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Planning Report - Moonstruck Noosa
Town Planning Report Application for a Development Permit for a Material Change of Use to Establish a Food and Drink Outlet use Shop 4/5 Hastings Street, Noosa Heads 4567 QLD Lot 4 on BUP8810 Moonstruck Noosa April Lifestyle Pty Ltd 15th October 2020
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Page 2
Table of Contents
Important Note 3
1. Summary 4
2. Application Information 5
3. Development Intent 6
4. Characteristics of Site and Surrounds 8
4.1 Site Characteristics 8
4.2 Surrounding Land Uses 10
4.3 Current Registered Landowner 10
5. Proposed Development Details 11
5.1 Material Change of Use 11
5.2 Existing Approval 11
5.3 Internal and External Reconfiguration 12
5.4 Hours of Operation 13
6. State Planning Interests 14
6.1 Planning Act 14
6.2 Referral Agencies and State Development Assessment Provisions 14
6.3 State Planning Policy 14
6.4 South East Queensland Regional Plan 2017 14
7. Noosa Council Planning Scheme Considerations 15
7.1 Proposal Definition 15
7.2 Level of Assessment 15
7.3 Applicable Development Codes 15
Noosa Heads Local Plan Code 15
Tourist Accommodation Zone Code 16
Business Activities Code 17
Works Code 19
7.4 Applicable Overlay Codes 19
8. Conclusions 20
List of Figures
Figure 1: Site Location Map ...................................................................................................................................... 8
Figure 2: Cadastral Map ........................................................................................................................................... 9
Figure 3: Council Zone Map..................................................................................................................................... 10
Figure 4: Floor Plan (Extract) ................................................................................................................................... 12
Figure 5: SEQ Regional Plan Land Use Category.............................................................................................. 14
RG Strategic Town Planning Report – MCU Food and Drink Outlet 1
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List of Tables Table 1: Application Information ............................................................................................................................. 5 Table 2: Project Team and Appendices ............................................................................................................... 5 Table 3: Current Operating Hours ......................................................................................................................... 13 Table 4: Relevant Outcomes for the Tourist Accommodation Zone Code ............................................... 17 Table 5: Outcomes for the Business Activities Code ....................................................................................... 18 List of Photographs Photograph 1: Internal and External Dining Areas ............................................................................................. 6 RG Strategic Town Planning Report – MCU Food and Drink Outlet 2
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for the sole purposes of April Lifestyle Pty Ltd trading as Moonstruck
Noosa (“Client”) for the specific purpose of demonstrating the proposed use as being permitted
under the Noosa Plan 2020 2013 (“Purpose”). This report is strictly limited to the purpose and the
facts and matters stated in it and does not apply directly or indirectly and will not be used for any
other application, purpose, use or matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up-to-date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability or claim
arising out of or incidental to a Third Party; and
• publishing, using or relying on the facts, content, opinions or subject matter contained
in this report
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.
RG Strategic Town Planning Report – MCU Food and Drink Outlet 3
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1. Summary
RG Strategic has prepared this development application on behalf of April Lifestyle Pty Ltd trading
as Moonstruck Noosa (the Applicant). The subject site is Shop 4/5 Hastings Street, Noosa Heads
and is formally described as Lot 4 on BUP8810 as shown on Figure 1: Site Location Map.
The purpose of this report is to seek approval for a Development Permit for a Material Change of
Use for a Food and Drink Outlet Use (Code Assessable application).
The proposed use will be located within Shop 4 which is part of the Maison Noosa Resort. The
Proposed Site Plans enclosed within Appendix A. The external built form of the existing building is
intended to remain unchanged as part of this proposal.
This application for a Material Change of Use for a Food and Drink Outlet seeks to permit outdoor
dining to occur at Moonstruck Noosa. Shop 4 is currently approved as a Shop (refer to TPC #1884)
which allows for 10 persons to dine inside. Previous works to the internal configuration of the shop
has been undertaken to allow indoor dining as per the current approval.
The proposal constitutes ‘development’ as defined by Schedule 2 of the Planning Act 2016. This
report demonstrates that the proposed Material Change of Use for a Food and Drink Outlet is
permitted.
This planning report provides details of the nature of the proposal, describes the site characteristics
and surrounding land uses, and provides a statutory assessment against the intent of the Noosa
Plan 2020. These matters are set out in;
• Proposed development intent;
• Description of the characteristics of site and surrounds;
• Proposed development details;
• An assessment of the proposal against the State planning interests;
• An assessment of the proposal against the Noosa Plan 2020; and
• A conclusion that provides summary grounds which support the proposed development.
This report should be read in conjunction with the accompanying covering letter, DA Forms and
attachments. This report comprehensively addresses the merits of the development with regard to
the provisions of the Noosa Plan 2020 and other relevant matters as prescribed in the Planning Act
2016. The proposed development is consistent with the intent of the Noosa Plan 2020 for the subject
land and warrants approval subject to reasonable and relevant conditions.
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2. Application Information
Table 1: Application Information
Address Shop 4/5 Hastings Street, Noosa Heads 4567
Real Property Description Lot 4 on BUP8810
Local Authority Noosa Council
Current Use Shop
Proposed Use Food and Drink Outlet
Planning Scheme Noosa Plan 2020
Zone Tourist Accommodation
Local Plan Area Noosa Heads
Precinct Hastings Street
Noosa Heads Local Plan Code
Relevant Development Tourist Accommodation Zone Code
Codes Business Activities Code
Works Code
Acid Sulfate Soils – not applicable
Overlay Codes
Flood Hazard – not applicable
Applicant April Lifestyle Pty Ltd
Level of Assessment Code Assessable
Referrals Nil
Table 2: Project Team and Appendices
Town Planning RG Strategic -
Proposed Site Plans RG Strategic Appendix A
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3. Development Intent April Lifestyle Pty Ltd trading as Moonstruck Noosa (“the applicant”) is seeking to develop a Food and Drink Outlet use on land located at Shop 4/5 Hastings Street, Noosa Heads 4567. The application constitutes a Material Change of Use (Code Assessable) for a tapas café on the subject site. The proposed development will utilise part of the existing building as indicated in the Proposed Site Plans enclosed within Appendix A. Moonstruck Noosa is located within Shop 4 of the Maison Noosa Resort. Shop 4 is currently approved as a Shop in 1987 under Town Planning Consent (TPC) 1884. The current approval as a Shop limits dining to 10 patrons only. Moonstruck wish to increase their dining capacity and hence are seeking a Material Change of Use to establish a Food and Drink Outlet. The proposed Food and Drink Outlet will enable Moonstruck to seat additional patrons, both inside and outside. The internal and external dining areas of Moonstruck Noosa are show in Photograph 1 below. Photograph 1: Internal and External Dining Areas Source: Moonstruck Noosa RG Strategic Town Planning Report – MCU Food and Drink Outlet 6
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The current internal approved use area of Shop 4 is approximately 45m2 (refer to TPC #1884). Previous works to the internal configuration of the shop has been undertaken. This reconfiguration allowed for 10 persons to dine inside as per the Plan 101 within Appendix A. Moonstruck Noosa are seeking to reconfigure the approved use area to include outdoor dining which is to be located at the front of the restaurant, along Hastings Street. The previous internal works which have modified the use areas (as defined by the Planning Scheme) were completed and have enabled Moonstruck Noosa to trade as a Shop, complying with the 10-seat provision. With the internal redesign which was undertaken of the Shop into a Restaurant use, the internal use area has been adjusted from 45m2 to approximately 16.5m2 (back of house, service areas, kitchen have all been excluded). Refer to Plan #102 within the Proposed Site Plans. An area of approximately 15m2 is sought to be approved as outdoor dining, resulting in an activated streetscape. Therefore, the total use area will change from 45m2 to approximately 32m2 (being the internal and external dining areas), and thereby justifying the addition of the outdoor dining area. No changes to the external built form are proposed. RG Strategic Town Planning Report – MCU Food and Drink Outlet 7
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4. Characteristics of Site and Surrounds 4.1 Site Characteristics The land which is subject of this report (i.e. the subject site) is located at Shop 4/5 Hastings Street, Noosa Heads 4567, legally described as Lot 4 on BUP8810– refer to Figure 1 Site Location Map, and Figure 2 Cadastral Plan. The subject site is located within the Maison Noosa Resort and was originally approved in 1987 (TPC 1884). Shop 4 is a small tenancy of approximately 45m2 and has direct frontage to Hastings Street. Figure 1: Site Location Map Source: NearMaps RG Strategic Town Planning Report – MCU Food and Drink Outlet 8
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Figure 2: Cadastral Map Source: QLD Globe RG Strategic Town Planning Report – MCU Food and Drink Outlet 9
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4.2 Surrounding Land Uses
As illustrated in Figure 3 below, the surrounding area of the subject site predominately encompasses
Tourist Accommodation, Retail and Food and Drink Outlet uses of various scales. The existing uses
that are immediately adjacent to the subject site comprise of the following:
• North of subject site: Noosa main beach.
• South of subject site: Hastings Street.
• East of subject site: Shop 6 Clothing Shop.
• West of subject site: Maison Noosa Resort Reception.
Figure 3: Council Zone Map
Source: Gympie Regional Council Interactive Maps
4.3 Current Registered Landowner
The Current Registered Landowner of the subject site is Paul Graeme Capel Smith. The above
details are confirmed by the Certificate of Title and Company Extract enclosed within this
application.
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5. Proposed Development Details
5.1 Material Change of Use
This application is seeking a Development Permit for Material Change of Use to develop a Food and
Drink Outlet use. The proposed indoor gymnasium is Code Assessable as defined within the Noosa
Plan 2020.
Moonstruck Noosa is a tapas café located at Shop 4, 5 Hastings Street, Noosa Heads. The intention
of this development application is to seek approval of the outdoor dining area.
The proposed Food and Drink Outlet is intended to be established in accordance with the proposal
plans provided in Appendix A. The design comprises:
• Indoor and outdoor dining areas,
• Café and bar areas,
• Storage area,
• Food preparation area,
• Kitchen washup area.
Shop 4 is currently approved as a Shop and as such limits dining to 10 patrons. Moonstruck wish to
increase their dining capacity and hence are seeking a Material Change of Use to establish a Food
and Drink Outlet. The proposed use will enable Moonstruck to seat additional patrons, both inside
and outside.
A survey of all patrons who dined at Moonstruck Noosa for the weekend of 3rd and 4th of October
2020 was undertaken by the applicants. Of those who were surveyed, 93% of the patrons who visited
Moonstruck Noosa originated from the Hastings Street precinct. Hence, the car parking
requirements generated by the proposed Food and Drink Outlet is negligible.
The proposal will not result in any additional infrastructure requirements that are not already
available at the site. All urban services are existing at the site and will not require significant
alteration.
5.2 Existing Approval
In 1987 Noosa Council issued a Town Planning Consent (#1884) and approved Shop 4 as a shop, as
apart of the Maison Noosa Resort (Maison La Plage). No alterations to the approved built form are
proposed.
Moonstruck Noosa currently operates as a tapas café with approvals from
• The Office of Liquor and Gaming Regulation (Subsidiary on Premises #213917),
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• Noosa Council (Food Licence FH20/0003) and,
• Noosa Council have recently issued Moonstruck Noosa with a Footpath Trading Permit
(FT20/0007).
5.3 Internal and External Reconfiguration
Figure 4 below is an extract of the Proposed Site Plans (Appendix A). The current internal approved
use area of Shop 4 is approximately 45m2. As demonstrated in the Proposed Site Plans a large
proportion of the approved use area has been reconfigured as a result of the use changing from a
Shop into a Food and Drink Outlet.
Figure 4: Use Area Plan (Extract)
Source: Proposed Site Plans – Appendix A
With the provision of café, bar, food preparation, storage and wash up areas, this has greatly
reduced the use area available for indoor dining. The internal use area within Shop 4 has been
reduced from 45m2 to approximately 16.5m2. In effect, a total of approximately 28.5m2 of internal use
area has been lost to accommodate the kitchen, bar and preparation areas.
The applicant seeks to provide outdoor dining to their customers. An area of approximately 15m2 is
proposed to be used by Moonstruck Noosa for outdoor dining. This approved area is to be directly
in front of the tapas café, with sufficient area between diners as to not impede on access to
Moonstruck Noosa, the resort, nor the pedestrian pathway along Hastings Street.
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The proposed outdoor dining use area results in an activated streetscape and creates a lively
atmosphere which promotes incidental social interaction between diners and pedestrians. With a
large proportion of the internal use are lost to the kitchen and bar areas (28.5m2), the addition of
approximately 15m2 of outdoor dining area results in a net loss of dining use area. Simply, the loss of
internal dining area justifies the addition of external dining area.
Further, as the increase in outdoor dining area is less than the decrease in internal dining area (a
total net loss), adjustment or addition to the existing car parking infrastructure is not required. The
proposed reconfiguration of the dining areas does not permit any additional diners/patrons on site.
5.4 Hours of Operation
Table 3 is an extract of Moonstruck Noosa’s current operating hours. No change to the existing
approved hours is proposed.
Table 3: Current Operating Hours
Day Opening Hours Day Opening Hours
Monday 7:00 AM to 4:00 PM Friday 7:00 AM to 10:00 PM
Tuesday 7:00 AM to 4:00 PM Saturday 7:00 AM to 10:00 PM
Wednesday 7:00 AM to 9:00 PM
Sunday 7:00 AM to 9:00 PM
Thursday 7:00 AM to 9:00 PM
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6. State Planning Interests 6.1 Planning Act The Planning Act 2016 (‘the Act’) is the relevant statutory instrument under which development applications are assessed. The development application is made in accordance with s.51 of the Act. 6.2 Referral Agencies and State Development Assessment Provisions Referral matters for this proposal have been assessed against the provisions of Schedule 10 of the Planning Regulation 2017. Given that the proposed Food and Drink Outlet is to be located within an existing building, no major alterations to the building are proposed, and no referral triggers are identified within the Development Assessment Mapping System, the State Development Assessment Provisions are not applicable to this code assessable development application. As such, no further assessment is required and referral to SARA is not activated by this application. 6.3 State Planning Policy Stated within part 2.1 of the Noosa Plan 2020, the State Planning Policy (SPP) July 2017 has been appropriately integrated within the Noosa Plan 2020. Therefore, assessment against the SPP is not required. 6.4 South East Queensland Regional Plan 2017 The South East Queensland Regional Plan (SEQRP) guides land use and development in the region. The subject land is located within the Urban Footprint designation of the SEQRP (refer Figure 5 below). The proposed development is consistent with the regional land use intent, regional policies and desired regional outcomes for the Urban Footprint. Figure 5: SEQ Regional Plan Land Use Category Source: DSDIP online DA mapping RG Strategic Town Planning Report – MCU Food and Drink Outlet 14
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7. Noosa Council Planning Scheme Considerations
7.1 Proposal Definition
The proposal incorporates one use which is defined by the Noosa Plan 2020:
Food and Drink Outlet
Food and drink outlet means the use of premises for—
a) preparing and selling food and drink for consumption on or off the premises; or
b) providing liquor for consumption on the premises, if the use is ancillary to the use in
paragraph (a).
Comment: The development is consistent with the above definition.
7.2 Level of Assessment
Pursuant to Table 5.5.4 Development Assessment for the Tourist Accommodation Zone within the
Noosa Plan 2020, the proposed development requires Code Assessment.
7.3 Applicable Development Codes
Pursuant to Table 5.5.4 Development Assessment for the Tourist Accommodation Zone, the following
development codes are applicable to the proposed Food and Drink Outlet use:
• Noosa Heads Local Plan Code,
• Tourist Accommodation Zone Code,
• Business Activities Code, and
• Works Code.
Noosa Heads Local Plan Code
The subject site is located within the Noosa Heads Locality. An assessment of the proposed
development against the relevant performance outcomes of the Noosa Heads Local Plan Code has
been undertaken. The proposed Food and Drink Outlet is located within an existing building. No
changes to the external built form so as to the materiality or design are proposed. As such,
assessment against the Performance or Acceptable Outcomes listed within the Noosa Heads Local
Plan Code are not relevant or applicable to the proposed development.
Therefore, an assessment against the relevant Purpose and Overall Outcomes for the Noosa Heads
Local Plan Code is provided below.
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7.2.5.2 Purpose and Overall Outcomes
Noosa Heads
(1) The purpose of the Noosa Heads local plan code is to provide locally relevant planning provisions
for the assessment of development within the Noosa Heads local plan area.
(2) The following overall outcomes apply to the Noosa Heads local plan area:
(m) Development in the Hastings Street Mixed use precinct and the Noosa Junction
Hospitality precinct provides a range of well-designed business and entertainment
activities including live music and other artistic performances which creates a vibrant
atmosphere. High design quality, incorporating low rise contemporary sub-tropical building
and landscape design incorporates appropriate acoustic containment to facilitate late
night operation.
(w) A variety of high-end visitor accommodation, retailing and dining uses incorporate
indoor/outdoor spaces creating active frontages from early morning to late evening.
Comment: The proposed Food and Drink Outlet is a reuse of an existing building in a retail and unit
accommodation complex (Maison La Plage). The proposed development is compatible with the
existing nature and character of Hastings Street. The proposed reconfiguration of the approved
indoor and outdoor use areas results in an activated streetscape, creating a lively atmosphere and
promoting incidental social interaction between diners and pedestrians. The proposed use is
consistent with the Purpose and desire Overall Outcomes for the locality.
Moonstruck currently operates as a tapas café with approvals from:
• Office of Liquor and Gaming Regulation - Subsidiary on Premises #213917,
• Noosa Council - Food Licence FH20/0003, and
• Noosa Council - Footpath Trading Permit FT20/0007.
Tourist Accommodation Zone Code
The proposed Food and Drink Outlet use has been assessed against the Purpose and the relevant
Outcomes sought by the Tourist Accommodation Zone Code below and within Table 4 below.
6.3.4.2 Purpose and Overall Outcomes
(1) The purpose of the Tourist accommodation zone is to provide for:
(a) short-term accommodation; and
(b) community uses, and small-scale services, facilities and infrastructure, to support
short-term accommodation and tourist attractions.
(2) The overall outcomes sought for the Tourist accommodation zone are as follows:
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(b) Visitor accommodation in the urban areas is supported by a mix of business
activities which create a vibrant atmosphere and complement and enhance the function
and attractiveness of the area as a visitor destination. Cafes, restaurants, entertainment,
function facilities and complementary shopping and personal services cater to the needs of
visitors as well as Noosa Shire residents enjoying these areas.
Comment: The proposed Food and Drink Outlet us is consistent with the purpose and overall
outcomes prescribed for the Tourist Accommodation Zone Code. The use provides for small scale
dining use attached to the Maison Noosa Resort. Outdoor dining is proposed and creates a vibrant
and lively streetscape.
Where consistency is not achieved, sufficient planning grounds to justify the conflicts with the
outcome are provided. Where a Performance Outcome is not shown it is not relevant to the
development proposal.
Table 4: Relevant Outcomes for the Tourist Accommodation Zone Code
Performance outcomes Acceptable outcomes Development Response
PO1 No acceptable outcome Complies
Development provides a focus for provided. The proposed Food and Drink
visitor accommodation and a range Outlet is an ancillary food and
of ancillary retail, food and beverage use to the Maison
beverage and entertainment uses Noosa Resort.
that contribute to the tourism focus
of Noosa Shire.
PO3 AO3.1 Complies
Business uses are secondary to Businesses offer food This development application is
accommodation uses and support and drink outlets, small to formalise the existing food
recreational activities and scale retail and and drink outlet (Moonstruck
surrounding accommodation entertainment activities Noosa).
facilities without compromising or to residents and visitors.
competing with Major Centres or
District Centres.
PO4 No acceptable outcome Complies
Development fronting Hastings provided Moonstruck Noosa is a tapas
Street, Duke Street and parts of café bar. Indoor and outdoor
Gympie Tce, reinforces the role of dining areas are proposed to
Noosa Shire as a major coastal create a lively and active
tourism destination and visitor streetscape.
accommodation area, providing a
range of small-scale boutique retail
and outdoor dining experiences with
accommodation above, and strong
visual and pedestrian linkages with
the beach and Noosa River
foreshore area and nearby
community uses.
Business Activities Code
The proposed development has been assessed against the Business Activities Code as outlined
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below in Table 5. Only Performance Outcomes relevant to the proposed Food and Drink Outlet use
have been included in the assessment.
Table 5: Outcomes for the Business Activities Code
Performance outcomes Acceptable outcomes Development Response
PO1 No acceptable outcome Complies
Business activities are provided The proposed food and drink
compatible with the purpose outlet is compatible and a
of the zone in which they desired use within the Tourist
locate and the site is suitable Accommodation Zone.
for the use having regard to
accessibility, infrastructure and
servicing.
PO2 No acceptable outcome Complies
The business activity is located provided The proposed use is located in
within an existing business Hastings Street, which is zoned
centre or visitor centre shown as Tourist Accommodation. The
in the Noosa Shire Centres proposed use is located in an
Hierarchy or in an industrial existing building which was
zone. approved as a shop.
PO3 No acceptable outcome Complies
Business activities are of a provided Moonstruck Noosa is of a scale
type, scale and intensity that is and size compatible with the
consistent with the zone, existing land uses. The
locality and character of the proposed use is located in an
area in which it is located and existing building with no
reinforces the Noosa Shire external changes to the built
Centres Hierarchy.
form proposed.
PO4 No acceptable outcome Complies
Business activities contribute provided The proposed use includes
to the local economy and outdoor dining area of
vibrancy of the area in which it approximately 15m2, creating a
is located. lively and vibrant streetscape
along Hastings Street.
PO8 AO8.1 Not Applicable
Outdoor dining areas are Walls to outdoor dining areas No walls are proposed to the
designed and located so that: are: outdoor dining area. No
a) if facing a roadway or changes to the external built
other public area, form are proposed.
a) structures are aesthetically transparent and don’t
pleasing and in keeping restrict airflow;
with the existing character b) separated from the floor
of the area, including the and any roof by a
architecture of the minimum vertical gap of
associated building; 500 millimetres; and
c) if detachable or
b) outdoor dining adds to the collapsible, are only used
streetscape without during inclement weather.
increasing perceived
building bulk; AO8.2 Not Applicable
Roof, walls or other structures No structures are proposed to
c) temporary walls or roofs do not extend beyond the
are retracted when not in the outdoor dining area. No
boundaries of the premises. changes to the external built
use and secured at all
times; form are proposed.
d) the use does not pose a AO8.3
Complies
Outdoor dining areas:
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health and safety risk to a) have a non-slip surface No changes to the existing
patrons; which is water resistant surface are proposed. Heating
and not raised; and devices will be designed and
e) adequate air movement is b) ensures that where located as to not present risk to
available; and heating is provided it does diners or pose a fire risk to the
f) structures do not impede
not present a physical risk building.
to diners or pose a fire risk
the movement of to the surrounding
pedestrians or vehicles. buildings and structures
(braziers are not
permitted).
AO8.4 Not Applicable
Outdoor dining areas include The proposed use is located in
soft landscaping integrated an existing building. No
with the outdoor dining changes to the existing street
environment to create an trees are proposed.
ambient atmosphere for
diners.
Works Code
Whilst the Table of Assessment for the Tourist Accommodation Zone requires that Food and Drink
Outlet uses are to be assessed against the Works Code, as the proposed development is located
within an existing building and no changes to the external built form are proposed; assessment
against the Works Code is not applicable. The proposal represents a reconfiguration of the internal
and external outdoor dining areas. Refer to section 5.3 above in this report detailing the changes in
the use areas.
7.4 Applicable Overlay Codes
The subject site is affected by the Acid Sulfate Soils and Flood Hazard Overlays as determined by
Noosa Council’s Enterprise Mapping System. As the proposed Food and Drink Outlet is to be located
in an existing building with no changes proposed to the external built form, these Overlays and the
associated Codes are not applicable to this development. As such, no assessment against the
identified Overlay Codes is required.
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8. Conclusions
This report has been prepared by RG Strategic to accompany a Development Application made by
April Lifestyle Pty Ltd trading as Moonstruck Noosa (the Applicant). The applicant seeks a
Development Permit for a Material Change of Use for a Food and Drink Outlet use at Shop 4/5
Hastings Street, Noosa Heads 4567.
This report demonstrates that the proposed development is permitted pursuant to the provisions of
the Planning Act 2016 and the Noosa Plan 2020, and the indoor gymnasium can be supported on a
number of grounds, including:
• The development complies with the intent of the Noosa Plan 2020;
• The development is consistent with the overall outcomes for the Noosa Heads Local Plan
Code and the Tourist Accommodation Zone Code;
• The proposed use is consistent with the intent of the original approval and merely seeks to
increase the number of patrons which can dine at Moonstruck Noosa;
• Moonstruck Noosa currently operates with approvals from the Office of Liquor and Gaming
Regulation (Subsidiary on Premises #213917) and Noosa Council (Food Licence FH20/0003 +
Footpath Trading Permit FT20/0007);
• The proposed outdoor dining use area results in an activated streetscape and creates a
lively atmosphere;
• The increase in outdoor dining area is less than the decrease in internal dining area (a total
net loss) and thereby the reconfiguration of the dining areas does not require additional car
parking to be provided;
• No new buildings or alterations to the existing external built form is proposed.
For the reasons above it is recommended that this application for Development Permit for a Material
Change of Use for a Food and Drink Outlet at Shop 4/5 Hastings Street, Noosa Heads be approved
subject to reasonable and relevant conditions.
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