51981.3345.01 & 51984.3154.01 APPPLICATION FOR A MINOR CHANGE TO DEVELOPMENT APPROVALS FOR A SEAFOOD KIOSK AT 185 WEYBA ROAD, NOOSAVILLE · Report

Page 2

PLANNING & ENVIRONMENT COMMITTEE MEETING                                       10 SEPTEMBER 2024


  Local Area Plan                  Noosaville

  Overlays                         Acid Sulfate Soils (5m AHD or Below)
                                   Flood Hazard Overlay (Flooding and Inundation Extent)

  Assessment Type                  Minor Change to Development Approval

EXECUTIVE SUMMARY
This report provides an assessment of an application to change two existing development approvals
for a seafood kiosk to establish a bakery at 185 Weyba Road, Noosaville. The kiosk is located at
the Weyba Road frontage and directly abuts a dwelling on the same land.

The proposed changes include an increase to the approved use area by 7m2 and the addition of a
48m2 outdoor dining area proposed to seat 10 diners at the front of the building. The bakery is
proposed to operate from 6am to 5pm seven days a week, with the bakers commencing their shifts
at 4:30am and 5:00am and front of house staff at 6:00am, 6:30am and 7:00am.

The two (2) existing development approvals for the seafood kiosk (defined as a ‘refreshment service’)
were issued under the 1973 Planning Scheme. These approvals were decided by Council at the
time, contrary to the Planning Officer’s recommendation to refuse the applications as the subject site
was zoned Residential A under the 1973 scheme. Council's approvals included conditions on the
Consents limiting the use to the sale of seafood for takeaway only, with the consumption of food and
drinks on site specifically not permitted. When these approvals were issued, a bakery was
separately defined as a ‘service shop’ under the 1973 scheme, which was listed as an inconsistent
use in the Residential A zone. The proposed bakery (service shop) is therefore not interchangeable
with the approved seafood kiosk (refreshment service) under the 1973 scheme. It is noted the
seafood takeaway can continue to operate under the current approval.

The site is zoned Medium Density Residential under Noosa Plan 2020 and is intended to be
developed for dual occupancies and multiple dwellings, with bakeries, shops, commercial uses and
the like to be located in a Centre zone.

The proposed bakery is not consistent with the medium density residential zoning and is more
appropriately located in a centre zone with vacant tenancies noted in all centres currently. The
proposed bakery is also materially different to the approved takeaway seafood kiosk with its very
early morning starts, on-site dining, additional staff and increased car parking demands and does
not constitute a ‘minor change’ pursuant to the Planning Act 2016.

Further no additional on-site car parking is able to be provided to cater for the increased use area
and anticipated additional staff, and no acoustic measure have been proposed to address potential
noise impacts.

The application is therefore recommended for refusal.
RECOMMENDATION
That Council note the report by the Senior Development Planner to the Planning & Environment
Committee Meeting dated 10 September 2024 regarding Application Numbers 51981.3345.01 &
51984.3154.01 to make a minor change to two (2) development approvals for a takeaway seafood
kiosk situated at 185 Weyba Rd, Noosaville and:
   A. Refuse the change for the following reasons:
        1. The proposed changes do not constitute a minor change to the development approvals
           as defined by the Planning Act 2016, as the changes will result in a substantially different
           development.

Page 3

PLANNING & ENVIRONMENT COMMITTEE MEETING                                   10 SEPTEMBER 2024


      2. The proposed bakery (service shop) is not consistent with the Residential A zoning intent
         under the 1973 Planning Scheme for Noosa Shire or the Medium Density Residential
         zone under Noosa Plan 2020 and is more appropriately located in a centre zone.
      3. The proposed bakery is not consistent with Overall Outcomes 2(a), (d), (e) & (j) and
         Performance Outcomes & Acceptable Outcomes PO1, PO5, AO5.1, AO5.2 of the
         Medium Density Residential Zone Code under Noosa Plan 2020 as:
           a. The proposed bakery is not a residential use and is not compatible with surrounding
              residential uses.
           b. The proposed bakery is more appropriately accommodated in a centre zone and
              the land maintained for dual occupancies, multiple dwellings and the like.
           c. The proposal is likely to adversely impact on surrounding resident’s amenity.
  B. The proposal is not consistent with Overall Outcomes 2(a) & (b) and Performance Outcome
     and Acceptable Outcome PO6 and AO6.1 of the Driveways and Parking Code as the
     proposal provides insufficient on-site car parking and is likely to generate additional demand
     for car parking compared to the takeaway seafood kiosk.