form the predominant shading of the outdoor dining area. Mature trees are to be retained onsite, appropriate screening along perimeters of the development is to be shown a detailed Landscaping plan.

The development will be conditioned to comply with the above-mentioned Acceptable outcomes.

Driveways and Parking Code - Parking Demand

AO6.1 The number of car parking spaces, motor cycle spaces, bicycle spaces and loading bays is not less than the minimum number specified in Table 9.4.1.4 Minimum parking requirements including end of trip facilities.

AO6.2 Where appropriate, motorcycle spaces can be provided on site in lieu of required car parking spaces, excluding industry activities, at the following rates:
2 motorcycle spaces provided for 0.5 car parking space; or
4 motorcycles spaces provided per 1 car parking space; and
up to a maximum of 4 car parking spaces.
AO6.3 Secure and convenient parking spaces for bicycles are designed and provided on site in accordance with—
AS2890.3 Bicycle Parking Facilities; and
Cycling aspects of Austroads Guides (AP-G88-14).
AO6.4 Bicycle spaces and end of trip facilities need to be accessible to all users.

The combined use area and outdoor business area for the new development is 175.5m2 and incurs 9 car parking spaces with the existing commercial tenancies having a total use area of 223.36m2, which incurs 12 car parking spaces. The entire multi-tenanted development accumulatively incurs a parking demand of 20 car parking spaces.

The existing informal parking arrangement is to be line marked to clearly mark 20 car spaces, 2 motorbike spaces, and the proposed bicycle spaces. The proposed development and existing buildings on the site comply with carparking requirements.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Waste – at Information Request stage.
Environmental Health – at Information Request stage.
Development Engineer - The proposed development includes the construction of a Food & Drink outlet. The new Food & Drink outlet is served by a shared carpark that other tenancies utilise, which are owned by a single owner. Engineering recognise that the proposed development will create an increase in carparking demand and believe that the existing carpark requires restorative works, particularly about the shared access easement with Lot 12 Reserve Street, to cater for this increase. These restorative works will require owners’ consent (Lot 12 Reserve Street) and will be administered through an Operational Works application. An increase in stormwater runoff is not a concern due to the existing stormwater pit located in the carpark. Engineering believe that relevant compliances can be achieved and recommend the following conditions.
Engineering recognise that a minor drafting error exists in the numbering of RECOR’s Civil Set.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0097 for a Material Change of Use - Food and drink outlet situated at 14-16 Reserve St Pomona Qld 4568 and described as Lot 2 SP 115871, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0097
Street address:	14-16 Reserve St Pomona Qld 4568
Real property description:	Lot 2 SP 115871
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Food and drink outlet
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
1.2	-	Site Plan, prepared by Walk Studio (annotated by Council)	27 October 2022
1.3	-	Ground Floor, prepared by Walk Studio	27 October 2022
1.4	-	Roof Main, prepared by Walk Studio	27 October 2022
4.1	-	Elevation, prepared by Walk Studio	27 October 2022
4.2	-	Elevation, prepared by Walk Studio	27 October 2022
6.1	-	Section A, prepared by Walk Studio	27 October 2022
6.2	-	Section 1, prepared by Walk Studio	27 October 2022
7.1	-	Landscaping Plan, prepared by Walk Studio (as annotated by Council)	27 October 2022
Nature and Extent of Approved Use
The approved use is to operate within the confines of the use definition of Food and Drink Outlet as defined by the Noosa Plan 2020, and the conditions contained within this decision notice.
The approved use must not operate outside the hours of:
6am to 10pm Monday to Thursday
6am to 12pm Friday and Saturday
9am to 10pm Sunday or any public holiday
The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
The outdoor dining area must not exceed 130m2, with the area shown at the rear of the site as ‘soft landscapes’  not to be used for outdoor dining or a use area associated with the Food and Drink Outlet, unless otherwise approved by Council.
Amplified live music ceases to operate in outdoor space by 7:00pm seven days per week.
Currency Period
This development approval lapses if the use has not happened by 3 January 2029, unless an application to extend the currency period is approved by Council.
Lighting
Lighting of appropriate intensities is provided which satisfies the requirements of Australian Standard AS1158: Public Lighting Code, unless otherwise specified in this Code.
Lighting is directed onto the site and away from neighbouring properties.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Landscaping Works
The development site must be landscaped. A detailed Landscaping Plan is to be prepared by a suitably qualified person and provided for approval to the Manager Development Assessment prior to the commencement of Operational Works. The below items are to be incorporated into the Landscaping Plan:
All species are to be consistent with Noosa Plan, Planning Scheme Policy PSP2 – Landscaping for that specific area;
Provision of at least 1 x 45 litre pot size tree within the outdoor dining area to allow for a large tree canopy to form the predominant shading of the outdoor dining area;
Artificial grass is not to be incorporated into the landscaping in the development and is to be removed.
A minimum of 6 canopy trees (a minimum of 45 litres pot size), treated with porous surface are to be provided within the car parking area.
Existing vegetation on the site is to be retained.
Site Specific Conditions
The surface of the existing access handle and internal carpark must be upgraded to ensure the carpark remains functional throughout the lifespan of the development. The works must be undertaken in accordance with an Operational Works approval, be generally in accordance with RECOR’s Roads Layout Plan (20220213-001) dated 21 October 2022, and must include in particular:
pavement patching; and
crack sealing.
The property owner(s) is(are) wholly responsible for the ongoing maintenance of the access handle and internal carpark and must ensure the access handle and internal carpark maintains in their ‘as-constructed’ conditions.
Car Parking
A minimum of 20 car parking spaces must be provided and marked on the site, and made available and readily accessible while the respective uses are open for business. 12 of the spaces are to be dedicated to the Food and Drink Outlet for use during hours of operation.
The works must be undertaken in accordance with an Operational Works approval, be generally in accordance with Walk Studio’s Site Plan (1.2) dated 27 October 2022, and must include in particular
pedestrian routes in accordance with the conditions of this Decision Notice;
disabled parking space/s within the total in accordance with Australia Standard for Parking Facilities;
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities;
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval, be generally in accordance with Walk Studio’s Site Plan (1.2) dated 27 October 2022, and must include in particular:
pedestrian pathways between the proposed car parking area and the building/s.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with RECOR’s Drainage Layout Plan (20220213-001) dated 21 October 2022.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Food Business Licences
Applications for food business licences under the Food Act 2006 are to be submitted to Council prior to the commencement and construction of the Food and Drink Outlet. Applications for Design Approval and Approval to Operate (including applications for licences under the Food Act 2006) are to be submitted to and approved by Council for the food premises, prior to the issue of a Development Permit for Building Work.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Qualified Person
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Road work, Stormwater, Drainage work, Earthworks, Landscaping.
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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Appendix B - Site Photographs

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