Delegated Report - Code - Planning MCU20 0002.01

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0002.01
Applicant	Davidson Property Trust No. 1 and No. 2
Proposal	Material Change of Use - Food and drink outlet
Properly Made Date	11 November 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	20 April 2022
Report Completed Date	14 April 2022
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	Seven Flags 195 Weyba Rd Noosaville Qld 4566
RP Description	BUP 102401
Land Area	618m2
Existing Use of Land	Offices

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Neighbourhood Centre
Precinct	Not Applicable
Local Plan Area	Noosaville
Overlays	Acid Sulphate Soils Flood Hazard overlay
Assessment Type	Other Change to Approval Code
PROPOSAL
The application seeks approval for an Other Change to include a Food and drink outlet to an existing and approved office building.  The applicant proposes a minor reconfiguration to the existing ground floor office area to permit the establishment of a small coffee shop (Food and Drink Outlet – Perky Turkey).  The proposed outdoor seating and café are located at the front of the property facing Weyba Road with outdoor dining on existing deck area. The area to be used for patron seating is 15.6m2.
An internal building fit out to accommodate the use, with no external building works proposed.
The proposal can be defined as an Other Change to Approval in accordance with Schedule 1 of the Planning Act 2016.  The Other Change will consist of:
Reuse of internal office area of 15.6m2 for operations and storage,
Reuse of external deck area of 15.6m2 for tables and chairs, and
Extension of approved operating hours to operate an additional hour daily (start 6am in lieu of 7am).
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Approved Elevations
site details
Background
The site previously accommodated a 2 storey building and open car park at the rear of the site.  The building was divided into 2 tenancies accommodating a shop and licensed restaurant approved via approval no. DNA175 on 7 December 1989.
In January 1994 Council approved additions to an existing General Store and Restaurant (TPC 2589).
This building was extensively renovated and extended in accordance with a Material Change of Use approval for Commercial Business - Type 1 Office under Noosa Plan 2006 on 30 April 2020. The building was completed in 2021.  4 car parking spaces and 4 motorcycle spaces was approved on site.
The applicant requested that the current period be stopped on 10 January 2022.  Decision period recommenced 5 April 2022.
Site Description
The site is generally flat with existing mature vegetation in garden landscaping around the building frontage.  The existing building is 2 storeys with undercroft parking at the rear accommodating 4 vehicle spaces.  Existing fencing is located on the southern boundary and a short distance along the western boundary.  Existing driveway access is from Swan Street.
Surrounding Land Uses
The site is bounded on the north by Weyba Road with Weyba estuary located to the north.  The eastern boundary adjoins Swan Street.  Existing residential units are located to the east with driveway access fronting Swan Street.  To the south is a single storey detached house orientated with the garage adjacent to the side boundary fence.  The western boundary of the site adjoins an existing medical centre fronting Weyba Road.  The surrounding area is generally residential to the south and west with existing shops/ commercial in the neighbourhood centre zone along Weyba Road.

assessment
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Neighbourhood Centre Zone Code;
Noosaville Local Plan Code;
Business Uses Code;
Driveways and Parking Code.
The subject site is located in Noosaville and is zoned Neighbourhood Centre. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.
Car parking and Use Area
Previous approvals across the site have required monetary contribution and provision of off site carparking and the coach set-down bay in Weyba road.  A total of 5 car parking spaces were to be accommodated on site for the existing uses. 12 spaces plus coach space have been previously recognised for uses on this site through contributions and offsite provision.
The site currently provides 4 car spaces and 4 motorcycle spaces under the existing approval.
Existing Condition 7 reads as:
The outdoor deck areas are not included in the use area calculations and must only be used for pedestrian passage or thoroughfare unless otherwise approved by Council.
The Food and Drink use proposes to utilise some of the outdoor deck areas as use area. The car parking rate specified by the Driveways and Parking Code for an office use is 1 space per 20m2. The car parking rate for a Food and Drink is also 1 space per 20m2.  Outdoor deck areas are to be used for the Food and Drink, kitchen and food storage areas (internally) for a Food and Drink outlet are not included in the use area calculations. For this reason, the proposal does not increase the use area for the site and therefore additional parking is not required to accommodate the Food and Drink use.
The applicant has requested that Condition 7 be changed as follows:
Part of the outdoor deck as identified within the approved plans is used exclusively for the Food and Drink Outlet. All other deck areas are not included in the use area calculations, and must only be used for pedestrian passage or thoroughfare unless otherwise approved by Council.
It is agreed to change Condition 7 with a minor modifications including reference to the relevant floor plan.

Hours of operation
Existing Condition 5 reads:
The approved use must not operate outside the hours of 7am and 9pm daily.
This relates to the approved office use.  The applicant has requested to change this condition to:
The approved use must not operate outside the hours of 6am and 9pm daily.
A change to this condition will allow both the office and food and drink use to operate as early as 6am each morning, even though the applicant’s intent is for the Food and Drink outlet to operate earlier.
Acceptable outcome AO11.1 (a) of the Business Activities Code states:
The use or activity does not operate outside the hours of 7:00am to 9:00pm, seven days a week, where the site directly adjoins land in the following zones:
All residential zones, except for the Tourist accommodation zone
Corresponding Performance outcome PO11 of the Business Activities Code further states:
Business activities are operated in a manner that avoids or minimises evening, early morning or weekend noise nuisances to sensitive land uses, particularly surrounding residential uses.
Residential development adjoins the site to the south and to the east in Swan St.   Patrons on site eating and drinking outside and associated car movements in the early morning are likely to have impacts on adjoining residential dwellings. Occupation of the site earlier than 7am is not appropriate in locations such as these due to impacts on sensitive land uses.
Strategic Planning were consulted to determine if there are future consideration for changing operating hours for business uses outside hospitality precincts as specified in Noosa Plan.  Strategic Planning advised there is no intention to change operating hours for these uses where adjoining residential development.
The applicant’s consultant has been advised that there is no support for earlier trading hours for the Food and Drink outlet.
The request to change existing Condition 5 is not supported due to impacts on amenity to adjoining residential uses.
3.	cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Strategic Planning
conclusion & reasons for decision
While the proposal for the Food and Drink outlet is consistent with Noosa Plan 2020 and is supported, the proposed opening time from 6am daily is not consistent with adjoining residential uses and is not supported.  A Food and Drink outlet is consistent with the zone and the existing approval for the site.
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU20/0002.01 for an Other Change to a Material Change of Use - Food and drink outlet situated at Seven Flags 195 Weyba Rd Noosaville and described as BUP 102401, it is recommended the application be approved in accordance with the following details for the Decision Notice and:
Agree to Change Conditions 2 and 7; and
Agree to Development Permit for an Other Change to a Material Change of Use for Commercial Business - Type 1 Office and Food & Drink outlet
Refuse to change Condition 5 for the following reason:
Early morning trading hours for the Food and Drink does not comply with Acceptable outcome AO11.1 (a) and Performance outcome PO11 of the Business Activities Code, as residential land uses adjoin the subject site and there are likely to be noise impacts on adjoining residential property.

application details
Application No:	MCU20/0002.01
Street address:	Seven Flags 195 Weyba Rd Noosaville Qld 4566
Real property description:	BUP 102401
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for an Other Change to a Material Change of Use for Commercial Business - Type 1 Office and Food & Drink outlet
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
CD-00	A	Site Plan prepared by Andrew Bock Architecture as annotated by Council	27/11/19
CD-D01	A	Ground Floor Plan prepared by Andrew Bock Architecture as annotated by Council	Mar 20
CD-D02	A	Upper Floor Plan prepared by Andrew Bock Architecture as annotated by Council	Mar 20
CD.E01	A	Exterior Elevations prepared by Andrew Bock Architecture	27/11/19
CD.E02	A	Exterior Elevations prepared by Andrew Bock Architecture as annotated by Council	27/11/19
CD-Z01	A	Street Views prepared by Andrew Bock Architecture as annotated by Council	20/01/20
CD-Z02	A	Street Views prepared by Andrew Bock Architecture as annotated by Council	20/01/20
01	A	Site Plan (Food and Drink), prepared by Suncoast Studio	05-11-2021
02	A	Floor Plan (Food and Drink), prepared by Suncoast Studio	05-11-2021
Referenced Plans and Documents
Development must be in accordance with the following referenced plans and documents as amended by conditions of this approval:
Document/Plan No/ Ref.	Rev.	Document/Plan Name	Date
File ref: 7465	n/a	Stormwater Management Plan (SWMP) prepared by Black & More	20/03/2020
Plan ID: SK01	n/a	Applicant’s motorcycle parking sketch plan as annotated by Council	29/04/2020
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.  The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works* OR Building Works*, whichever comes first, and must include the following:
Delete car parking space P2 in the south-western corner of the carpark;
Provide minimum 1.3m wide landscaping buffer to the southern boundary of the site;
Include 4 motorcycle spaces of dimensions in accordance with AS2890.1, on the southern side of the carparking area in lieu of car space P2 generally as shown on the Applicant’s motorcycle parking sketch plan, Plan ID SK01, and dated 29/04/2020 as annotated by Council.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
The approved use must not operate outside the hours of 7am and 9pm daily.
The requirements of Condition 5 must be included in the Community Management Statement for any body corporate for the subject site and a copy of the amended statement forwarded to Council prior to the use commencing.
Part of the outdoor deck as shown on approved Floor plan no. 02, Issue A dated 05-11-2021 and prepared by Suncoast Studio can be used exclusively for the Food and Drink Outlet at a total of 15.6m2 only. All other deck areas are not included in the use area calculations, and must only be used for pedestrian passage or thoroughfare unless otherwise approved by Council.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by the expiration of 6 years from the date of commencement of the approval, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 9.3 metres for that part of the building with roof pitch of 25 degrees and 8 metres for all other parts of the building.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Parking
A total of 4 car parking spaces and 4 motorcycle spaces must be provided on site.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works* OR Building Works*, whichever comes first. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Waste management
A Waste Management Plan must be submitted in accordance with Planning Scheme Policy 11 - Waste Management Plan and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Building Appearance
All mechanical equipment and other service infrastructure located on the site must be:
located not less than 2 metres from a property boundary
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
No part of the site may be used for outdoor storage of materials unless specified on the Approved Plans or the conditions of this Decision Notice.

LANDSCAPING
Dense landscaping must be provided to the southern boundary for a minimum width of 1.3 metres and include:
Syzygium australe, Syzygium leuhmanni or Syzygium hemilampra in minimum pot sizes of 300mm planted at maximum spacing between stems of 1m.
Pruning must be limited to lateral (side) branches until the plants have reached a height greater than 3 metres.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
Soil for landscaping must provide for healthy and sustained site specific vegetation performance.
All landscape works must be established and maintained in accordance with the approved plans and conditions of approval for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
ENGINEERING
Site Access, Car Park and Driveways
The existing driveway must be removed and a sealed access driveway must be provided from Swan Street (approximately in the same location as the existing) to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover in accordance with Council’s standard drawing RS-051and respective addendum; and
reinstatement of damaged kerb and footpath contiguous to the driveway.
All car parking areas, motorcycle parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
The car park area is to be sealed and parking spaces must be clearly delineated and marked.
Directional signage must be provided to direct vehicles to the car parking spaces provided on site.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken generally in accordance with Black & More’s Stormwater Management Plan (SWMP) for the subject site, dated 20/03/2020, File ref: 7465.
The site specific SWMP must be approved as part of the subsequent Building Approval.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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