Town Planning Report · 132002.220269.1

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Please refer to the attached proposal plans for further details.


2.        STATUTORY PROCESS:

This request is considered to constitute a minor change in accordance with
Section 79 of the Planning Act 2016 on the grounds that:

      •    the change will not result in substantially different development as the
           development as it only seeks small extensions to an existing restaurant;
      •    the change does not include prohibited development;
      •    the change would not require the application to be referred to any
           additional referral agencies; and
      •    the change is not likely to generate a properly made submission
           objecting to the development.

On this basis, it is considered that a lawful process in making the request
under s79 of the act has been followed.

In accordance with Section 81 of the Act, in assessing and deciding
applications for minor changes, the responsible entity:

(3)
      (a) must assess against, or have regard to, the matters that applied when
          the development application was made; and
      (b) may assess against, or have regard to, the matters that applied when
          the change application was made

An assessment of the proposed changes against the key outcomes of the
planning scheme is provided below:-

3.        PLANNING SCHEME REVIEW

An assessment of the proposed changes against the key outcomes of the
current Noosa Plan that apply to the changes is provided below:-

Noosaville Locality Code

The proposed extensions to the outdoor dining areas comply with the overall
outcomes of the Noosaville Locality Code as they:

      •    create an active, vibrant and pedestrian friendly streetscape and
           reinforce Gympie Terrace as the primary tourism focus for Noosaville;
      •    directly service visitors in the immediate area and foreshore users;
      •    are orientated to face the street and respect the residential amenity of
           visitors and residents within surrounding developments;
      •    involve entertainment and dining activities that operate into the
           evening and create a vibrant atmosphere; and
      •    provide for carparking located at the rear of the premises.

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Landscaping Code

The plantings within planter boxes require removal to allow for the proposed outdoor
dining areas. Despite these being removed, the development will continue to
achieve the overall outcomes of the Landscaping Code as it ensures that plantings
are maintained throughout the development, particularly along the side and rear
boundaries, to screen and soften the built form of the development.

Driveways and Carparking Code

The existing approved restaurant comprises a total area of 86m2, consisting of
66m2 of indoor restaurant and a 20m2 outdoor dining area.

The original approval, which consisted of a Dwelling Unit and Restaurant,
required a total of 17 car spaces to be provided for the development, which
are located to the rear of the premises.

Probable Solution S7.1 of the Driveways and Carparking Code seeks that Type
1 Food & Beverages provide a vehicle parking rate of 1 space per 10m2, or
part thereof, of use area and outdoor dining area (excluding kitchen and
food storage areas) on the property. The development would therefore
trigger a total of 8.6 spaces minus the area rate occupied by the kitchen.

The existing development therefore provides a significant surplus in car
parking when considering it against the requirements of the planning
scheme.

The proposed outdoor dining areas, having a total use area of 7.15m2, would
only trigger 1 additional space, which can comfortably be provided onsite.

As a result of the changes, the following changes would have to be made to
the decision notice:

Approved Plans

The following plan would replace the existing approved Ground Floor Plan
identified in condition 1 of the approval:

 Plan No.      Plan / Document Name                   Dated
 29.502.2A     Ground Floor Plan, prepared by         May 2002
               Andrew McKellar Design                 (as amended 02/04/2018)

Conditions

As a result of the amendments, Condition 5 would also require changing as
follows to reflect that the outdoor dining areas replace the planter boxes:

5.     The open space and setback areas are to be landscaped in
       accordance with Council’s Policy on Landscaping Guidelines
       and a properly prepared landscape plan. Such landscaping is to be

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       completed prior to the premises being occupied and maintained at all
       times thereafter.


This report identifies that the proposed development constitutes a minor
change and does not raise any significant issues against the current Noosa
Plan.

Should you have any questions in relation to the proposal, or any aspect of
the development, please do not hesitate to contact our office on 0473 355
912

Yours faithfully,
	
  

Callie Brennan