20230926_36-38 Duke St_Information_Request_Response (MCU23-0070)

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        Commercial – total front of house – 80m2
        Commercial – back of house (kitchen and storage areas) – 55.3m2
        Shared public toilets – 22.7m2

The Driveways and parking code’s car parking requirements for a Food and drink outlet are provided below:

    Food and drink
         a) one space per 20m² of use area and outdoor business area, excluding kitchen and food storage areas; and
         b) if including a drive-through, queuing room for 10 vehicles

    Editor’s Note— an outdoor business area within the road reserve is not included in the car parking calculation.
    However, the use of the road reserve requires a separate written approval from Council.

It is clear from the above definition that the back of house areas (kitchen and food storage areas) of the commercial
tenancies are excluded from car parking requirements.

The term ‘use area’ is defined in Schedule 1 of the Noosa Plan 2020 and is reproduced below:

    Use area
    Use area means the sum of the area of the premises (exclusive of all walls and columns),
    including all storeys, used or intended for use for a particular purpose. The term excludes—
          the areas (inclusive of all walls and columns) of any lift rooms, motor rooms, air
            conditioning or other mechanical or electrical plant or equipment rooms located at any topmost storey;
          the areas of any staircases or lifts wells;
          the areas of any common foyer or arcade;
          the areas of any public toilets; and
          the areas used for the access, parking and associated manoeuvring of motor vehicles.

As noted in the above definition, public toilets are excluded from “use area” and therefore excluded from the carparking
calculations.


Public toilets are not defined under the planning scheme or the Planning Regulations 2017. However, the Planning
Regulations define a commercial use as:

         the use of premises for selling goods or providing a service to the public.
         Examples of a commercial use— food and drink outlet, health care service, office, shop

Based on the above, the proposed food and drink outlet is a commercial use which provides services to the public who
attended the premises. The proposed toilets will be shared between the tenancies and managed through the
development’s body corporate. The toilets will be accessible via a separate side entrance for use by members of the
public patronising the tenancies during normal business hours (7am to 9pm) and from time to time, they may also be
attended by passers-by.




JFP Ref: M3024P                                                                                                Page 14