PLANNING & ENVIRONMENT COURT APPEAL NO. D44 of 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR FOOD AND DRINK OUTLET AND SHORT-TERM ACCOMMODATION AT 203 - 207 GYMPIE TERRACE, NOOSAVILLE · ATTACHMENT 3 - (MCU24/0074) - PLANNER'S REPORT 17 MARCH 2025

               GENERAL COMMITTEE MEETING REPORT                                                      17 MARCH 2025


                   e) From a side boundary where adjoining a mixed use building:
                            I. 0 metres up to 7.5 metres height; and
                           II. 2 metres plus 500 milimetres for every 3 metres or part thereof above 7.5 metres
                               height.
                   f)   From a side boundary where not adjoining a mixed use building:
                            I. 1.5 metres setback up to 4.5 metres height;
                           II. 2 metres setback between 4.5 metres - 7.5 metres height; and
                          III. 2 metres plus 500 milimetres for every 3 metres or part thereof above 7.5 metres
                               height.
               Development fronting all street frontages is required to be setback 6 metres at ground and first
               floor and 8 metres at the second floor. The proposed development does not comply with these
               acceptable outcome setbacks and therefore falls to PO13 for performance assessment.
               PO13
               Buildings and other structures are designed and sited to:
                   a) provide a high level of amenity to users of the subject site and adjoining premises,
                      including provision of visual and acoustic privacy;
                   b) not unreasonably obstruct views or cause overlooking of private open space or habitable
                      areas of adjoining premises;
                   c) provide adequate distance from adjoining land uses;
                   d) preserve existing vegetation that will help buffer development;
                   e) allow for space and landscaping to be provided between buildings including adequate area
                      at ground level for landscaping with trees, shrubs, outdoor living and utilities;
                   f)   be consistent with the predominant character of the surrounding area, maintaining the
                        visual continuity and pattern of buildings and landscape elements within the street; and
                   g) protect the natural character and avoid adverse impacts on ecologically important
                      areas such as the beach, Noosa River, national parks and other parklands.
               Assessment
               The design has been amended on several occasions to ensure that building setbacks to Thomas
               Street and Gympie Terrace reflect the development outcomes anticipated under both the Tourist
               accommodation zone code and Noosaville local plan code. The following information highlights the
               proposed building setbacks for both street frontages.
               Thomas Street setbacks
               At ground-level the proposed design incorporates a 3.5 to 9 metre setback range to the glazing
               line of the Food and Drink outlets increasing to 5 – 6 metres at the first floor to the contained planter
               and minimum 6 metres to the second floor. Therefore for this frontage the ground level and first
               floor do not comply with the minimum setback of 6 metres stipulated in the acceptable outcome.
               The Noosaville Framework and Character plan shows Thomas Street as a ‘key view’, looking north
               to the Noosa River. The proposed Thomas Street corner involving Tenancies 2 and 3 achieve the
               required 6 metres to ensure that the building bulk at the corner enables a compliant setback
               towards the foreshore when approaching the Thomas Street corner from the south.
               Gympie Terrace setback
               At ground level the proposed design incorporates a 10 metre setback to the glazing line and at 5
               metre setback to the first floor (contained planter) and increasing to 6 metres at the second floor

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Document Set ID: 23659553
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Version: 1,
         20,Version
             VersionDate:
                     Date:27/03/2025
                           12/03/2025