Town Planning Application (00008836) · MCU15/0091

Our Ref: 	15027/16300ks.mv

25 September 2015

The Chief Executive Officer
Noosa Council
Via: [email protected]

Attention:  Mr Jack Lewis

Dear Sir,

Lodgement of Development Application
Development Permit for a Material Change of Use for Entertainment and Dining Business (Type 1 Food & Beverages - restaurant) to be located at 287 Gympie Terrace, Noosaville

This letter has been prepared to support a development application submitted on behalf of the applicant, Ganian Polo Pty Ltd. The venue, trading as “Elvis’s Café” has an existing approval for “Retail Business” which allows a café with dining facilities up to 10 people (please refer to Attachment A).  However, this restriction on patrons is financially unviable and is an inefficient use of the premises and its waterside location.

The café operator (the applicant) now seeks a Development Permit to allow for a greater number of patrons at the venue (about 50).  Specifically, the proposal will be a Material Change of Use Entertainment and Dining Business – Type 1 Food & Beverages.  It is relevant to note that the café already accommodates this number of patrons, and has done for several years, albeit without the correct approval in place.

The site is located in the Visitor Mixed Use zone and the application will be required to follow the impact-assessable process.  Although requiring impact assessment, the proposal is nevertheless considered a consistent use.

In accordance with the Sustainable Planning Act 2009 (the Act) the application includes the following documents:
IDAS forms parts 1 and 5 duly completed;
Owner’s consent;
The Council’s electronic communication consent form duly completed;
Existing approval documents (Attachment A).
The proposal plans prepared by Jim Moehead Building Design & Drafting in Attachment B; and
An email from Council confirming 12 existing car spaces credited to the use (Attachment C).
The application fee is calculated at $4,302.10. Please note that the application fee will be paid once receipt of the application is confirmed.
1.0	Site and Surrounding Uses
The site is located at 287 Gympie Terrace, Noosaville and is part of a mixed use development containing ground floor commercial uses, and upper level residential uses.  The café is contained in Tenancy 3, legally described as Lot 3 on BUP 106812.

The tenancy has been illustrated below in Figure 1.

Figure 1 – Aerial Photo

Subject Tenancy
Subject Tenancy
Overall Site
Overall Site

The overall site is topographically level and comprises an area of 4,164m2.  The primary use of the site is for 3 storey holiday accommodation, related to ‘Offshore Noosa’, with ground floor cafés (including the subject tenancy). Areas of dense landscaping are provided generally along the site’s boundaries as well as internally throughout the development.

The subject tenancy is located on the ground floor of the ‘Offshore Noosa’ building and is accessed via a wide pedestrian entrance point from Gympie Terrace (directly in front of a pedestrian crossing). The tenancy is located largely underneath the apartment building with a shade sail structure shading the frontage. Dense landscaping buffers the front of the subject tenancy.

The overall site is provided with 2 street frontages, Gympie Terrace to the north and Weyba Road to the east. Each frontage is improved with a pedestrian pathway, grassed verge and attractive landscaping. The Weyba Road frontage comprises on-street parking whilst the overall site (and subject tenancy) is provided with ground level parking via a crossover to Weyba Road.

Refer Figure 2 for a street view of the subject tenancy.

Figure 2 – Street View

Adjoining the site to the south-east is a single storey detached dwelling which operates as a restaurant (‘River Cottage Restaurant’), further to the south are two apartment buildings, whilst to the west is a single storey detached residential dwelling.

The overall site is largely surrounded by apartment buildings and restaurant/cafés serving the tourism trade of Noosaville. To the north of Gympie Terrace is the Noosa River and associated riverside esplanade.
2.0	Proposed Development
Full details of the proposed development are provided in the proposal plans prepared by Jim Moehead Building Design & Drafting in Attachment B. Application drawings comprise the following:

Drawing Description	Drawings No	Drawing Date
Site Plan	140212-A1 Rev B	27.04.15
Floor Plan	140212-A2 Rev B	27.04.15
Floor Plan With Fixtures	140212-A3 Rev B	27.04.15
Details and Notes	140212-A4 Rev B	27.04.15

As mentioned above, the applicant is seeking a Development Permit to lawfully increase the number of patrons at the venue from 10 to about 50.  The proposal triggers a Material Change of Use application for Entertainment and Dining Business – Type 1 Food & Beverages”).

There will be no physical alterations to the existing building. The proposed licensed/restaurant area is to be 167m2 GFA (approximately), the balance area consists of ‘back of house’ activities such as kitchen, store, office and toilets.

Existing operating hours for the subject tenancy will remain in place, being 7am – 8pm, Monday to Sunday. At present, there are 5 equivalent full time staff working in the café.  This is not expected to change as a result of this application.

Existing pedestrian and vehicle access points as well as servicing, refuse storage and collection procedures will remain in place.
3.0	Statutory Assessment
3.1	Sustainable Planning Act 2009
The Sustainable Planning Act 2009 (the Act) provides the overall statutory planning framework for Queensland.  The subject site is located within the local government boundaries of the Noosa Council and requires assessment against the relevant sections of The Noosa Plan (the planning scheme).

3.2	State Planning Provisions
A review of the SARA mapping illustrates the following SARA layers as being applicable:

The site is within the SEQ Regional Plan ‘Urban Footprint’ designation;
The site is within a water resource planning area boundary; and
The site is within the coastal zone.

The proposed development is entirely consistent with the intent of the Urban Footprint designation, does not seek to take or interfere with water and whilst being located within the coastal zone, is not within the coastal management district – thus does not require any further assessment.

A review of the SPP mapping illustrates the following SPP layers as being applicable:

Water quality – climatic regions (stormwater management design objectives);
Flood hazard area.

The site is located in an urban area and does not propose any additional impervious area. Further, the proposed development does not relate to any physical building works and is simply to allow for a greater number of patrons. Thus no further assessment is required.

Other State Instruments, including regulatory provisions are not relevant to the application.

3.3 	Noosa Plan
The site is located in the Visitor Mixed Use zone and as per Table 11.4 of the Noosaville Locality Plan, an application for Entertainment and Dining Business will be a consistent use, albeit impact assessable. As such, the application will be assessed against the relevant parts of the entire planning scheme.

3.3.1 Desired Environmental Outcomes
The proposal is considered to be consistent with the Commercial & Retail Uses DEO, avoiding contravention of the existing centres hierarchy and consolidating the amenity of and access of the community to, the Noosaville visitor centre. The remaining DEOs are not considered to be relevant to the proposal.

3.3.2 Code Summary
An assessment of the proposal’s compliance with the applicable planning scheme codes has been undertaken. For the sake of efficiency, this assessment has been carried out using the method of ‘exception reporting’. The proposal has been found to be entirely consistent with the relevant provisions of the planning scheme, other than the following, whereby sufficient justification has been provided in complying with the Specific Outcome solution.

Noosaville Locality Code

Specific Outcome O57
Whilst the proposal does not provide for 50% glazing to the building frontage, the building contributes to an active frontage through incorporating a large outdoor seating area (albeit shaded) with a wide pedestrian access point, that which is built to the property boundary.

Business Uses Code

Specific Outcome O31
The proposal has not provided the required 4 bicycle parking spaces (for 157.7m2 GFA). However, this outcome is not considered applicable given that:
The use is existing and has been operating (with approval) successfully for a number of years;
Public bicycle parking is already provided directly across the site; and
It is anticipated that the majority of customers to the use will be from surrounding residential apartments.

In light of the above, it is considered that the proposal is able to meet the associated Specific Outcome solution.

Driveways and Carparking Code

Specific Outcome O7
In response to Table 14-51 of the Driveways and Carparking Code, the proposal is required to provide 17 car parking spaces (for 167m2 of total use area – including outdoor dining). Council have advised that the shop ‘has a total car parking credit of 12’, please refer to email dated 6 May 2015 (Attachment C).

This aligns with a review of the current approval for ‘Offshore Noosa’, which shows that a total of 49 spaces were provided as part of the original development. According to the parking rates required by the planning scheme in effect at the time (the Town Planning Scheme for the Shire of Noosa 1990), the following parks were assigned to each use;
33 spaces for a total of 30 units (being 1 space per unit plus 1 visitor space per 10 units)
4 spaces for the other shop tenancy (lease area 7); and,
12 spaces for Elvis’s Café.

Despite the shortfall of five spaces, the proposal complies with the corresponding specific outcome in that it has proven over the preceding years in which it has operated as proposed, that there is sufficient car parking to accommodate the traffic generated. Factors contributing to this include:
The majority of customers are staying in surrounding accommodation and walk to the site;
As a café, the busiest periods occur outside normal business hours; and,
There are a number of on-street car parks in the nearby vicinity of the subject tenancy.

Specific Outcome O19
The proposal is required to provide 2 motorcycle/scooter spaces; however given the reasons provided above (SO31 & SO7), it is considered that the proposal is able to satisfy the specific outcome solution.

4.0	Summary & Conclusion
This town planning assessment has been prepared for Ganian Polo Pty Ltd, to accompany an impact assessable application for a Development Permit for Material Change of Use for an Entertainment and Dining Business Type 1 Food & Beverages on land located at 287 Gympie Terrace, Noosaville.

The venue, trading as “Elvis’s Café” has an existing approval for “Retail Business” which allows a café with dining facilities up to 10 people. This restriction on patrons is financially unviable and is an inefficient use of the premises and its waterside location. The café operator (the applicant) is thus seeking to apply for a Development Permit to allow for a greater number of patrons at the venue (53).

The application has been assessed against the relevant sections of the Noosa Plan and it has been concluded that the proposed development complies with all of the relevant assessment criteria. On this basis, it is recommended that the application should be approved subject to reasonable and relevant conditions.

I look forward to Council processing the application at its earliest convenience.  In the meantime, should you have any queries, please do not hesitate to contact me on 5443 5566.

Yours faithfully
DFS Group Pty Ltd

Kari Stephens
Director

Enc.	IDAS Forms, Attachments A, B & C, Owner’s consent and Council’s electronic communication consent form

cc:	client by email

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September 2015 
287 Gympie Terrace, Noosaville – Elvis’s Cafe 
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dtb! Marketing, Level 6, 57 The Esplanade, PO Box 560, Cotton Tree QLD 4558
T 075443 8311 F 0754439255 E [email protected] wwwadtb.com.au

tb! MARKETING ABN T3 C08 61 666 DOWN TO BUSINESS (OLD) PY LD.ACN 16 306 021


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dtb! Marketing, Level 6, 57 The Esplanade, PO Box 560, Cotton Tree QLD 4558
T 075443 8311 F 0754439255 E [email protected] wwwadtb.com.au

tb! MARKETING ABN T3 C08 61 666 DOWN TO BUSINESS (OLD) PY LD.ACN 16 306 021


[Attachment: image6.jpeg (image text)]
WA

DEK ey GROUP

INTEGRITY « EXCELLENCE - SUCCESS

 

LEVEL 6
57 THE ESPLANADE
COTTON TREE

PO BOX 605
MAROOCHYDORE
QLD 4558

T 07 5443 5566
F 07 5443 9977

[email protected]
dfsgroup.com.au