Delegated Report - Code - Planning MCU18 0144 · MCU18/0144

Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0144
Applicant	Noosa Junction Properties P/L
Proposal	Material Change of Use - Entertainemnt & Dining Business - Type 1 Food & Beverage
Properly Made Date	10 September 2018
Information Request Date	27 September 2018
Information Response Date	3 October 2018
Decision Due Date	16/ November 2018
Report Completed Date	30 October 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	1 Arcadia St Noosa Heads Qld 4567
RP Description	Lot 232 RP 95668
Land Area	496.0000 m²
Existing Use of Land	Shops

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Business Centre
Overlays	N/A
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use Entertainment & Dining Business - Type 1 Food & Beverage. The proposal includes 2 tenancies within the complex and is adjacent to another restaurants outdoor dining area (currently Eddie Cheeba’s). The application is to provide outdoor dining associated with tenancies 4a and 4b.  The proposal seeks to use the entire of tenancy 4a for kitchen and storage areas and the associated outside area of 24m² for outdoor dining. Shop 4b seeks 21m² of internal use and 18m² for outdoor dining. Figures 1 and 2 below show the areas which are requested to be used.

Figure 1 - Proposed outdoor dining area

Figure 2 - proposed outdoor dining area
The application would otherwise be ‘accepted development subject to requirement’ but for the inclusion of the outdoor dining areas. The Planning Scheme allows uses to be interchangeable in this zone if there is no new outdoor dining or expansion of buildings.
There is no car parking provided on site.
site details
Surrounding Land Uses
Businesses typically seen in the centre zone.
assessment
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.
The following codes from the Noosa Plan are applicable to this development:
Noosa Heads Locality Code
Business Uses Code
Landscaping Code
Engineering Works Code
The subject site is located in the Noosa Heads Locality and is zoned Business Centre. The proposed use is defined as a consistent use within the zone and is required to follow a code assessment application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Car parking
No car parking is provided on site. In these circumstances a credit for the spaces for the use at the time of the original approval is applied. The following Table provides an analysis of the car parking for the 2 tenancies.
Shop	GFA	Parking credit 1 space per 20m²	Proposed Use Area excluding kitchen and food storage	Parking required 1 space per 20m² of use area	Surplus	Comply
4a	36m²	1.8 spaces	No internal area calculated (the entire tenancy  is kitchen and food storage) 24m²	1.2 spaces	0.6 space	
4b	39m²	1.95 spaces	Internal  18m² Outdoor dining 18m²	1.8 spaces	0.15 space	
Totals		3.75 spaces (4 spaces)	60m²	3 spaces		
The proposal is credited 3.75 spaces. The proposal requires 3 spaces and given the 3.75 credit, complies with the car parking provisions of the Planning Scheme.
Landscaping
The Noosa Heads Locality Code seeks outdoor dining areas are designed and located to be aesthetically pleasing, in keeping with the existing character and adds to the landscaped streetscape without adding to the perceived building bulk. In this regard, a condition is included to ensure some softening is undertaken in the form of planter boxes or the like to the frontage.

conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU18/0144 for a Material Change of Use – Entertainment and Dining Business - Type 1 Food & Beverage situated at 1 Arcadia St Noosa Heads and described as Lot 232 RP 95668, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU18/0144
Street address:	1 Arcadia St Noosa Heads Qld 4567
Real property description:	Lot 232 RP 95668
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use  Entertainment and Dining Business - Type 1 Food & Beverage
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
01	A	Site Plan, prepared by Epoch Architecture	24/07/18
06	C	Indicative 4A Kitchen/Seating Plan, prepared by Epoch Architecture	03/10/2018
07	C	Indicative 4B Kitchen/Seating Plan, prepared by Epoch Architecture	03/10/2018
Nature and Extent of Approved Use
The approved use must not operate outside the hours of:
7am to 10pm  Sunday to Thursday
7am to 12am Friday and Saturday
The requirements of this decision notice must be included in the Community Management Statement for any body corporate for the subject site.
The approved outdoor dining area must not exceed the size of the kitchen and food storage area of the associated Entertainment and Dining Business Type 1 Food & Beverages tenancy (4A & 4B).
Outdoor dining treatment
Landscaped planter box/s with a maximum height of 0.6m and a minimum width of 0.4m must be provided to the frontage of tenancy 4A with an allowance for patron access if applicable. Any solid structure for the planters must have an interesting finish such as timber panelling or the like and not a rendered masonry finish.
Existing garden beds must be retained and enhanced with native species in accordance with Council’s PSP3 landscaping Plants and Guidelines.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT