2022-11-08 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                8 NOVEMBER 2022


2.    SITE DETAILS
2.1. Background
The commercial building fronting Memorial Avenue was re-built in the 1940s in an art deco style
following a fire that occurred in the street. Historically, the building has been used for a range of
commercial activities including a food and drink outlet and has existing use rights for this purpose.
The building at the rear appears to have been established pre -1945 and the applicant has provided
photographic evidence that the building has been used for a variety of retail purposes.
The applicant has submitted that the outdoor dining areas to the rear of the premises have been
used historically, however a review of Council records does not support this claim. It is noted that
Council staff advised the owners in 2021 that a development application was required for the
outdoor dining area.
2.2. Site Description
The site has an area of 464m2 and 10.058m frontage to Memorial Avenue to the north. The site
includes a main building fronting Memorial Avenue used as a cafe along with outdoor door dining
areas at the rear and side of the building. A shed is located at the rear of the premises and is
currently used as a shop with antique sales.
2.3. Surrounding Land Uses
The site is located within the township of Pomona and is surrounded by a variety of commercial
uses expected within a town centre.
3.    ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
•     State Planning Policy;
•     South East Queensland Regional Plan;
•     Planning Regulation 2017;
•     Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
•    SEQ Regional Plan
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
•     Local Centre Zone Code;
•     Hinterland Villages Local Plan
•     Business Activities Code
•     Works codes

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