Extension to Decision Period by Agreement MCU16 0084.04 · MCU16/0084.04

MCU16/0084.04 - DEVELOPMENT APPLICATION FOR a minor change to a MATERIAL CHANGE OF USE OF PREMISES FOR A SERVICE STATION, CONVENIENCE SHOP & FOOD OUTLET AT 140-142 EUMUNDI NOOSA ROAD, NOOSAVILLE
Document information

Document information

Author	Development Planner, Tara Norley
Environment and Sustainable Development

Index	ECM/Application/MCU160084.04

Attachments	Proposal Plans

APPLICATION DETAILS
Application No.	MCU16/0084.04
Development Approval	Development Permit for Material Change of Use of Premises - Retail Business Type 5 - Vehicle uses, Retail Business Type 2 - Shop and Entertainment & Dining Business - Type 1 - Food & Beverages
Applicant	Denmac Nominees Pty Ltd
Request Received On	1 May 2020

PROPERTY DETAILS
Property Address	140-142 Eumundi Noosa Road, Noosaville
RP Description	Lot 2 on RP173876
Land Area	2,428m²
Existing Use of Land	Service station (Shell), convenience store and bakery

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural hazards Overlay – Low Potential Acid Sulfate Soils
Assessment Type	Minor Change to Development Approval
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 9 June 2020 regarding Application No. MCU16/0084.04 to make a minor change to an existing approval for a Material Change of Use of Premises - Retail Business Type 5 - Vehicle uses, Retail Business Type 2 – Shop, and Entertainment & Dining Business - Type 1 - Food & Beverages situated at 140-142 Eumundi Noosa Road, Noosaville and:
A.	Approve the change.
B.	Amend conditions 2 and 4 to read as follows:
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
DA02	10	Site Location Plan, prepared by Thomson Adsett	15/12/2016
DA03	7	Elevations 01, prepared by Thomson Adsett	19/09/2016
DA04	6	Elevations 02, prepared by Thomson Adsett	19/09/2016
LP-01	B	Landscape Concept Plan, prepared by Urbis as annotated by Council	24.08.2016
DD100	BA01	Site Plan	07.11.19
DD201	DD02	Ground Floor Plan - Proposed	07.11.19
DD300	DD02	Elevations	07.11.19
DD301	DD01	Elevations	07.11.19
The approved Use Area of the Entertainment and Dining Business is 107.13m².
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval to change to an existing development approval for a Material Change of Use of Premises for a Retail Business Type 5 - Vehicle uses, Retail Business Type 2 – Shop, and Entertainment & Dining Business - Type 1 - Food & beverages, approved on 10 January 2017. The applicant is seeking an increase of 17.13m2 to the current use area approved for Entertainment & Dining Business - Type 1 - Food & Beverages, trading as Ricks Bakery.
The application material states:
The proposed extension will support additional preparation benches to make Ricks renowned pies. At present the business has four (4) staff working on one (1) bench preparing and making pies, breads and pastries. The proposed 17.3m2 extension will allow for a more efficient working environment, allowing the pies, breads and pastries to be prepared and made with the same staff numbers but on separate benches. The extension is strictly an extension of the kitchen space which is currently constrained.
Locality and proposal plans are provided below:

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Proposal Plan

Figure 4 – Concept Drawing
background
A development approval for Retail Business Type 5 – Vehicle uses, Retail Business Type 2 – Shop, and Entertainment & Dining Business – Type 1 – Food & Beverages was issued on 12 January 2017. An Entertainment & Dining Business - Type 1 - Food & Beverages use is an impact inconsistent use within the Industry Zone under the Noosa Plan. The original application was approved, despite conflicting with the planning scheme, as the food outlet was replacing an existing lunch bar located on the site, and it was considered the food outlet would continue to service surrounding workers and the travelling public without negatively impacting on surrounding uses.
Subsequent changes have been approved to the original approval, including:
A Generally in Accordance letter was issued on 15 March 2017 approving a minor alteration to the roof design (slope) of the main building (MCU16/0084.01);
A Permissible Change to the development approval was approved on 5 May 2017, deleting conditions relating to stormwater treatment and targets which were incorrectly conditioned (MCU16/0084.02); and
A Minor Change to the development approval was approved on 24 October 2017, deleting a condition relating to the design of the canopy over the fuel dispensing area (MCU16/0084.03).
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosaville Locality Code;
Business Uses Code;
Engineering Works Codes.
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the addition of 17.13m2 to the rear of the building within an existing roofed void area would not dramatically change the built form in terms of scale, bulk and appearance;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The subject site is located within the Industry Zone. An Entertainment & Dining Business - Type 1 - Food & Beverages use is an impact inconsistent use within this zone under the Noosa Plan.
Condition 2 and Condition 4
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
DA02	10	Site Location Plan, prepared by Thomson Adsett	15/12/2016
DA03	7	Elevations 01, prepared by Thomson Adsett	19/09/2016
DA04	6	Elevations 02, prepared by Thomson Adsett	19/09/2016
LP-01	B	Landscape Concept Plan, prepared by Urbis as annotated by Council	24.08.2016
The approved Use Area of the Entertainment and Dining Business is 90m².
Applicant’s Request
The applicant is requesting to change the existing approval, stating:
The minor change proposes a material increase of 17.13m2 GFA to the current floor area approved for Entertainment & Dining Business - Type 1 - Food & Beverages, trading as Ricks Bakery. The extension is proposed at the rear of the current tenancy for additional back of house preparation area for the bakery. No further changes to the current layout are proposed as a result of this extension.
The applicant provided the following commentary in regards to the operation of the business:
‘…they do not wholesale, nor do they intend to. They don’t expect production to increase due to the small increase in floor area, it literally just allows them to spread out more as they are currently working on-top of each other. Increase in production is inevitable depending on the time of year and external factors but that occurs for their business anyway, no different to how it has operated since they were established.’
Changing the existing approval to allow for the additional use area would require a change to Conditions 2 and 4.
Assessment of Request
Built Form and Use
The subject site is located within the Industry Zone. An Entertainment & Dining Business - Type 1 - Food & Beverages use is an impact inconsistent use within this zone under the Noosa Plan. An Entertainment & Dining Business - Type 1 - Food & Beverages use is generally more appropriately accommodated in commercial zones (eg. Neighbourhood Centre, Business Centre, Visitor Mixed Use etc), however the original development was approved as the food outlet was replacing an existing lunch bar located on the site, and it was considered the food outlet would continue to service surrounding workers and the travelling public without negatively impacting on surrounding uses.
The proposed extension is located within an existing roofed void area to the rear of the property and as such won’t be visible from the front of the building, complies with setback and height requirements and won’t increase the existing footprint of the building (refer to Figure 5). The built form of the proposal does not raise any concerns.

Figure 5: Extension to be located to rear of building
The existing tenant, Rick’s Bakery, has been operating on the site since 2017. The bakery trades in retail sales only and does not produce wholesale goods. The applicant does not propose the extension to allow for sufficient room to increase production, rather for the purposes of providing a more efficient work space for the ‘back of house’ area of the bakery for existing operations. As such, the proposal is relatively minor and is unlikely to adversely affect other food outlets or industrial uses within the nearby industrial area and retail centre,.
It is noted that any future increase in use area for the purposes of increasing production for retail sales would not be supported by Planning Officers. Should the existing tenant require additional space in the future in order to increase retail production, it is considered the use would be more appropriately relocated to a commercial zone.
Car Parking
The original development application and approval provided the required number of carparks for the uses on site, which included nine spaces for the Entertainment & Dining Business - Type 1 - Food & Beverages component of the development. The minor change application does not trigger the requirement for additional carparking under the planning scheme, as the Driveways and Carparking Code excludes kitchen and food storage areas in the carparking calculation.
draft planning scheme
The subject site is located within the Medium Impact Industry Zone under The New Noosa Plan. Development within the Medium Impact Industry Zone is proposed to provide for medium impact industry and other uses and activities that support industry activities and do not compromise the future use of premises for industry activities. The zone aims to avoid the development of incompatible uses, or uses which are more appropriately located in other zones in order to protect land for industry activities
A food and drink outlet in excess of 60m2 in this zone is impact and inconsistent under the draft scheme. The draft scheme encourages food and drink outlets only where directly ancillary to and associated with a bondafide industry use on the site, whilst ‘complementary’ food and drink outlets (ie standalone businesses not trading in goods produced onsite) are not supported in the Medium Industry Zone. In addition, Service Stations are also impact and inconsistent under the draft scheme, and as such, the original development application would likely not have been supported under the draft scheme, and as such, the minor change application would also not likely be supported under the draft scheme.
cONSULTATION
Referral Agencies
Not applicable.
Other Referrals
Not applicable.
conclusion & reasons for decision
The minor change to increase the use area of the premise is proposed to allow a more efficient workspace for existing employees and the applicant does not intend to increase production for retail sales. As such, despite conflicting with the requirements of the planning scheme in regards to uses within the  Industry Zone, the proposal is considered relatively minor and is not anticipated to adversely affect other food outlets within the nearby industrial area and retail centre, and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services		Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service		Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	9 June 2020

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