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Applicant's Response to Council's FA
YY G STRATEGIC 9 August 2023 Our Ref: 002704 Council's Ref: 51981.3345.01 Noosa Shire Council The Chief Executive Officer 9 Pelican Street Tewantin QLD 4565 Via email: [email protected] ATTENTION: Tara Norley Response to Council's Further Advice— Change to the Conditions specified within the Decision Notice (Minor Change) 185 Weyba Rd, Noosaville QLD 4566 Lot 7 RP 113358 Dear Tara, In relation to the abovementioned property and development application (51981.3345.01), on behalf of Darcher Holdings Darcher Holdings Pty Ltd, we hereby submit the following information as requested in Council's Further Advice dated 5 July 2023. In accordance with section 13.2 of the Develooment Assessment Rules, we wish to advise that the applicant is providing all of the information requested. The following attachment is enclosed within this response: e Attachment 1-—Site Plans prepared by Hiller. Information Required by Council Issue — Proposed Changes to Conditions The application material references a change to the Non-Conforming Use (NCU23) register, however it is noted that the change application relates to existing Town Planning Consents TPC1S03 and TPC1705, where the use was approved as a ‘Refreshment Service - Kiosk’. The application material does not request changes to any conditions of the TPC approvals. It is unclear from the application material what conditions are requested to be changed. RG Strategic PO Box 1818 07 5474 3873 Noosa Heads [email protected] QLD 4567 rgstrategic.com.au
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Advice Required Provided a list of specific conditions of TPC1503 and TPC1705 requested to be changed. Conditions to be amended TP1705- Condition 6. The approval granted permits the sale of takeaway seafoods only and no facilities shall be provided for the consumption of any food on the premises by the general public. TP1 - Condition 1 18. The approval given herein is for the vending of take-away sea foods and does not permit the provision and serving of meals and refreshments for consumption on the land/or premises. Proposed Change of Conditions TP1705 Condition 6 6. The approval granted permits the sale of light refreshments, take-away meals or bread, cakes or pastry and the supply of such to the public for consumption elsewhere or on the premises to a maximum of 10 persons. TP1503 Condition 18 18. The approval given herein is for the vending of light refreshments, take-away meals or bread, cakes or pastry and the supply of such to the public for consumption elsewhere or on the premises to a maximum of 10 persons. Applicant's Response e On18 November 1981 Council approved an extension to the existing dwelling house for the purposed of a kiosk for the vending of sea foods (TPC 1503). The 1973 Planning Scheme categorises a Kiosk under ‘refreshment service’. At this time the kiosk was only able to trade fresh seafood. e =On23 January 1985 Council approved alterations to an existing seafood kiosk (installation of cooking equipment) (TPC 1705). This installation of cooking equipment permitted the kiosk to trade as a takeaway fish and shop selling both fresh and cooked seafood to the public. ¢ On 16 August 1990 council resolved to register a Caterer's Shop (seafood kiosk) over the site, as an existing non-conforming use (NCU 23). The use was pursuant to and in accordance with conditions of TPC 1503 and 1705. 4 PO Box 1818 07 5474 3873 (5 Noosa Heads [email protected] QLD 4567 rgstrategic.com.au
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In the 1985 Planning Scheme a ‘Catering Shop’ is defined as- Any premises used or intended for use for the preparation by cooking or otherwise of light refreshments, take-away meals or bread, cakes or pastry and the supply of such on sale to the public for consumption elsewhere or on the premises. Therefore, it is clearly presented the change of conditions aligns with the existing use rights and will not impact upon the amenity of the locality. The bakery will not offer table service and all products will be sold in takeaway packaging. Information Required by Council Issue — Increase in GFA The subject site is within the Medium Density Residential Zone under Noosa Plan 2020. The use is an inconsistent use within the zoning and any increase in floor area is not supported. Advice Required 1. Provide amended plans limiting floor area to the existing approved floor area. Applicant's Response The applicant has taken measures to ensure that there will be no increase in the current gross floor area (GFA) of the building. The main emphasis of the proposal is to modify the production area and the commercial kitchen, aiming to cater to the business's requirements and improve operational efficiency. It is crucial to note that: e All the proposed alterations will be confined within the existing building. e The proposed alterations will be of minor nature. e The overall GFA will remain unaffected. e The development will not have any new impact on the surrounding area. Further, the applicant will maintain the mixed-use essence of the site, encompassing both residential and small business aspects. Noteworthy is the fact that the family occupying the premises will be the baker's, who will be the first person on shift each morning . Information Required by Council Issue — Business Operations The application material does not include information in relation to the operations of the business, including: + Number of employees proposed to be working on site at any one time; 4 PO Box 1818 07 5474 3873 (5 Noosa Heads [email protected] QLD 4567 rgstrategic.com.au
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+ — If the use will be for retail trade only, or if wholesale production is proposed too; * Details of any deliveries to the site (including onsite parking for delivery vehicles); + — Any odour mitigation measures proposed; + Proposed location of waste storage areas; * Proposed carparking to be provided on site (including for the dwelling house, staff and customer parking). It is noted that the required number of carparks required for the use under Noosa Plan 2020 is 2 covered parks for the dwelling and 4 additional parks for the use (based on an approximate 80m2 use area including the FOH, Coffee/Café and Waiting Area). Advice Required 2. Provide additional details on the proposed operations of the business. 3. Provided amended plans including any proposed onsite parking (refer to below Carparking item for further detail) and sufficient justification for any shortfall in onsite parking. Applicant's Response Regarding the council's request for additional details concerning the proposed business operations, the following points outline the operational schedule: e Bakers will commence their shifts at 4am and Sam, respectively. e Front-of-house staff will begin their shifts at 5:30am and 6am. e Service to customers will commence at 6am. e During busier periods such as Saturdays and school holidays, a third front-of-house staff member will be added. It's essential to emphasise that these operating hours are harmoniously aligned with the early-rise culture of the Noosa area and with the intention to conclude in the early afternoon. Addressing the concern related to odours, it's important to note that the aroma of freshly baked goods will prove significantly more pleasant and less obtrusive than the previous seafood kiosk use. The proposed business operations will not only enhance the neighbourhood's quality of life but also offer a valuable service to the local residents. With regard to the council's request for sufficient parking, in addition to the onsite parking detailed in the revised Hiller-prepared plans, it's worth noting the following: e The council has implemented two 10-minute parking spots on the street to further facilitate availability. e Abundant on-street parking is accessible on both sides of Weyba Road. Considering the business primarily involves takeaways, customers’ stays are generally brief, rarely extending beyond 10 minutes. It's crucial to affirm that the parking arrangements fully adhere to the Performance 4 PO Box 1818 07 5474 3873 (5 Noosa Heads [email protected] QLD 4567 rgstrategic.com.au
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Outcome PO6 of the Driveways and Parking Code. The applicant has carefully considered as detailed with PO6: e The nature and intensity of land use. e Existing on-site parking. e Operating hours. e Expected user numbers. e Site accessibility. e =Peaks in parking demand. e Availability of alternative parking solutions. Information Required by Council Issue - Carparking The application material does not provide sufficient information to confirm if the existing carparking layout is in accordance with current Australian standards. Insufficient information has been provided demonstrating how the existing carpark operates and that the existing carparks meets current standards. The proposed carport is not sufficiently sized to allow for a covered carpark as required by the Driveways and Parking Code. Information Required 4. Provide additional detail demonstrating the existing layout of the carpark. The additional detail must be prepared by a suitably qualified person and include, but not be limited to: a. assessment of the existing conditions of the carpark; b. provide comment on what works can reasonably be done to upgrade the existing carpark to meet current standards; and c. demonstrate how the existing carpark and proposed carport achieves the compliance with the Driveways and Parking Code for the proposed uses (including 1 covered carpark for the proposed Caretakers). Applicant's Response In response to councils request for additional detail demonstrating the existing layout of the car park: a. The current parking conditions on the premises will be upgraded in accordance with the current standards as required. This will involve relocating the refuse facilities. b. As mentioned above, the relocation of the refuse facilities will facilitate the creation of appropriate space for additional car parking provisions. 4 PO Box 1818 07 5474 3873 (5 Noosa Heads [email protected] QLD 4567 rgstrategic.com.au
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c. According to the Driveway and Parking Code, a dwelling unit must allow for at least one covered parking space. Additionally, food and drink outlets require one parking space per 20m? of use area and outdoor business area, excluding kitchen and food storage areas. As indicated in the revised plans, the combined use area and outdoor terrace equals a total of 40m?. Consequently, the total number of car spaces required onsite is 3, with one of them being covered. It is important to highlight that the site fully complies with the minimum parking requirements outlined in the Driveway and Parking Code. Information Required by Council Issue — Access During a site inspection, Council officers identified that the existing site access is excessive in width and does not comply with current Council standards (RS-049 & RS-050). The section of driveway that accesses the rear carpark is narrow, Council is concerned that drivers unfamiliar with the site may be unable to enter in a forward gear, manoeuvre on-site, and exit the site in a forward gear without failure. Information Required 5. Provide additional detail relating to the proposed access. The additional detail must be prepared by a suitably qualified person and include, but not be limited to: a. provide comment on the existing driveway crossover and demonstrate what works can reasonably be done to achieve compliance with RS-049; and b. demonstrate that a B99 vehicle is able to enter the site ina forward gear, access and manoeuvre the rear carpark, and exit the site in a forward gear without failure. Applicant's Response Please review the revised plans crafted by Hiller for a comprehensive visualisation. These demonstrate the following key aspects: e Smooth and efficient vehicular movements across the site. e Seamless accommodation of both B99 and B85 vehicles as they enter in forward gear, navigate the rear car park with effortless maneuvers, and exit the premises without encountering any complications or setbacks. Deliberate attention has been given to designing vehicle access and maneuvering options that ensure uninterrupted traffic flow and secure navigation for all vehicle types. Adhering to these plans will enable the site to effortlessly accommodate a variety of vehicle sizes and movements, prioritising utmost ease and effectiveness. The objective of the applicant is to establish a parking environment that is not only user-friendly but also convenient for customers, staff, residents and visitors. 4 PO Box 1818 07 5474 3873 (5 Noosa Heads [email protected] QLD 4567 rgstrategic.com.au
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Figure 2 B85 Vehicle PO Box 1818 Noosa Heads QLD 4567 07 S474 3873 [email protected] rgstrategic.com.au
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This ends my client's response to matters raised by Council within their Information Request. We ask that Council proceeds with the assessment of this application under section 13.3 of the Development Assessment Rules, effectively ending our applicant's response period. Should you require any additional information or have any queries please to not hesitate to contact us. Kind Regards, /\. nC (i \ | N U uy \ SAS Meal Russell Green APIA MQELA Managing Director RG Strategic 4 PO Box 1818 07 S474 3873 (5 Noosa Heads [email protected] QLD 4567 rgstrategic.com.au
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STRATEGIC SOLUTIONS, CREATIVE THINKING