2021-01-18 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                               18 JANUARY 2021


2.   SITE DETAILS
2.1. Background
The site was originally established under a special Development Lease granted by the State
Government in 1991.
As such it was not the subject of development consent from Council. The complex consists of a
marina, commercial and professional premises, restaurants and shops. On 21 March 2003 Council
adopted an amendment to its (superseded) Planning Scheme and zoned the site Special Facilities
Zone (Marina and associated commercial uses as shown on plan of development). The Plan of
Development (POD) identified the extent of the development, commercial tenancies on the site
and designated outdoor dining areas and made shops and restaurants self-assessable uses, with
no approval required.
The Special Facilities zoning and POD have been since over taken by the zoning applied to the
marina by the Noosa Plan 2006 and Noosa Plan 2020, with the site now zoned Recreation and
Open Space under The Noosa Plan 2020.
Tenancies 2A & 8A have both been operating as restaurants for some time, with the area to be
enclosed for Tenancy 2A approved for outdoor dining under the POD.
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;
   The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The State Planning Policy has been deemed by the Minister for Local Government and Planning
as appropriately reflected in the Planning Scheme and therefore does not warrant a separate
assessment.
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 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 subject site is zoned Recreation & Open Space under The Noosa Plan 2020. The proposed
extension to the Food and Drink Outlet and new Shop Tenancy are both identified as consistent
with uses and are required to follow a code assessable application process.
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
    Tewantin Local Plan Code
    Recreation & Open Space Zone Code
    Business Activities Code
    Works Codes

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