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4. Business Activities Code
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;
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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;
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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
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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.
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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
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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.