2018-05-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        8 MAY 2018


Condition 10
Nature & Extent of Approved Use
10.   Any ancillary coffee shop and associated use area must be located wholly within the
      existing building.
Issue:
Request to delete Condition 10
Applicant’s Representation:
The applicant has no objection with the ancillary coffee shop for the Garden Centre having a floor
area of 45m²; however, suggests that there is no valid reason to “…prevent the use of some
tables and chairs within the outdoor area to enjoy a coffee. This is particularly the case given the
nature of a Lifestyle and Garden Centre, which provides for the selling of plants, garden
ornaments and other related products in a garden setting.”
“Under the definition, the coffee shop is to be ancillary to the Lifestyle and Garden Centre, which
will not change. Being ancillary is relevant to the use area and not just the built form. It is
reasonable that the applicant be allowed to have some table and chairs amongst a garden
setting for the use as would be expected.”
Assessment:
As per the definition of the use under The Noosa Plan, a Retail Business Type 7 - Garden Centre
is permitted to operate an ancillary coffee shop. Council raised preliminary concerns regarding
amenity during the assessment of the original application and requested the applicant provide
further details regarding the proposed scale and location of the coffee shop given the zoning of
the land and proximity to residential uses.
The applicant has not provided any information regarding the proposed location of any ancillary
coffee shop and no evidence has been provided which demonstrates that there will be no impact
to nearby residents should the use be permitted to operate outside of the building.
It is considered that an ancillary coffee shop could generate amenity concerns given the
proximity to residential uses and therefore it is premature to support any outdoor dining area until
details of the area are submitted to Council.


4.    CONCLUSION
The application seeks representations to the original approval primarily relating to the approved
layout of the development, hours of operation and an ancillary coffee shop permitted to operate
on the site.
Although the original application was recommended for approval acknowledging the existing use
rights on the land in addition to the reuse of the existing buildings, the proposed new building is
generally in accordance with condition 2 of the approval.
The representations also seek approval to amend condition 8 to extend the hours of operation
and delete condition 10 allowing any ancillary coffee shop to operate outside the proposed
building.
The proposal to extend the hours of operation is unlikely to generate off site impacts and the
inclusion of other conditions regarding noise attenuation is considered sufficient. The proposal to
delete condition 10 raises concern given the proximity of the lot to nearby residential areas. It is
therefore recommended the condition remain unchanged.




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