MCU12/0023 Development Application Part 2 of 2 Town Planning Report

5.1       REGIONAL PLANS

The site falls within the Urban Footprint under the South East Queensland Regional Plan 2009 - 2031. The
proposal is consistent with the intent of the Urban Footprint.

5.2       PLANNING SCHEME LOCALITY, ZONING AND OVERLAYS

The site falls within the Eastern Beaches Locality and within the Semi-Attached Housing Zone and Open Space
Recreation Zone under the Noosa Plan. The Eastern Beaches Locality Plan provides the level of assessment tables
for the different types of development. Under this Plan, the proposed uses are subject to impact assessment.


The only applicable overlay for the subject site is the Eastern Beaches Natural Hazard: Bushfire and Acid Sulfate
Soils Overlay (Map OM4.4), which shows the site as Low Potential Acid Sulfate Area 5-20m AHD. Given there are
no earthworks required as part of this development, no further assessment in relation to acid sulphate soils has
been undertaken.

5.3       PLANNING SCHEME CODES & POLICIES

The following codes are applicable to this development application:
    n   Eastern Beaches Locality Code
      n    Business Uses Code
      n    Visitor Accommodation Code


The Overall Outcomes of each of the above codes are addressed in Sections 5.3.1 - 5.3.3 below. Due to the minor
nature of the proposal, a full assessment against the Specific Outcomes and Probable Solutions of each code has
not been carried out as these criteria relate primarily to the establishment of new uses rather than minor
extensions to existing approved uses.


The key issues of design/character and noise impacts are adequately addressed in the responses to the Overall
Outcomes provided below. Compliance with Table 14-10, Specific Outcome 036/Probable Solutions 536.1- S36.3
of the Business Uses Code in relation to design and operation of the proposed outdoor dining area can be
regulated through conditions of approval. Specifically, it is recommended that the eastern outdoor dining area,
fronting David Low Way, be limited to operating hours of 7am - 10pm.


The provisions of Planning Scheme Policy 14 - Outdoor Dining largely relate to the design, construction and
ongoing operation of the outdoor dining activity rather than the assessment of whether the actual use is
appropriate. Notwithstanding, the policy "recognises that outdoor dining is an integral part of the dining
experience offered..." and seeks to encourage outdoor dining areas and structures that are aesthetically pleasing
and user friendly in locations that "will not result in significant adverse impacts on adjacent uses". The design and
overall appearance of the podium area to be used for outdoor dining was assessed as part of the previous
development application approved by the Planning and Environment Court in 2010 (Appeal No. 2587 of 2009).
The current proposal merely seeks approval to allow the inclusion of tables and chairs outside the approved
restaurant use. Any structures or shelters that are used within this area will be fully compliant with the provisions




 PLANNING REPORT - Revision A                         -'.,A - 219 David Low Way. Peregian Bea