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Planning Report - Food and Drink Outlet
Town Planning Report Application for a Development Permit for Material Change of Use – Food & drink outlet 52 Hastings Street, Noosa Heads QLD BUP 4745 (Body Corporate) Lot 6 BUP4745 Coffee Rock Investments Pty Ltd
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Table of Contents
Important Note 1
1. Summary 2
2. Application Information 4
3. Development Intent 5
4. Characteristics of Site and Surrounds 7
4.1 Site Characteristics 7
4.2 Surrounding Land Uses 8
4.3 Current Registered Landowner 8
5. State Planning Interests 9
5.1 Planning Act 9
5.2 Referral Agencies and State Development Assessment Provisions 9
5.3 State Planning Policy 9
5.4 South East Queensland Regional Plan 2017 9
6. Noosa Council Planning Scheme Considerations 10
6.1 Land Use Definition 10
6.2 Zone 10
6.3 Level of Assessment 10
6.4 Local Plan 10
6.5 Applicable Development Codes 11
6.6 Use area 15
6.7 Carparking 15
6.8 Hours of operation 16
7. Conclusions 17
List of Figures
Figure 1 - Street elevation 3D perspective 2
Figure 2 - Ground floor plan 5
Figure 3 - Upper floor plan with roof garden 6
Figure 4 - Subject site identified with a red line and specifically Cafe le Monde identified in green 7
Figure 5 - Streetscape adjoining subject site. 8
Figure 6 - TOA for a Food and drink outlet in the Tourist Accommodation zone 10
Figure 7 - Examples of green roof in Sunshine Beach and a resort in SEQ. 15
List of Tables
Table 1: Application Information 4
Table 2: Project Team and Appendices 4
RG Strategic Town Planning Report – 52 Hastings St – Café Le Monde a
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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 Coffee Rock Investments Pty Ltd (“Client”) for
the specific purpose of demonstrating the proposed use as being permitted under the Noosa Plan
2020 (“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 – 52 Hastings St, Café Le Monde 1
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1. Summary
Coffee Rock Investments Pty Ltd (the Applicant) have engaged RG Strategic to seek development
approval for a code assessment application for a Material Change of Use – Food & Drink Outlet for
what is known as Café Le Monde within the Ocean Breeze Resort (refer to the Architectural plans
enclosed in Appendix A).
The subject site is a renovation of the Cafe. The renovation includes:
• The reconfiguration of the approved roof form to be square to the existing dominate building to
the rear of the site;
• 2 defined seating areas and a centrally located walkway access from Hastings Street;
• Provide a staggered presentation to the street and additional landscaping;
• A 26.6m2 small roof deck to the western side of the lot which includes a landscaped green roof.
The roof deck dining area is setback 3m from the front boundary;
• A lightweight roof over the eastern part of the use area;
• Additional landscaping to the frontage ranging in width from 1m to 2.6m;
• An average setback greater than 4m;
• No net increase to total use area.
Figure 1 below provides a 3D perspective of the proposal.
Figure 1 - Street elevation 3D perspective
The external presentation includes a lightweight timber structure to the eastern part of the site and
a roofed structure incorporating outdoor dining with the majority of the roof being a landscaped
green roof to the western part of the site.
The proposal constitutes ‘development’ as defined by Schedule 2 of the Planning Act 2016. This
report demonstrates that the proposed Material Change of Use is permitted.
This planning report provides details of the nature of the proposal, describes the site characteristics
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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; • 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 Form and Appendices. The proposed renovation and Code Application is consistent with the intent of the Noosa Plan 2020 for the subject land and warrants approval subject to reasonable and relevant conditions. RG Strategic Town Planning Report – 52 Hastings St, Café Le Monde 3
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2. Application Information
Table 1: Application Information
Address 52 Hastings Street, Noosa Heads
Lot 0 on BUP4745
Real Property Description
Lot 6 on BUP4575
Local Authority Noosa Council
Current Use Food & drink outlet
Planning Scheme Noosa Plan 2020
Local Plan Noosa Heads Local Plan Area
Tourist Accommodation zone
Zone
Hastings Street Mixed Use Precinct
• Noosa Heads Local Plan Code,
• Tourist Accommodation Zone Code,
Relevant Codes
• Business Activities Code,
• Works Code
Applicant Coffee Rock Investments Pty Ltd
Level of Assessment Code Assessment
Referrals Not applicable
Table 2: Project Team and Appendices
Town Planning RG Strategic
Architectural Plans Frank Macchia Appendix A
Report Prepared by Glen Conforti – Senior Planner 21.09.21
Reviewed by Russell Green – Managing Director 21.09.21
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3. Development Intent
Coffee Rock Investments Pty Ltd (the Applicant) seek approval to renovate the existing premises at
52 Hastings Street known as Café Le Monde. The proposal includes:
• the reconfiguration of the approved roof form to be square to the existing dominate building to
the rear of the site;
• 2 defined seating areas and a centrally located walkway access from Hastings Street;
• a staggered presentation to the street and additional landscaping;
• A 26.6m2 small roof deck to the western side of the lot which includes a landscaped green roof.
The roof deck dining area is setback 3m from the front boundary with a green roof presenting to
the street;
• A lightweight roof over the eastern part of the use area;
• Additional landscaping to the frontage ranging in width from 1m to 2.6m;
• An average setback greater than 4m;
• No net increase to total use area.
Refer below to Figures 2 and 3 for Floors Plan and attached in Appendix A.
Figure 2 - Ground floor plan
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Figure 3 - Upper floor plan with roof garden RG Strategic Town Planning Report – 52 Hastings St, Café Le Monde 6
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4. Characteristics of Site and Surrounds 4.1 Site Characteristics The land which is the subject of this report (i.e., the subject site) is located at Ocean Breeze resort at 52 Hastings Street, Noosa Heads and is known as Café Le Monde. Refer to Figure 4 Site Location Map. The site is fully developed with this application addressing a renovation to the existing built form. Figure 4 - Subject site identified with a red line and specifically Cafe le Monde identified in green RG Strategic Town Planning Report – 52 Hastings St, Café Le Monde 7
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4.2 Surrounding Land Uses The surrounding area is characterised by a mix of older, new and renovated development with a range of retail, commercial and restaurant uses scattered throughout the street. Setbacks to the frontages vary considerably starting from 0m. It appears generally that development does not comply with an average of 4m setback to Hastings Street. Figure 5 - Streetscape adjoining subject site. Landscaping setbacks to the frontages also vary with some sites having no soft landscaping to frontages and other sites retaining one or two character tree/s and/or small garden areas. 4.3 Current Registered Landowner The Current Registered Landowners of the subject site are Coffee Rock Investments Pty Ltd. The owners’ details are confirmed by the Certificate of Title and written consent from the registered owners is enclosed with this application. Written consent has also been provided by the Body Corporate for Lot 6 BUP4745 to make changes to the exclusive use area. RG Strategic Town Planning Report – 52 Hastings St, Café Le Monde 8
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5. State Planning Interests The following is an assessment of how the proposed development addresses the relevant statutory planning documents. 5.1 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. 5.2 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. A review of the State Assessment Referral Agency’s (SARA) DA online mapping system has confirmed the following Matters of State interest. 5.3 State Planning Policy The State Planning Policy (SPP) provides the legislative guidance with regard to the Queensland Government’s policies and matters of state interest for land use for the purposes of planning development. The SPP applies to development assessment should the local planning instrument (planning scheme) not appropriately integrate the SPP. Where there is any inconsistency with the planning scheme the SPP prevails. Part 2 of the Noosa Plan 2020 states that the State Planning Policy (SPP) has been reflected in the planning scheme. No further assessment against the SPPs is required. 5.4 South East Queensland Regional Plan 2017 The South East Queensland Regional Plan 2017 (SEQRP) guides land use and development in the region. The subject land is located within the Urban Footprint of the SEQRP. The proposed development is consistent with the intent of the Urban Footprint, regional policies, and desired regional outcomes for the SEQRP. Part 2 of the Noosa Plan 2020 states that the Planning Minister has identified that the Noosa Council's planning scheme appropriately advances the SEQRP 2017. RG Strategic Town Planning Report – 52 Hastings St, Café Le Monde 9
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6. Noosa Council Planning Scheme Considerations
The subject site is located within the Tourist Accommodation Zone and a Food and drink outlet is
subject to assessment under the Noosa Plan 2020. The following is a review of the proposed
development under the Noosa Plan 2020.
6.1 Land Use Definition
The Noosa Plan 2020 defines Food and drink outlet as:
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).
The proposed renovation of Café Le Monde in accordance with the definition of a Food and drink
outlet.
6.2 Zone
The Noosa Plan 2020 identifies the site within the Tourist Accommodation zone and the Hastings
Street Mixed Use Precinct.
6.3 Level of Assessment
Within Part 5 of the Noosa Plan 2020, Table 5.5.4 – Tourist Accommodation prescribes that the
proposed Food and drink outlet is subject to Code assessment. The Table of Assessment is provided
below as Figure 6 for reference.
Figure 6 - TOA for a Food and drink outlet in the Tourist Accommodation zone
6.4 Local Plan
The subject site is within the Noosa Heads Local Plan area.
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6.5 Applicable Development Codes
The following Development Codes are applicable to the proposed use:
• Noosa Heads Local Plan Code;
• Tourist Accommodation Zone Code;
• Business Activities Code, and
• Works Code.
The relevant provisions from the Noosa Heads Local Plan Code and the Tourist accommodation
zone code are provided and assessed below.
Noosa Heads Local Plan Code
Purpose and Overall outcome 7.2.5.2
(h) Development is of a high design quality, incorporating low rise contemporary sub-
tropical building and landscape design that emphasises the casual, outdoor lifestyle.
(i) Buildings have a strong relationship with the outdoors through the incorporation of natural
materials, verandahs and glazing and orientation of openings towards public spaces where
practicable.
(k) Development maintains:
(i) a high proportion of Noosa lifestyle and creative destination businesses with few
national chains and generically themed outlets;
(ii) a small number of large floor plate retail tenancies and businesses; and
(iii) within the predominantly retail and food establishment land use mix, community
support uses and medical and health services.
(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.
AO7.1
Development takes the form of small separate buildings rather than large single bulky buildings,
stepping down slopes where applicable and not visually dominating the street, beachfront,
riverfront, adjacent properties, surrounding spaces or the existing skyline.
AO7.2
Buildings and structures have a scale and building height consistent with development on adjoining
and surrounding land.
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AO7.3
Buildings and structures preserve the amenity of adjoining land including sunlight to neighbouring
properties.
AO7.4
Development respects the scale of surrounding vegetation and maximises the opportunity for
retention of existing vegetation and incorporates soft landscaping between buildings.
AO7.5
Buildings and structures:
(a) incorporate articulated roof forms which are visible from the street;
(b) incorporate a mix of lightweight and textured external building materials or materials that
reflect the natural environment such as timber and rock face;
(c) provide variation through articulation, texture and detailing;
(d) incorporate verandahs, open balconies or shaded patios for outdoor living, with open,
transparent or semi-open balustrades;
(e) use understated colour schemes and low-reflective roofing and cladding materials.
Tourist Accommodation Zone code provisions
AO14.6
Development consists of small separate buildings rather than large bulky buildings with no more
than six units attached in one plane.
AO14.9
On site development incorporates landscaping in front building setback areas and footpath areas
that is in character with existing or planned streetscape themes.
AO15.1
Development ensures that the ground storey level of a premise on a site:
(a) provides a fine scale built form;
(b) incorporates shopfronts with at least 50% transparent glazing to provide pedestrian interest
and promote active street fronts;
(c) has building openings overlooking the street;
(d )incorporates indoor/outdoor food and drink outlets and other activities that are likely to
foster casual, social and business interaction built to the boundary of the active
street frontage; and
(e) includes the provision of landscaping, shaded seating and consistent footpath treatment
that conforms to the wider existing or planned streetscape theme.
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Setbacks
AO13.1
The southern side of Hastings Street, east of Noosa Drive
(a) 2 metres, average 4 metres from the front boundary to Hastings Street and Noosa Drive for
the ground floor and second storey;
(b) 10 metres from the front boundary to Hastings Street and Noosa Drive above the
second storey; and
(c) 6 metres from the front boundary to Morwong Drive.
Commentary
It is clear from the above provisions that development in the Hastings Street precinct should be low
rise of high quality design with a strong relationship to the outdoors and orientated to public spaces.
Finishes should be lightweight and textured creating an interesting built form with a 2m average of
4m setback for the ground and second storeys.
The built form of the proposal fully complies with the relevant provisions for the following reasons:
• The roofed areas are separated by an open central walkway access creating small separate
structures rather than one bulky structure that is present in other Hastings Street development;
• The large open walkway creates a spacious presentation to the street;
• Building setbacks average greater than 4m in accordance with AO13.
• The structures are not bulky and of a scale consistent with that on adjoining properties and
Hastings Street. The proposal is less prominent than the Visitor information centre directly
opposite the site and most other development nearby;
• The new structures provide a clear stepping up of the building,
• The eastern structure is an open-air pergola with a retractable fabric awning providing a
lightweight look and feel;
• The structures are low rise being a maximum of 3.3m above the existing ground level, a similar
height to that already approved;
• The outdoor dining area on the roof deck is setback 3m from the Hastings Street boundary with
the green roof resulting in a significantly vegetated landscaped frontage.
• The dining areas are designed to create an open air dining experience with some areas
orientated to the public realm.
• Landscaping setbacks along the full frontage contributing to the greenery of Hastings Street. In
addition, the applicant is proposing to provide a landscaped garden within the road reserve.
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Green roof Council has in the past had concerns with roof gardens and green walls as there is no certainty they will be maintained and result in an urban concrete feel with an ordinary built form. This is not the case in modern building design as the green aspects often contribute to a sustainable building design with the shading of wall and windows and a reduction in the need for mechanical heating and cooling. The proposal introduces a significant green roof area where planting will flow and hang over and contribute to a sustainable design and a subtropical look and feel. Guests sitting on the ground floor will look through vines and plants to public realm. The resources required in Hasting Street to undertake development, provides certainty to Council that the gardens will be maintained to a high quality. The applicant will accept a condition that requires the roof garden to be maintained in good order. The roof gardens can be planted with mostly native plants as shown below in the eco-award winning dwelling house at 71 Seaview Terrace, Sunshine Beach and another example in a SEQ resort. See Figure 7 below. RG Strategic Town Planning Report – 52 Hastings St, Café Le Monde 14
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Figure 7 - Examples of green roof in Sunshine Beach and a resort in SEQ. 6.6 Use area The existing approval allowed 242m² of use area. There is no net increase in use area proposed and while the roof dining area is new, the ground floor has been reconfigured to allow for the upper level dining. 6.7 Carparking There is no net increase to use area and therefore no additional carparking is triggered. RG Strategic Town Planning Report – 52 Hastings St, Café Le Monde 15
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6.8 Hours of operation The applicant seeks operating hours of 6am to 12 midnight 7 days per week. The operator seeks the additional 2 hours through the week to provide flexibility. The operator has an excellent track record with the onsite Body corporate for managing the noise within the site. RG Strategic Town Planning Report – 52 Hastings St, Café Le Monde 16
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7. Conclusions
The proposed Development Permit for a Material Change of Use for a Food and Drink Outlet on land
at 52 Hastings Street, Noosa Heads known as Café Le Monde, has been assessed against the
requirements of the Local and State Statutory Planning Requirements.
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 proposed development can be supported
on a number of grounds, including:
• The development application has been made in accordance with the requirements of both the
Planning Act 2016 and the Development Assessment Rules 2017;
• The proposal is a well designed renovation which integrates with the existing built form onsite
providing a stepping presentation to the street rather than one large built structure;
• The proposal does not increase use area.
• Is providing landscaping to the full frontage of the site, within the road reserve and a significant
roof garden;
• The design is low rise and light weight in small separate structures;
• Creates dining with an outdoor ambience;
• The proposal is orientated to the public realm activating the street; and
• The proposal fully complies with all the relevant built form parameters set out in the Local Plan
and Zone Codes.
On the basis of the information contained within the above Planning Report, it is recommended that
Noosa Council favourably consider approval of the proposed Material Change of use, subject to
reasonable and relevant conditions. We look forward to Council processing the application at its
earliest convenience.
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