2017-12-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                            12 DECEMBER 2017




                      No. 101



                       No. 105




                                      Figure 2 – Zoning Plan

The site currently enjoys existing use rights for various uses including a hardware store, tyre &
wheel alignment service, cabinet maker, office and associated storage. Without obtaining further
approval, any of these uses can lawfully operate from the existing 454m 2 building. The proposed
462m2 outdoor display area however does not form part of the existing use rights over the land.
The application seeks approval for a Retail Business Type 6 (Hardware) & 7 (Garden & Lifestyle
Centre) both of which are recognised as inconsistent uses within the Attached Housing zone.
The applicant acknowledges lawful use rights exist for a hardware store, however has re-applied
for the use for purposes of consistency with the current definition under The Noosa Plan.
Although approved under a different Planning Scheme, the proposed Hardware use raises
minimal concern as it is considered the likely impacts are expected to be the same. Both uses
are comparably defined under the superseded Scheme of 1973 and The Noosa Plan and
therefore are unlikely to give rise to new or additional impacts.
Retrospective approval is sought for the pool shop use (Garden & Lifestyle Centre) which has
been operating in breach for a number of years. The proposed 462m2 outdoor display area is
intended to compliment the Garden & Lifestyle Centre use.
The applicant suggests the proposed use characterises the existing pool shop which has
historically sold pools, spas, garden ornaments, outside furniture and other bulky goods intended
for the home and garden. Based on Council records, the pool shop and associated outdoor
display area operated since at least 1993. It is further noted, Council have not received any
complaints regarding the pool shop use and associated display since its original commencement.
Pursuant to The Noosa Plan’s definition, a Garden & Lifestyle Centre may include an ancillary
coffee shop which does raise some concern with regards to potential noise impacts to adjoining
residential uses. To ensure an ancillary coffee shop remains incidental and subordinate to the

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