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4. Business Activities Code

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9.3.7 Business Activities Code


Performance outcomes                                         Acceptable outcomes
Location
PO1                                                                                                               Complies
Business activities are compatible with the purpose of       No acceptable outcome provided                       PO7 of the Medium density residential zone code
the zone in which they locate and the site is suitable for                                                        specifically nominates the subject site (245 David
the use having regard to accessibility, infrastructure                                                            Low Way) as a mixed use site, where including
and servicing.
                                                                                                                  offices and health care services. The site is
                                                                                                                  located in an established urban area serviced by
                                                                                                                  existing infrastructure.
PO2
The business activity is located within an existing          No acceptable outcome provided                       Complies
business centre or visitor centre shown in the Noosa                                                              The proposed business activity is located within
Shire Centres Hierarchy or in an industrial zone.                                                                 Peregian Beach, which is nominated as a Local
                                                                                                                  centre in the Noosa Shire Centres Hierarchy

Effects on use
PO3                                                          No acceptable outcome provided                       Complies
Business activities are of a type, scale and intensity                                                            The proposed office (80m2) is considered to be a
that is consistent with the zone, locality and character                                                          business activity of a type, scale and intensity that
of the area in which it is located and reinforces the                                                             is consistent with the zone, locality and character
Noosa Shire Centres Hierarchy.
                                                                                                                  of the surrounding area.
PO4
Business activities contribute to the local economy and      No acceptable outcome provided                       Complies
vibrancy of the area in which it is located.                                                                      the office is suitably located on David Low Way
                                                                                                                  and central to Peregian Beach. As such, is
                                                                                                                  ideally located to positivity contribute to local
                                                                                                                  economy and vibrancy of the surrounding area.
Major Infrastructure
PO5                                                          AO5.1                                                Complies
Development is sufficiently separated from                   Buildings and structures are not constructed under   Building or structures are not proposed to be
infrastructure including electricity infrastructure and      overhead electricity transmission lines, or within   constructed under any power line or within an
substations to minimise the likelihood of nuisance or        easements.                                           easement
complaint.
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                                                          AO5.2                                                         Not applicable
                                                          Development adjacent to or within 50 metres of
                                                          a substation, major electricity infrastructure or major
                                                          utility incorporates noise attenuation measures such
                                                          that noise levels do not exceed 5db(A) above
                                                          background noise level internal to buildings measured
                                                          in accordance with AS1055.
                                                                                                                        Not applicable
                                                          AO5.3
                                                          Where adjoining substations, major electricity
                                                          infrastructure or major utilities, buildings are orientated
                                                          so that the majority of windows and doors face away
                                                          from the infrastructure.
Building Design and Siting
Ground floor                                                                                                            Performance outcome
PO6                                                       AO6                                                           The proposed ceiling height for the office is 2.9m
Ground floor spaces and ceiling heights are flexible to   Ground floor spaces have a minimum ceiling height of          high, which is considered suitable for the
cater for a range of business activities.                 3.5 metres to allow flexibility of use (for example;          proposed office use. Other commercial uses,
                                                          adaptation for shop, restaurant or office uses)
                                                                                                                        other than a health care services, are not
                                                                                                                        anticipated by the zoning and there for the
                                                                                                                        additional ceiling height is not considered
                                                                                                                        necessary in this instance.


Outdoor areas
PO7                                                       AO7                                                           Complies
Outdoor areas, including balconies and rooftops, used     Outdoor areas and roof top areas used for business            The proposed office entry includes an outdoor
for business activities are located, designed and         activities are located away from sensitive land uses and      undercover area, which is located towards the
operated to avoid causing nuisance to adjoining or        are generally oriented towards the street.
nearby sensitive land uses.
                                                                                                                        site’s frontage and commercial premises along
                                                                                                                        the northern boundary.
Outdoor Dining areas
PO8                                                       AO8.1                                                         Not applicable
Outdoor dining areas are designed and located so          Walls to outdoor dining areas are:
that:
                                                          a)  if facing a roadway or other public area,
a) structures are aesthetically pleasing and in keeping       transparent and don’t restrict airflow;
   with the existing character of the area, including     b) separated from the floor and any roof by a
   the architecture of the associated building;              minimum vertical gap of 500 millimetres; and
b) outdoor dining adds to the streetscape without         c) if detachable or collapsible, are only used during
   increasing perceived building bulk;                       inclement weather.

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c) temporary walls or roofs are retracted when not in                                                                Complies
   use and secured at all times;                          AO8.2                                                      Roof and walls or other structures do not extend
d) the use does not pose a health and safety risk to      Roof, walls or other structures do not extend beyond       beyond the boundaries of the premises.
   patrons;                                               the boundaries of the premises.
e) adequate air movement is available; and                                                                           Not applicable
f) structures do not impede the movement of               AO8.3
   pedestrians or vehicles.                               Outdoor dining areas:

                                                          a)  have a non-slip surface which is water resistant
                                                              and not raised; and
                                                          b) ensures that where heating is provided it does not
                                                             present a physical risk to diners or pose a fire risk
                                                             to the surrounding buildings and structures
                                                             (braziers are not permitted).                           Not applicable
                                                          AO8.4
                                                          Outdoor dining areas include soft
                                                          landscaping integrated with the outdoor dining
                                                          environment to create an ambient atmosphere for
                                                          diners.

                                                          Editor’s Note— Landscaping must be undertaken in
                                                          accordance with the Landscaping Code Part 9 Section
                                                          4.5

                                                          Editor's note— Refer to Figure 6.4.4.4 and Figure
                                                          AP3-5A for examples of landscaping and design
                                                          outcomes for outdoor dining areas in streets.
PO9                                                       AO9                                                        Not applicable
Adequate clearways and head clearances allow safe         Roof structures over outdoor dining areas have a
movement for users of the premises.                       minimum clearance height of 2.1 metres.

Landscaping
Design of commercial and retail spaces
PO10                                                                                                                 Complies
Landscaping softens building bulk and creates a           No acceptable outcome provided                             The proposed landscaping for the proposed
casual, pleasant setting for site users and the broader
community by:
                                                                                                                     development can be viewed in Attachment C.
                                                                                                                     The proposed landscape treatment has been
a) adopting landscape solutions that reduce the visual                                                               designed to compliment the proposed
   impact of building bulk;                                                                                          development and existing streetscape. The
b) providing canopy trees and ancillary shade                                                                        landscape treatment incorporates a number of
   structures;                                                                                                       shade trees and provides screening to the front

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c)   using shrubs and garden beds to clearly define                                                                and sides of the development. Accordingly, the
     public spaces and pedestrian walkways;                                                                        landscape design outcomes are considered to
d)   providing areas for public art, where appropriate;                                                            comply with PO10.
e)   providing outdoor areas with seating;
f)   using screen planting to conceal service and
     loading areas;
g)   making provision for outdoor dining areas where
     appropriate, that integrate well within the
     streetscape;
h)   providing adequate screening along the perimeters
     of the development;
i)   avoiding the use of formal planting design
     for frontage works; and
j)   providing planting design and species selection
     that can endure an intensively used environment.
Amenity and safety
Hours of Operation
PO11                                                      AO11.1                                                   Complies
Business activities are operated in a manner that         The use or activity does not operate outside the hours
                                                                                                                   The proposed office is does not seek to operate
avoids or minimises evening, early morning or weekend     of 7:00am to 9:00pm, seven days a week, where
noise nuisances to sensitive land uses,                   the site directly adjoins land in the following zones:   outside the hours of 7am to 9pm, seven days a
particularly surrounding residential uses.                a) All residential zones, except for the Tourist         week.
                                                               accommodation zone
                                                          b) Major centre zone – High density residential
                                                               precinct; or
                                                          c) Rural residential zone.

                                                          AO11.2
                                                          Where the site is not specified above in AO11.1
                                                          the use does not operate outside the hours of
                                                          6:00am to 10:00pm, seven days a week, except that a
                                                          business use such as a food and drink outlet, may
                                                          operate until 12:00 midnight on a Friday and Saturday.
Overlooking
PO12                                                      AO12                                                     Complies
Business activities maintain the reasonable privacy and   Where the business activity adjoins an existing or       The proposed mixed-use development is located
amenity of site and adjoining residents and their         approved residential use, the reasonable privacy and     in a Medium density residential zone. The use to
enjoyment of indoor and outdoor living areas is not       amenity of such uses is maintained by:
unreasonably diminished.
                                                                                                                   the north is commercial and the use to south is
                                                          a)   siting and orienting buildings to minimise the      residential. The subject use has been designed
                                                               likelihood of overlooking occurring;                to be sympathetic to existing dwelling house with
                                                                                                                   two units having their first floor balconies directed

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                                                          b)    having windows and outdoor areas, (including           to the north, leaving only unit’s balcony with
                                                                balconies and terraces) located and designed so        potential views toward the residence. This
                                                                that they do not look into dwellings or visitor        dwelling unit is designed with compliant side and
                                                                accommodation; and                                     rear setbacks. Any overlooking towards this
                                                          c)    incorporating screening over building openings.        existing dwelling house will be directed to an
                                                                                                                       existing rear garage and ancillary driveway.
                                                                                                                       Therefore, it is anticipated that the neighbour’s
                                                                                                                       private open space area will be largely protected
                                                                                                                       from overlooking impacts.

                                                                                                                       Similarly, the window opening along the southern
                                                                                                                       elevation incorporate elongated vertical windows
                                                                                                                       to minimise views toward the neighbouring
                                                                                                                       dwelling house.
Noise, visual and odour impacts
PO13                                                      AO13.1                                                       Complies
Business activities are designed, sited and operated to   Undesirable noise, visual or odour impacts on public         The proposed mixed development proposes to
avoid environmental nuisances such as noise, visual or    spaces and residential uses, are avoided or reduced          undertake vehicle loading and unloading/ waste
odour impacts that unreasonably diminish the amenity      by:
of the area or surrounding uses.
                                                                                                                       collection on David Low Way. The waste storage
                                                          a)    providing vehicle loading/unloading and refuse         area is proposed adjacent to the southern
                                                                storage/collection facilities within enclosed          driveway and positioned behind the 2m
                                                                service yards or courtyards; and                       landscape strip across the site’s frontage.
                                                          b)    not locating site service facilities and areas along
                                                                any frontage to a street or other public space.
                                                          AO13.2                                                       Complies
                                                          Where the business activity requires the use of              No acoustic treatments are required because the
                                                          acoustic attenuation measures to mitigate adverse            proposed uses are not noise generating activities.
                                                          impacts on nearby sensitive land uses, such measures
                                                          are designed and constructed to be compatible with the
                                                          local streetscape.
Live Music
PO14                                                      AO14.1                                                       Not applicable
Live music creates entertainment for patrons and          Where the site is adjacent to land in a residential zone
                                                                                                                       The use does not propose any live music.
vibrancy within the streetscape and is sited to avoid     (excluding Tourist Accommodation Zone), the Noosa
significant impacts on surrounding residential land       Business Centre High Density Residential Precinct,or
uses.                                                     the Rural Residential Zone live music is contained
                                                          within an enclosed acoustically treated environment.

                                                          AO14.2
                                                          Acoustic live music (not reliant on electric or electronic   Not applicable

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                                                          equipment) ceases to operate in outdoor spaces by
                                                          9:00pm Sunday – Thursday, and by 10:00pm Friday
                                                          and Saturday, except if located within the Hastings
                                                          Street Mixed Use Precinct or Noosa Junction
                                                          Hospitality precinct where it can operate until 10:00pm
                                                          Sunday - Thursday, and by 12:00 midnight Friday and
                                                          Saturday.

                                                          AO14.3
                                                          Amplified live music ceases to operate in outdoor         Not applicable
                                                          space by 7:00pm seven days per week, except if
                                                          located within Hastings Street Mixed use precinct or
                                                          Noosa Junction Hospitality precinct where it can
                                                          operate until 9:00pm Sunday - Thursday and 10:00pm
                                                          Friday and Saturday.

                                                          Editor’s Note— Liquor licences and noise matters are
                                                          separately dealt with through the Office of Liquor and
                                                          Gambling.
PO15                                                      AO15
Waste storage areas, external storage areas and           Waste storage areas, external storage areas and           Complies
loading docks do not detract from the visual amenity of   loading docks are located within basements or are
                                                                                                                    The proposed waste storage area is proposed
the streetscape or cause nuisance to adjoining            visually screened by landscaping or fencing and
properties.                                               situated to the rear of the building.                     along the southern boundary and is screened
                                                                                                                    from view from the street by a 2m wide
                                                                                                                    landscaping strip and fencing.
                                                                                                                    As a result of the small scale of the proposed
                                                                                                                    development the bin storage area is not
                                                                                                                    anticipated to adversely impact on the amenity of
                                                                                                                    the adjoining premises.
Car Parking
AO16                                                      AO16                                                      Complies
Sufficient car parking is available to accommodate the    Parking is provided in accordance with Table 9.4.2.4 of
                                                                                                                    Parking is proposed to be provided in accordance
number and type of vehicles likely to be generated by     the Driveways and Parking Code.
the use on site.                                                                                                    with the Table 9.4.2.4 of the Driveway and
                                                                                                                    parking code.

                                                                                                                    The development proposes the following car
                                                                                                                    parking numbers in accordance with the code:

                                                                                                                    Commercial office (1/20m2 GFA) – 4 spaces
                                                                                                                    Dwelling units (1/2 bed unit) – 3 spaces

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                                                                                                                        Dwelling visitors (0.25/ unit) – 1 space

                                                                                                                        Total – 8 spaces
Veterinary Service
Amenity
PO17                                                         AO17.1                                                     Not applicable
Veterinary clinics and veterinary hospitals are designed     Animal holding areas are well insulated or buffered
and operated in a manner which ensures that the visual       from adjacent uses to reduce noise levels.
and acoustic amenity of adjoining sensitive land
uses are not adversely affected.                             AO17.2
                                                                                                                        Not applicable
                                                             The treatment of animals is undertaken in a fully
                                                             enclosed building that has sound reduction measures
                                                             incorporated into the design.
Service station
Location
PO18                                                         No acceptable outcome provided                             Not applicable
Service stations are sited in locations that are
compatible with the existing and proposed character
and amenity of the area and where it can be supported
by the existing road network.
PO19                                                         AO19
The site is of a size to accommodate the service             The site has:                                              Not applicable
station and associated car parking, access ways and
landscaping.                                                  a)   a minimum area of 1,500m²;
                                                              b)   a minimum frontage of 40 metres; and
                                                              c)   where a corner site, a minimum frontage of 30
                                                                   metres to each road frontage.
Building design and siting                                                                                              Not applicable
PO20                                                         AO20
Service stations are sited and designed to maximise          Publicly accessible parts of the service station,
surveillance from adjacent streets and on-site activities.   including the point of sale and the entrance to any
                                                             external toilets, are well lit and clearly visible from
                                                             areas of activity within the site (such as petrol pumps)
                                                             as well as from adjacent uses and the street.
PO21                                                         AO21.1                                                     Not applicable
Buildings, structures, driveways, tanks and fuel             Fuel pumps are a minimum of 8 metres from
bowsers are sited to:                                        any frontage.

 a)   ensure the safe and efficient use of the site;         AO21.2                                                     Not applicable
 b)   maintain visual amenity and streetscape                Inlets to bulk fuel storage tanks are located so tankers
      character;

Page 8

 c)   provide adequate separation to adjoining land         stand wholly within the site and on level ground while
      uses; and                                             discharging fuel into tanks.
 d) not cause an environmental nuisance
      to neighbouring properties.
PO22                                                        AO22.1                                                    Not applicable
Customer air and water facilities, and any automatic        Customer air and water facilities, and any car washing
mechanical car washing facilities, are located to ensure    facilities are setback a minimum of 5 metres from any
that:                                                       residential property boundary.

a)   vehicles using or queuing to use such facilities are   AO22.2                                                    Not applicable
     wholly within the site; and                            Where the buffer area adjoins a residential use the
b) an adequate buffer area can be provided to any           boundary is screened and landscaped to reduce any
     adjoining residential use.                             negative amenity impacts.
PO23                                                        AO23.1                                                    Not applicable
The layout and design of the service                        Sealed impervious surfaces are provided where
station ensures that on site operations do not cause        potential spills of contaminants may occur.
any environmental nuisance or harm or result in the
release of untreated pollutants.                            AO23.2                                                    Not applicable
                                                            Grease and oil arrestors or other infrastructure is
                                                            provided to prevent the movement of contaminants
                                                            from the site.
Amenity                                                                                                               Not applicable
PO24                                                        AO24.1
Service stations maintain and protect the amenity of        Where located within 150 metres of a residential use or
neighbouring residential areas.                             land included in a residential zone buildings are
                                                            constructed of non-reflective material, including
                                                            concrete, brick or timber.

                                                            AO24.2                                                    Not applicable
                                                            Where the site adjoins a residential use or land
                                                            included in a residential zone:

                                                             a)   a 2 metre high solid screen fence is provided
                                                                  along the common boundaries; and
                                                             b)   hours of operation are limited to between 7.00am
                                                                  and 10.00pm.
Landscaping                                                                                                           Not applicable
PO25                                                        AO25
Landscaped areas are provided to:                           No less than 10% of the site area is landscaping with
                                                            the following minimum dimensions:
 a)   enhance the visual amenity and natural
      landscape character of the area and streetscape;

Page 9

 b)   suit the relative size and nature of the service      a)        Frontage—3 metres width except for vehicular
      station and its setting;                                        entrances and exits; and
 c)   reduce the visual impact of large or bulky            b)        Side boundaries:
      structures;
 d)   conceal service, car parking and loading areas;            i.  Standard—3 metres width to a minimum depth
      and                                                            of 10 metres measured from the
 e)   screen incompatible land uses.                                 road frontage: or
                                                              ii.    Exception—5 metres width to a minimum
                                                                     depth of 10 metres measured from the
                                                                     road frontage for boundaries that adjoin land
                                                                     in a residential zone; and
                                                            c) Rear boundaries—5 metres width for boundaries
                                                                  that adjoin land in a residential zone.

                                                           Editor’s Note— Where there is a conflict between
                                                           minimum landscaping width requirements the greater
                                                           width prevails.
Ancillary retail component                                                                                               Not applicable
PO26                                                       AO26
The associated sale of goods, including foodstuffs,        The gross floor area used for the associated retail sale
is ancillary to the service station use.                   of goods does not exceed 20% of the total gross floor
                                                           area.
Traffic and Access                                                                                                       Not applicable
PO27                                                       AO27
The layout of the site facilities and vehicular accesses   Where the site is situated at the intersection of two
results in unrestricted vehicle access to and egress       roads, separate entrances and exits are provided to
from the site.                                             one or more of the adjoining roads.
PO28                                                       AO28                                                          Not applicable
The service station use:                                   Any vehicular crossing over a footpath is:

 a)  does not impair traffic flow or road safety;           a)        a minimum of 8 metres in width;
 b)  facilitates safe and convenient movement to and        b)        located so the crossing is a minimum of 14
     from the site through the design and                             metres from any other vehicular crossing on the
     arrangement of vehicular crossovers; and                         same site; and
 c) provides adequate, safe and functional on-              c)        a minimum of 12 metres from any road
     site parking and manoeuvring areas.                              intersection.
Services and facilities                                                                                                  Not applicable
PO29                                                       AO29.1
The service station use:                                   The service station provides satisfactory services and
                                                           convenience facilities including toilets that are available
 a)   maintains public health;                             and accessible for the use of customers at all times

Page 10

 b)   is commensurate with the needs of users; and        during trading hours.
 c)   includes the provision of public convenience
      facilities for customers.                           AO29.2
                                                          The service station provides for Electric Vehicle charge
                                                          stations.
Markets
Location                                                                                                               Not applicable
PO30                                                      AO30
Markets locate where the attraction of a large number     The market is located on land included in the following
of people is consistent with the preferred character of   zones:
the local area and can be supported by the existing
road network.                                              a) Major Centre zone;
                                                           b) District Centre Zone;
                                                           c) Local Centre Zone;
                                                           d) Community Facilities Zone; or
                                                           e) Recreation and Open Space Zone.
Effects of use                                                                                                         Not applicable
PO31                                                       AO31
Markets are of a scale and intensity suitable to           Where the market occupies an existing building or use
the location, and are supported by appropriate             area, and does not increase the size of
infrastructure and services.                               the building or use area, it:

                                                           a)   does not operate more than one day per week;
                                                           b)   does not directly adjoin a residential zone;
                                                           c)   is conducted, including set-up and pack-up time,
                                                                between the hours of 6:00am and 10:00pm;
                                                           d) is conducted for a maximum of eight hours
                                                                excluding set-up and pack up time; and
                                                           e) does not include the use of amplified music,
                                                                megaphones, public address systems and noise
                                                                generating plant and equipment.
PO32                                                      AO32.1                                                       Not applicable
Markets:-                                                 A minimum of 50% of stalls are used for one or more of
                                                          the following:
 a)   promote community, entertainment, local food
      production, creative industries and non-profit       a)   entertainment;
      uses; and                                            b)   sales of fresh food and produce;
 b)   minimise economic impacts on established             c)   home-made goods; and
      business in the vicinity of the market.              d)   activities conducted by or on behalf of a non-profit
                                                                or community organisation.

Page 11

                                                           AO32.2
                                                           Where market stalls are located adjacent to existing
                                                                                                                     Not applicable
                                                           shops the market is not held on more than one day per
                                                           fortnight.
Site Layout
PO33                                                       AO33.1
Markets are designed for:                                  Pedestrian access or pathways are a minimum of 2
                                                                                                                     Not applicable
                                                           metres wide and clear passage of at least 2 metres in
a)  convenient and safe pedestrian access and              width is provided between any stalls
    movement;                                              and existing commercial shop fronts.
 b) legibility and accessibility between stalls and
    existing surrounding uses; and                         AO33.2
                                                           Public toilets:
 c) pedestrian comfort and safety, including the
    provision of public convenience facilities.                                                                      Not applicable
                                                            a)   are provided within the area of the market or are
                                                                 located within 250 metres of the market;
                                                            b)   remain open and accessible for use during
                                                                 the market hours; and
                                                            c)   are maintained in a clean, safe and tidy state.

Amenity                                                                                                              Not applicable
PO34                                                       AO34.1
Markets are operated in a manner to not                    The use of amplified music, megaphones, public
cause environmental nuisance to neighbouring and           address systems and noise generating plant and
nearby residents and other sensitive land uses having      equipment is avoided.
regard to:
                                                           AO34.2
     a)   the generation of noise, dust, odour and light   Noise generated by the market complies with the level     Not applicable
          emissions; and                                   of noise emissions prescribed under the Environment
     b)   hours and frequency of operation.                Protection (Noise) Regulations 1997.

                                                           AO34.3                                                    Not applicable
                                                           Any outdoor lighting associated with the market is
                                                           designed, installed, operated and maintained in
                                                           accordance with AS4282 – The control of the Obtrusive
                                                           Effects of outdoor Lighting.

                                                           AO34.4                                                    Not applicable
                                                           Heavy vehicles or commercial vehicles are not arriving
                                                           on or parked around site before 6:00am

Page 12

                                                            AO34.5                                                        Not applicable
                                                            Any temporary lighting is dismantled immediately on
                                                            closure of the markets.
PO35                                                        AO35.1                                                        Not applicable
Markets are established and operated to provide a safe      Markets are operated in accordance with an approved
and healthy environment and provide waste disposal          waste management plan.
facilities which are appropriate to the type and scale of
the market.                                                 AO35.2                                                        Not applicable
                                                            The use area of the market is left in a clean state at the
                                                            end of each market day.
PO36                                                        AO36                                                          Not applicable
The use is temporary.                                       The use does not require the construction of buildings
                                                            or structures or require the installation of infrastructure
                                                            or services.
Traffic and car parking                                                                                                   Not applicable
PO37                                                        No acceptable outcome provided
Car parking and vehicle access to and from
the market does not impair traffic flow or road safety or
adversely impact on the existing amenity of the
subject site or surrounding locality.

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