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30.09.21 Planning Report - Civic Lot 2 - NP 2020 · MCU21/0175
Development Application
Planning Report
Material Change of Use for Office and Showroom
at 28 Eenie Creek Rd, Noosaville described as Lot 3 on
SP246584 (proposed Lot 2)
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Contents
1.0 Summary ............................................................................................................................... 3
1.1 Development application details .................................................................................................... 3
1.2 Planning instrument details............................................................................................................ 3
1.3 Referral agencies ............................................................................................................................. 3
2.0 Site details ............................................................................................................................ 4
2.1 Site description ................................................................................................................................ 4
2.2 Surrounding land uses.................................................................................................................... 7
2.3 Background ...................................................................................................................................... 7
3.0 Proposed development details ........................................................................................... 8
4.0 Planning assessment ........................................................................................................ 10
4.1 Strategic Framework ..................................................................................................................... 10
4.2 Noosaville Local Plan Code .......................................................................................................... 12
4.3 Major Centre Zone Code ............................................................................................................... 13
4.5 Driveways and Carparking Code ................................................................................................. 14
4.6 Other Engineering Works Codes ................................................................................................. 15
5.0 State assessment and other matters ............................................................................... 16
5.1 State interests ................................................................................................................................ 16
5.1.1 Matters established in the Planning Regulation................................................................. 16
5.1.2 State Planning Policy ......................................................................................................... 16
5.2 Other relevant matter under S.45(5)(B) ....................................................................................... 16
6.0 Conclusion .......................................................................................................................... 17
Client Name: Stockwell Development Group Pty Ltd
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version: 1
Date: 29 September 2021
This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: Office and Showroom
Type of approval sought: Development Permit for Material Change of Use
Site address: 28 Eenie Creek Rd, Noosaville
Real property description: Lot 3 SP246584 (proposed Lot 2)
Site area: 31.73ha site (Proposed Lot 2 – 9,550m2)
Assessment manager: Noosa Council
Owner details: Stockwell NC Pty Ltd
Applicant details: Stockwell Development Group Pty Ltd
1.2 Planning instrument details
State planning policy: Bushfire Hazard Area - Potential Impact Buffer
Regional plan: SEQ Regional Plan 2017
Designation: Urban Footprint Designation.
Planning scheme: The Noosa Plan 2020 (25 September 2020)
Zone: Major Centre (5A - Business Park Precinct)
Level of assessment: Impact
Applicable overlays: Nil
Most applicable Strategic Framework
assessment matters: Noosaville Local Plan Code
Major Centre Zone Code
Business Activities Code
Works Codes
1.3 Referral agencies
Energex – Advice Agency (Planning Regulation 2017 - Sc 10, Div 2, Table 2, Column 2b)
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2.0 Site details
2.1 Site description
Table 1 - Site Description
Site characteristic Description
Frontage and The development is located on proposed Lot 2, which is a 9,550m2 allotment
access located in the northeast corner of the Noosa Business Centre. Lot 2 has a 160m
frontage to Walter Hay Drive to the north and east as well as a 155m frontage
to an internal Noosa Civic Road to the south.
The proposed development would gain access via an existing driveway located
on the adjoining lot to the west of proposed Lot 2.
Covenants A 10m wide vegetation covenant extends along the Walter Hay Drive frontage
(Cov I SP182845).
Vegetation Apart from the vegetation located within the covenant, the site has been
cleared and scraped in accordance with previous approvals associated with
RAL18/0032.
Figure 1 - Aerial view and site identification. Source: QLD Globe
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Figure 2 - Extract of approved subdivision
Figure 3 - View from Eenie Creek Road (photo 26/04/2021)
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we
PIVOTAL
Dject site
Noosa Plan Zones
©) Low Density Residential
G Medium Density Residential
@® High Density Residential
Tourist Accommodation
@ Major Centre
@® District Centre
oO Local Centre
C) Neighbourhood Centre
G innovation
OO Recreation and Open Space
@® Environmental Management and Conservation
@ Low Impact Industry
@ Medium Impact Industry
C) Community Facilities
@ Rural
a Rural Residential
@) Precincts 1 - Mary Street Health and Wellbeing Precinct
5- Noosa Business Centre Precincts"
("See below)
6 - Hofmann Drive Business & Industry Precinct
7 - Venture Drive Enterprise Precinct
8 - Lionel Donovan Drive Auto Precinct
10 - Gateway Drive West Makers Precinct
Noosa Business Centre Precincts _5C - Retail Precinct
|) 5A - Business Park Precinct [__] 5D - Village Mixed Use Precinct
[1 58 - Showroom Precinct 5E- High Density Residential Precin<
Figure 4 - ZM 12 Zone and Precinct Map (Source: Noosa Plan 2020)
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2.2 Surrounding land uses
Table 2 - Surrounding Land Uses
Surrounding land uses
North Vegetation covenant to Walter Hay Drive
South Noosa Civic Shopping Centre
East Vegetation covenant to Walter Hay Drive
West A variety of uses including Indoor sport and recreation, Service industry, Shops,
Hardware and trade supplies, Veterinarian Service and Showroom tenancies
2.3 Background
On the 14 August 2003, Noosa Civic Stage One was approved with changes on 17 March 2005 and
13 April 2006. The approval included 7,200m2 of showrooms constructed as part of the original
shopping centre development, with the showrooms known as the Noosa Civic Showroom Precinct
complex.
On the 31 August 2020, Council agreed to settle an appeal 765 of 2020 and approve RAL18/0023
for a Development Permit to Reconfigure a Lot (1 into 23 lots – Decision byway of Court Order
3/9/2020). The associated operational works including clearing for roads and services is currently
being undertaken with plan sealing expected in early 2022.
On 16 September 2021, Council refused a request for Commercial Business Type 1 Office & Type
2 Medical and Retail business - Type 4 Showroom to be assessed under the Superseded Planning
Scheme (SPS21/0290). The Council provided the following grounds for the refusal:
The introduction of the Noosa Plan 2020 has not resulted in an adverse planning change to
the property pursuant to the Planning Act 2016.
An application for the proposed development under the Superseded Planning Scheme is
unlikely to be supported by Council given it conflicts with the outcomes sought for the site.
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3.0 Proposed development details
The proposed development seeks a Material Change of Use of Premises to establish two new
buildings on proposed Lot 2 incorporating the following characteristics:
Building 1 would be a single storey building having a gross floor area of 1,720m² of Showroom
Building 2 would be a 2-storey building comprising:
o 955m2 Showroom at the ground storey; and
o 1,300m2 of Office on the second storey.
Building 1 would have a maximum height of 7.9m and Building 2 would have a maximum height
of 10m to the eave and 12m to the lift overrun.
The development incorporates the following carparking provisions:
o 91 car spaces
o 13 motorcycle/scooter spaces
o 1 SRV service vehicle space
o 1 MRV service vehicle space
o 1 HRV service vehicle space
The development is proposed within a well landscaped setting, consistent with the vegetated
character and landscape design principles of Noosa Shire as detailed in the attached Landscape
Concept Plans prepared by Place Design Group.
Figure 5 - Landscape design plan
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we PIVOTAL Figure 6 - 3D perspective of the proposal Figure 7 - Context Plan of the Emporium Page 9 of 17
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4.0 Planning assessment
4.1 Strategic Framework
The proposal is impact assessable requiring assessment against the Strategic Framework of the
Planning Scheme with the relevant parts provided below.
Strategic Intent
3.2.3 A diverse and resilient economy
The Noosa Business Centre and Noosa Junction are the next level in the hierarchy and are
the major activity centres for Noosa Shire. Both have distinct and complementary roles, with
Noosa Business Centre having a predominant role providing future long-term growth and
employment for the Shire.
The Noosa Business Centre is designated in the South East Queensland Regional Plan 2017
as the only major regional activity centre in Noosa. The major centre offers the greatest
opportunity to accommodate most of the long term growth and development for key priority
sectors including knowledge-based industries such as education and training, health, digital
economy, technology innovation, and research and development.
3.3.5 Strategic Outcomes
Activity Centres Hierarchy
(m) A supportive hierarchy of activity centres shown in Strategic Framework Map SFM-2
- Economy and Employment is maintained to ensure each centre has a defined role
and positively contributes to the local and regional network of centres.
(n) The hierarchy of centres avoids duplication of business and community facilities and
supports an orderly and economically efficient settlement pattern. This allows for a
prosperous, effective and viable network of centres to service the needs of the
community and the provision of employment opportunities.
(o) Under the centres hierarchy, each centre is characterised by its scale and function
and performs a defined role within the hierarchy. The viability of the centres hierarchy
is maximised by preventing out-of-centre development and avoiding incompatible
uses within centres.
(s) The identified role and function of centres within Noosa Shire is as follows:
(i) Major Centres - Noosa Business Centre and Noosa Junction
(A) The major centres of the Noosa Business Centre and Noosa Junction
are the highest level of centre in the Shire offering diverse business,
employment and residential opportunities. These activity centres are
accessible to broad catchment areas across the Shire, offering higher
order shopping and commerce, entertainment, health, education and
community facilities, as well as higher density housing choices. They
are well serviced by public and active transport networks and
increasingly offer active, pedestrian focused street-level
environments. The role and function of these major centres are such
that they are complementary and do not compromise the viability of
each centre.
(B) Noosa Business Centre – is a key higher order centre in the Noosa
Shire as it is designated as a major centre in the South East
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Queensland Regional Plan. It caters for the broader Noosaville,
Tewantin and hinterland areas of the shire. Its role and function are to
provide for a mixed-use Shire-wide Business Centre, with a focus on
employment growth and economic diversification being a key
employment hub for Noosa now and into the future. Innovation and
knowledge-based industries, health, research and education are
present as well as higher order sub-regional retail including a discount
department store and full line supermarket. There is a very limited
increase in retail floor space, recognising the role of the regional
activity centre at Maroochydore in providing high order retail needs.
The Noosa Business Centre (NBC) has a distinctive role, which is acknowledged in the SEQRP and
the Strategic Intent. The existing uses and built form provide a significant difference to that of Noosa
Junction. The NBC provides for Business activities (uses defined under this use group) in a format
that are not found at Noosa Junction and are generally outside the scope for that centre and other
centres in the Shire.
The proposed Business activities (Office and Showroom) are consistent with those already at the
NBC. Although the retail sector is not mentioned in the Strategic Intent as a key priority sector, the
framework does not indicate its exclusion either. The Business activities proposed help the NBC
meet the Strategic Intent’s expectation for the centre by contributing to the long-term growth and
employment for the Shire in a setting consistent with surrounding businesses and by the Framework.
The Strategic Outcomes seek that the NBC provides a defined role without duplication and has its
own character in terms of scale and function, as well as complementing the uses at Noosa Junction.
The Outcomes also indicate there should be limited increase to retail floor space at the centre and
recognises the role of Maroochydore for higher order goods.
Although some areas of the retail sector have reduced in their retail dominance with the introduction
of online retailing, many retailers have adjusted to the change and the shopfronts continue to play
an important role in customer satisfaction and sales. In this regard, the retail sector still provides
important employment opportunities without the decline that was mused in the past. It is also
essential to retain and create local employment opportunities rather than workers needing to migrate
to a regional activity centre for employment. The proposal will provide employment opportunities not
only in retail but has the potential in knowledge based and research and development in office form.
The Strategic Outcomes specifically acknowledges the importance the NBC plays in offering higher
order goods. The proposal is minor in terms of its floor space (2,675m²) across the region and offers
Noosa residents and visitors to the Shire the opportunity for higher order goods which is being minor
in nature and is unlikely to impact on Maroochydore hierarchy.
In terms of total commercial scale (not only showrooms) at the NBC, the proposal increases potential
retail floor space by around 6%, which is considered a minor increase. Given the demonstrated and
significant deficiency of Showroom floor space in the NBC catchment (see section 5.2 of this report),
the proposal satisfies some of that need while not negatively impact on the goods offered by the
regional activity centre at Maroochydore.
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4.2 Noosaville Local Plan Code
The proposal complies with the Noosaville Local Plan Code for the following reasons—
The proposal contributes to local needs of the Shire by offering Showroom and Commercial
floor space which will generate substantial employment opportunities for local workers
complying with Overall Outcome (f), (g) and (h).
The architecturally attractive building contributes to visual amenity - complying with AO3.1,
AO3.2 AO3.3 and PO3.
Views from Walter Hay Drive, part of the major road network, are not intruded upon as the
vegetation in the covenant is fully retained complying with AO4 and PO4 (see Figure 3 above).
The buildings do not exceed the existing mature vegetation within the covenant area, which is
in accordance with AO5, AO6, PO5 and PO6.
The building is an L shape and well-articulated providing variation and depth to the elevations.
Furthermore, given the landscaping to the majority of the perimeter of the site, the design will
sit within this landscaped setting complying with AO7 and PO7.
Providing Showrooms and Offices fully complies with PO9.
The design is an interesting and distinguishable L shaped building which appears as 2
individual buildings rather than one bulky structure. The articulated elevation facing the entry
to the NBC off Walter Hay Drive roundabout provides depth and synergy complementing the
existing mature vegetation. In this regard, the proposal meets the intent and what is demanded
of a key corner building design identified in Figure 7.2.4.5.
Figure 8 - Upper level commercial space and covered carparking
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4.3 Major Centre Zone Code
The proposal fully complies with the Major Centre zone code and the provisions of the Business
Park Precinct for the following reasons:
The proposed business activities are consistent with the scale and intensity of the surrounding
businesses, which consist of other showrooms, shops and Indoor sport and recreation uses in
a floor space format comparable to that proposed and complying with PO1, PO2 and PO3.
Provides employment opportunities and higher order services complying with PO4 and PO5;
Complies with building height setout by AO16 and site cover is of a scale compatible with
surrounding development in accordance with PO17;
Plot ratio of 0.41:1 is significantly less than that permitted of 0.8:1;
Complies with setbacks outlined in AO19;
The proposal is an interesting built form and of a scale consist with adjoining buildings;
The architectural design provides changes in colour and texture, pedestrian connectivity is
improved with marked and direct crossings complying with PO23;
The proposal is providing office space in accordance with PO67 and a well-designed building,
which accords with PO68.
PO66 seeks a combined total of 11,200m² of Showroom for the NBC. Off this, approximately
500m² was allocated to Lot 3 and the balance 3,500m² to Lot 4SP246584 and Lot 1 SP222983.
There is no indication of a ceiling for Showrooms in the Purpose and Overall Outcomes of the
Code. Given the performance-based planning framework of the Noosa Plan 2020 this indicates
that there is a flexibility to the nominated ceiling outlined in this PO. Notably, there is also no ceiling
for Showroom mentioned in the Noosaville Local Plan Code. In the hierarchy of the Codes of the
Planning Scheme, The Strategic Outcomes should be read with more weight than all Codes and
Overlays, while the Local Plan Code has more weight than the Major Centre Zone Code. By placing
the ceiling for Showrooms in the zone code and not in the higher order codes, it is considered the
ceiling is flexible by demonstrating compliance with these higher order codes. In this regard, this
report has demonstrated compliance with these higher order codes.
The Code sets out a precinct for the showroom uses (Showroom Precinct) and the proposal sits
outside the zone, however is immediately beside other Showroom/retail uses and was, under the
superseded planning scheme (prior to 31 July 2020) permitted in this location. As demonstrating in
the court settlement of the Reconfiguring a Lot approval for the site - development should be
undertaken generally in accordance with the precinct plan, but does not require strict accordance.
The proposal is well located to complement the other nearby Showroom uses. Furthermore, a
number of the tenancies in the Showroom Precinct are not Showrooms, however include a range
of other uses such as Indoor Sport and Recreation, Veterinary Services, Service Industry and
Hardware and Trade Supplies. It is calculated that in the Showroom Precinct only approximately
2,828m² of the floor area is used as Showrooms as defined by the superseded planning scheme
in force at the time of the approval and the current Noosa Plan 2020.
Considering the 2,828m² of existing Showrooms in the Showroom Precinct, this results in a balance
of more than 8,300m² of available Showroom space for the NBC. The proposal is well within this
quantum, proposing only 2,675m² of Showrooms.
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It is acknowledged Council’s position is that under the Noosa Plan 2020 these existing tenancies
can be replaced with Showrooms without a further development approval (Accepted Development
– subject to requirements). However, this is broad speculation of the range of uses Council has
permitted in the existing Noosa Civic Showrooms which are not Showrooms, importantly, these
larger format uses occupy Showroom space. It is unlikely that under the current and forecast retail
future, that defined Showrooms, will be provided in each of these tenancies at the same time in the
Showroom Precinct.
In terms of Landscaping the proposal complies with the AO32.3, AO32.4, 32.5 and 32.7 for the
following reasons:
o 23% of proposed Lot 2 will comprise of landscaped areas, far exceeding the required
15%;
o Dense vegetation to Eenie Creek Road will be retained;
o Landscaping to the internal loop road will generally comprise a width of between 1m -
6m and is sufficient to enhance the visual amenity and landscaped character of the area;
o Plantings will comprise a mix of species compliant with PSP2 Landscaping Plants;
o The proposed landscape areas will be appropriate to ensure that a mix of landscaping
can be provided that will soften the built form of the development;
o Carparking areas will be incorporate one advanced canopy tree every 4 spaces; and
o Runoff from the carparking areas will be directed to a bioretention basin positioned
adjacent to the site’s frontage.
4.5 Driveways and Carparking Code
Table 9.4.1.4 of the Code requires the following car spaces for the development setout in Table
below:
Use Planning Scheme Calculation - Area/rate Spaces req
carparking rate
Showroom 1 space per 50m² 2675/50 53.5
Office Upper floor 1 space per 1300/30 43.33
30m²
Total car spaces req 97.83 (98)
Motorcycle rate
1 space per 100m² 3975/100 39.75 (40)
The proposal is providing a total of 91 car spaces and 13 motorcycle spaces. It is considered this
complies with the Performance Outcomes of the Code for the following reasons:
Although less than the minimum number of 98 spaces as required by the Code, it is considered
to be sufficient to accommodate the number and type of vehicles likely to be generated by the
development having regard to the specifics of the use including:-
o the proposed showroom component will not be a vehicle intensive development;
o there is ample parking nearby within the site to cater any peak demand periods should
any overflow occur;
o it is an integrated shopping area with a variety of services available. Customers utilise
multiple purpose trips and therefore will have a lower practical parking requirement than
that set out in the code;
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o the development is within the Shire Business Centre and well serviced by public transport
and the transit hub is proposed directly opposite the site; and
o the development provides bicycle spaces and is well connected to the surrounding cycle
pathways.
The proposed development will provide for driveways, parking and manoeuvring areas
compliant with Australian Standards for off-street carparking.
The applicant has provided a Traffic Engineering Report prepared by TTM which further assesses
the adequacy of the parking onsite.
4.6 Sustainable Building Design Code
The design includes large north facing roof areas suitable for solar power generation. A small solar
array is proposed to cater for the building’s energy requirements, which can be added to and become
an energy positive building.
The design includes large landscaping areas to complement and help break up the hardstand areas,
as well as for passive cooling and permeability. The materials and roof design have been carefully
considered by Buchan Architects both for aesthetic and sustainability qualities. Water quality and
reuse is proposed in the design and the building’s siting is responsive to the existing buildings,
orientation and landscaping. The commercial development has been designed to allow for cross
ventilation and includes open balconies to the entrances, consistent with the Sustainable Building
Design Code.
4.7 Other Engineering Works Codes
The development will be serviced via the existing water and sewerage infrastructure in the Shire
Business Centre. MPN Consulting Engineers provides a Civil Engineering Report addressing the
earthworks, roadworks and servicing requirements associated with the development. The report also
addresses each of the relevant works codes for compliance.
A Stormwater Management Plan is also included demonstrating a concept bioretention plan design
complying with the State Planning Policy and fits neatly into the existing internal road system.
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5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
There are no relevant matters applicable to the application.
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The application does not trigger assessment against for coastal hazards.
5.2 Other relevant matter under S.45(5)(B)
The proposal is considered an inconsistent use in the Business Precinct and subject to impact
assessment. Under s.45(5)(B) of the Planning Act 2016, the applicant considers planning need is a
relevant matter and is discussed below.
A Noosa Shire Retail Plan, Sunshine Coast, prepared for Noosa Shire Council by Location IQ and
dated February 2018 (NSRP) was prepared to inform the Noosa Plan 2020. In the end, this report
was not adopted or endorsed by Council. It was cited (General Committee Agenda 13 September
2021 item 8) that Council specially sought to only allow an additional 4,200m² of Showroom in order
to maintain a mixed-use centre by introducing a range of other options including residential uses.
Notwithstanding the NSRP was not endorsed or adopted by Council, the content indicates a
deficiency of large format retail/Showroom of 22,600m² (by 2021) for the NBC catchment and a
significant amount of expenditure escaping the region. Although Council sought for more of a mixed-
use major centre zone, the demand and need for Showrooms is still significant and should not be
ignored. The Noosa Plan higher order Strategic framework and Local Plan Code do not place a
ceiling on the quantity of Showrooms, which provides obvious allowances for the quantity to reflect
need in a Performance based scheme.
In support of the undersupply of Showroom in the Shire as identified by Location IQ in 2018, there
have been further changes in the trade catchments, including the adjoining Noosa Civic Showrooms.
The undersupply is further exacerbated by the Showrooms along Gibson Road and the Homemakers
Centre both being altered into larger format Shops, Health Care Services, Service Industry and
Indoor Sport and Recreation, resulting in a shortage of supply for mid-size showroom tenancies
(between 400m2 and 2,000m2). Given the significant undersupply in Showroom floor space in Noosa
Shire the proposal goes someway to alleviate the deficiency.
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6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Office and Showroom
at Lot 3 at 28 Eenie Creek Rd, Noosaville (NBC).
The assessment finds the proposal complies with the Noosa Plan 2020 for the following reasons:
The proposal complies with the Strategic Framework of the Noosa Plan 2020;
Complies with the Noosa Plan 2020 centre hierarchy;
Proposes uses in a format not suited to the Noosa Junction but complements the NBC;
Provides Business activities which are distinguishable to the NBC and not duplicating those in
the Noosa Junction;
Offers higher order goods to retain economic outcomes;
Does not significantly increasing retail floor space;
Is contributing to the employment and long term expectations of the NBC;
Is not negatively impacting on the regional retail hierarchy and Noosa residents will still need
to travel to Maroochydore for some higher order goods;
Delivering a built form that provides articulated facades, appears as separate structures in a
landscaped setting;
Retains all vegetation within the covenant;
Satisfying a planning need to help offset a demonstrated significant undersupply of Showroom
in the NBC catchment; and
Is well located adjacent to other Showrooms complementing that built form.
The assessment finds the development complies with the Strategic Framework, Purpose and Overall
Outcomes of the relevant codes. The Assessment Manager’s favourable consideration of the above
development application is therefore recommended.
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Used in these records
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