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Planning Report - 115 Poinciana Ave · MCU22/0101
Town Planning Report Application for a Development Permit – Material Change of Use for a Food and Drink Outlet 115 Poinciana Avenue, Tewantin 4565 QLD Lot 3 on RP71997 Retail Vending Australia Pty Ltd
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Page 2
Table of Contents
Important Note 2
1. Summary 3
2. Application Information 4
3. Development Intent 5
4. Characteristics of Site and Surrounds 7
4.1 Site Characteristics 7
4.2 Surrounding Land Uses 10
4.3 Land Ownership and Encumbrances 10
4.4 Site History 10
5. Proposed Development Details 11
5.1 Material Change of Use 11
5.2 Operational Aspects of the Proposed Development 12
6. State Planning Interests 12
6.1 Planning Act 12
6.2 State Planning Policy 12
6.3 Southeast Queensland Regional Plan 2017 13
6.4 Referral Agencies and State Development Assessment Provisions 13
7. Noosa Council Planning Scheme Considerations 14
7.1 Use Definition 14
7.2 Zoning and Locality 14
7.3 Level of Assessment 14
7.4 Applicable Development Codes 14
7.5 Applicable Overlay Codes 18
8. Conclusion 19
List of Figures
Figure 1 - Subject Site 5
Figure 2 - Proposed floor plan 6
Figure 3 - 3D perspectives of the outdoor dining and kitchen area. 7
Figure 4 - Street elevation (top left), rear elevation, eastern elevation, and neighbouring wall. 8
Figure 5 - Cadastral Map 9
Figure 6 - Zone Map 10
List of Tables
Table 1: Application Information 4
Table 2: Gross floor area, Plot ratio and Use area 6
Table 3: Summary of Proposed Development 11
Table 4: Proposed House of Operation 12
Table 5: Zone Parameters 16
Table 6: Car parking calculation 17
RG Strategic Town Planning Report – MCU 1
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for Retail Vending Australia Pty Ltd (“Client”) for the specific purpose
of demonstrating the proposed use as being permitted under the Noosa Plan 2020 (“Purpose”). This
report is strictly limited to the purpose and the facts and matters stated in it and does not apply
directly or indirectly and will not be used for any other application, purpose, use or matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
arising out of or incidental to a Third Party; and
• publishing, using, or relying on the facts, content, opinions or subject matter contained
in this report.
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.
RG Strategic Town Planning Report – MCU 2
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1. Summary
RG Strategic has prepared this development application on behalf of Retail Vending Australia Pty
Ltd (the Applicant). The subject site comprises rectangular shaped parcel of land located at 115
Poinciana Avenue, Tewantin and is formally described as Lot 3 on RP71997 as shown on Figure 1
Subject Site.
The purpose of this report is to seek approval for a Development Permit for a Material Change of
Use for a Food and drink outlet.
The site is included in the District Centre Zone within the Tewantin Local Plan area of the Noosa Plan
2020. An application for the change of use from a bank to a Food and drink outlet in the District
Centre Zone would otherwise be accepted development subject to requirement but the applicant
seeks to expand the rear of the building, triggering a code assessment process.
The proposed use will be located within the existing tenancy and a small extension to utilise the rear
of the lot with outdoor dining, kitchen, bin storage and rear pedestrian access and generous
landscaping. No vegetation exists onsite with the area proposed to be utilised currently grass.
The proposal constitutes ‘development’ as defined by Schedule 2 of the Planning Act 2016. This
report demonstrates that the proposed Material Change of Use is defined by the Noosa Plan 2020
as consistent and permitted.
This planning report provides details of the nature of the proposal, describes the site characteristics
and surrounding land uses, and provides a statutory assessment against the intent of the Noosa
Plan 2020. These matters are set out in;
• Proposed development intent;
• Description of the characteristics of site and surrounds;
• Proposed development details;
• An assessment of the proposal against the State planning interests;
• An assessment of the proposal against the Noosa Plan 2020; and
• A conclusion that provides summary grounds which support the proposed development.
This report should be read in conjunction with the accompanying covering letter, DA Form and
Appendix A. The proposed Food and drink outlet is consistent with the intent of the Noosa Plan 2020
for the subject land and warrants approval subject to reasonable and relevant conditions.
RG Strategic Town Planning Report – MCU 3
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2. Application Information
Table 1: Application Information
Address 115 Poinciana Avenue, Tewantin QLD 4565
Real Property Description Lot 3 on RP 71997
Land Area 292.2m2
Local Authority Noosa Council
Current Use Vacant tenancy – approved in 1970 as a bank
Planning Scheme Noosa Plan 2020 (25th September 2020)
Local Plan Tewantin
Zone District Centre Zone
Tewantin Local Plan Code;
District Centre Zone Code,
Relevant Codes and
Overlays Business Activities Code, and
Works Codes (Driveways and Parking Code).
Applicant Retail Vending Australia Pty Ltd
Level of Assessment Code Assessment
Referrals N/A
RG Strategic Town Planning Report – MCU 4
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3. Development Intent Retail Vending Australia Pty Ltd seeks to develop a Food and drink outlet, Nickels and Dimes in the vacant tenancy at 115 Poinciana Avenue, Tewantin described as Lot 3 on RP 71997 formerly the ANZ bank building. Refer to Figure 1: Subject Site below. Figure 1 - Subject Site Source: Noosa Mapping A Floor Plan of the proposed use has been prepared by Robinson Architects is enclosed within Appendix A and presented below in Figure 2. The Food and drink outlet will comprise a bar, patron seating, kitchen storage, cold rooms and toilets (including disabled) inside the existing building and new kitchen, deck, bin storage and pedestrian access to the rear of the building. No carparking exists onsite. RG Strategic Town Planning Report – MCU 5
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The following Table 2 shows the existing and the proposed gross floor area, plot ratio and Use area.
Table 2 - Gross floor area, Plot ratio and Use area
Provision Existing Proposed
Gross floor area (GFA) 163m² (including walls) 178m² (kitchen 15m² including walls)
Plot ratio 0.556:1 0.607:1
Use area 155m² (excluding walls) 99m² + 62.5m² = 161.5m²
Internal + external (excluding
walls)
Car parking An Easement exists on adjoining Maintaining existing as allowed for
property providing for 3 with easment (no additional
carparking spaces, demand to that approved)
Figure 2 - Proposed floor plan
Project architects, Robinson Architects proposes a painted vertical timber product for the new
kitchen, batten screening and fibre cement sheet, with at grade and raised garden beds to screen
the rear car parking of the neighbouring property. Further raised and vertical landscaping is used to
soften an existing extra-large wall of the western neighbour and for ambiance for the patrons.
Some 3D perspectives of the proposed outdoor area are provided in Figure 3 below. The large
neighbouring western wall can be seen in the images provided in Figure 4 below in section 4 of this
report.
Importantly the applicant will provide as required specific male and female amenities and a
dedicated disabled amenity. In the consideration of the design for the rear deck, all requirements
for DDA compliance were factored into the design so that entry from Poinciana Ave through the
building to the rear deck could be achieved.
RG Strategic Town Planning Report – MCU 6
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Figure 3 - 3D perspectives of the outdoor dining and kitchen area. 4. Characteristics of Site and Surrounds 4.1 Site Characteristics The land which is subject of this report (i.e., the site) is located at 115 Poinciana Avenue, Tewantin and described as Lot 3 on RP71997. The site is located within the main street of the Tewantin shopping district which consists of a business mix typical of an older style main street centre. Currently, existing is an old building on a small lot of 293m2 consisting of 1 tenancy and a total gross floor area of 163m2. A significant concrete street awning covers a portion of the footpath along Poinciana Avenue. The building is constructed of brick work and has a an existing large built to boundary wall adjacent to the western boundary as shown in Figure 4 below. No on-site car parking is provided for the existing development, but Easement No. 700906238 and No. 700906240 on Lot 0 on BUP103272 provide for 3 carparking spaces to the rear. The site slopes from the Poinciana Avenue frontage to the rear of the site with an existing raised concrete floor ranging from street level to approximately 1.5m above the NGL. The site is well connected with major transport infrastructure and active transport facilities being within the main Tewantin shopping area and main bus stops less than 70m from the site. The site has access to all infrastructure that commonly services urban development including reticulated water and sewerage, underground telecommunication services, overhead electricity supply, street lighting, stormwater drainage, bitumen roadway, and kerb and channelling along the road frontage of the site. RG Strategic Town Planning Report – MCU 7
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Figure 4 - Street elevation (top left), rear elevation (top right), eastern elevation and neighbouring wall. RG Strategic Town Planning Report – MCU 8
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Figure 5: Cadastral Map Source: QLD Globe RG Strategic Town Planning Report – MCU 9 [OCR of page images] el — PRs a9 FH r 744m 903 I. T1631 Phe B50 Ne RP189552 FH 1199m? MEMORIAL AVENUE wine — o GDA serge aw tsrorar Ts l “p TANDARD MAP NUMBER ‘ “ “ “ ‘. 13 SORGUATA OATIAEGOAS SORE Se Pore) wap weaDOw paamTOn & sexsest Locanion > SUBJECT PARCEL DESCRIPTION CLIENT SERVICE STANDARDS \ |= onarcD eannsaa® uabue arene? rs — eer occa wane = Accs Gormert —WOLEA tasty smaseme ar fe riorreten recorded 0 a donne (he horwasce|accap od reparainiy 28d . : ico ee eg a pe trees ed na mpc wo Deeps Oeparinces of Rewcscne Seat afore RESOURCES mane no mprecemmiticns of wartarées @ reason © Pa iorraice and $2 De auteer parraied by aw, socade oF wed at aaramnee cetaing 1 corecre accuracy cakablity compisteraen oF cumwecy anc af tablty tor ary det inciect and coreequertal coat came Guages and sopereta mcumed © aby wey (mchasing Si not lndad 2 Bat araing Yor bayigence| SoeecRon wih ary wae of or rekance on he miorraston Figure 5: Cadastral Map Source: QLD Globe RG Strategic Town Planning Report - MCU
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4.2 Surrounding Land Uses The site is located within the Tewantin District Centre zone and as such is surrounded by those business uses typically found in a centre zone. Figure 6 is a zone map of the surrounding area of the subject site. Figure 6 - Zone Map 4.3 Land Ownership and Encumbrances The site is held under a freehold title. Marson Pty Ltd are the registered owners of the site. Please refer to the Certificate of Title and Owners’ Consent in Appendix attached for further reference. The site is free of encumbrances. 4.4 Site History The premises has a Town Planning Consent TPC 39 for a bank building was issued by Council on 16 July 1970 and has historically been used for that purpose. RG Strategic Town Planning Report – MCU 10
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5. Proposed Development Details 5.1 Material Change of Use This application is seeking a Development Permit for a Material Change of Use to establish Food and drink outlet which is a consistent use in the District Centre Zone. The proposed development is intended to be established in accordance with the Proposed Floor Plan provided in Appendix A. The application for a Material Change of Use to establish Food and drink outlet is accepted development subject to requirements, however, this application is triggered as the development proposes the expansion of buildings to accommodate a new kitchen and outdoor dining area to the rear of the existing building. A summary of the proposed development details are outlined in Table 3. Table 3: Summary of Proposed Development Proposed Use Food and drink outlet (Nickels and Dimes) Proposed GFA 178m2 Proposed Plot ratio 0.607:1 Proposed Use Area 161.5m² Proposed car parking spaces Nil RG Strategic Town Planning Report – MCU 11
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5.2 Operational Aspects of the Proposed Development Nickels and Dimes seeks to operate a contemporary café / restaurant style business and proposes the following hours of operation. The proposed hours of operation are listed below in Table 4. Table 4: Proposed House of Operation Sunday 10:00am to 10pm Monday 10:00am to 10pm Tuesday 10:00am to 10pm Wednesday 10:00am to midnight Thursday 10:00am to midnight Friday 10:00am to midnight Saturday 10:00am to midnight The above hours of operation fully comply with the specified hours permitted by Acceptable Outcome AO11.2 of the Business Activities Code. Carparking No additional car parking is proposed onsite as there is no additional demand. This is addressed in section 7.4 of this report. 6. State Planning Interests The following is an assessment of how the proposed development addresses the relevant statutory planning documents. 6.1 Planning Act The Planning Act 2016 (‘the Act’) is the relevant statutory instrument under which development applications are assessed. The development application is made in accordance with s.51 of the Act. 6.2 State Planning Policy The State Planning Policy (SPP) provides the legislative guidance with regard to the Queensland Government’s policies and matters of state interest for land use for the purposes of planning development. The SPP applies to development assessment should the local planning instrument (planning scheme) not appropriately integrate the SPP. Where there is any inconsistency with the planning scheme the SPP prevails. RG Strategic Town Planning Report – MCU 12
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Part 2 of the Noosa Plan 2020 states that the “Planning Minister is satisfied that the State Planning Policy (SPP) dated July 2017 is appropriately integrated in the Noosa Council's planning scheme” except for Natural hazards, risk and resilience – coastal hazards – in part. This development is not in a coastal protection or coastal management district or the like and as such has no impact on this part of the SPP and no assessment is provided. 6.3 Southeast Queensland Regional Plan 2017 The Southeast Queensland Regional Plan 2017 (SEQRP) guides land use and development in the region. The subject site is located within the Urban Footprint in an existing business complex. The outcomes contained within the Regional Plan are generally reflected in the Noosa Plan 2020. 6.4 Referral Agencies and State Development Assessment Provisions Referral matters for this proposal have been assessed against the provisions of Schedule 10 of the Planning Regulation 2017. A review of the State Assessment Referral Agency’s (SARA) Development Assessment Mapping System (DAMS) has confirmed there are no matters of State interest. RG Strategic Town Planning Report – MCU 13
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7. Noosa Council Planning Scheme Considerations
The proposed Material Change of Use is subject to code assessment as an expansion of buildings
is proposed. The following is a review of the proposed development under the Noosa Plan 2020.
7.1 Use Definition
The Noosa Plan 2020 defines a Food and drink outlet as the following:
Food and drink outlet means the use of premises for—
(a) preparing and selling food and drink for consumption on or off the premises; or
(b) providing liquor for consumption on the premises, if the use is ancillary to the use in
paragraph (a).
The proposed use onsite reflects the examples provided in the Noosa Plan 2020 for a Food and drink
outlet such as a Bistro, café, coffee shop, kiosk, milk bar, restaurant, snack bar, take-away, tea
room.
7.2 Zoning and Locality
The Noosa Plan 2020 identifies the site within the District Centre Zone in the Tewantin Local Plan
area.
7.3 Level of Assessment
Within the Noosa Plan 2020, Table 5.5.6 Categories of Development and Assessment – District
Centre Zone prescribes that the proposed Food and drink outlet is subject to Code Assessment as
an expansion of buildings is proposed.
7.4 Applicable Development Codes
The following Development Codes are relevant to the proposed development:
• Tewantin Local Plan Code;
• District Centre Zone Code,
• Business Activities Code, and
• Works Codes (Driveways and Parking Code).
Where probable solutions are not met, an alternative solution demonstrating compliance with the
specific outcome is provided below, including sufficient planning grounds to justify the conflicts with
the probable solutions.
RG Strategic Town Planning Report – MCU 14
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Tewantin Local Plan Code The proposal has been assessed against, and is consistent with, the Purpose and Overall Outcomes, and the relevant Performance and Acceptable Outcomes prescribed within the Tewantin Local Plan Code. The proposed Food and drink outlet is a business activity which services the needs of residents and visitors in a form and scale that does not detract from the role and function of the Noosa Business Centre. The proposal is mostly located in the existing tenancy, with a complementary small extension to the built form to the rear of the site. The outdoor dining area is well screened by vertical battens with a 1.5m wide garden and pedestrian access to the rear boundary. A vertical garden is provided to hide the large adjoining brick wall. District Centre Zone Code The proposal has been assessed against, and is consistent with, the Purpose and Overall Outcomes, and the relevant Performance and Acceptable Outcomes prescribed within the District Centre Zone Code. The proposal is of a type, scale and intensity that is consistent with the intended role and function of a District Centre. The site is generally centrally located north/south in the centre and surrounded by a large building to the west, a carpark to the south and an access lane to the east. The proposed hours of operation are consistent with the hours sought for business uses (AO11.2) with no operational impacts to the surrounding area likely to occur. The tenancy is currently vacant and as such the proposal will contribute to the economic activity and vibrancy of the business centre and provide an additional food and beverage offering in the Tewantin main street. RG Strategic Town Planning Report – MCU 15
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The following Table 5 identifies key parameters to demonstrate the proposal complies with the
provisions of the District Centre zone code
Table 5 – Zone Parameters
Parameter Noosa Plan Existing Proposed Comply
Site area 293m²
Plot ratio 0.8:1 0.556:1 0.607:1 Yes
Gross floor area 234.4m² 163m² 178m² (additional 15m²) Yes
Setbacks 0m for ground floors Frontage - 0m Frontage – no change Yes
facing Poinciana
Rear – 8.5m Rear – 0m Yes
Avenue;
Side – 0m Side – 0m Yes
Other boundaries:
0m if not adjoining a
residential zone.
Building height 10m 8.5m 8.5m Yes
new addition 6.4m
Site cover Consistent with scale Yes Yes Yes
of surrounding
development
The proposal complies with the setbacks with only the stairs with a zero rear setback. The balance
of the rear boundary is provided with a generous 1.5m tiered soft landscaped garden.
Business Activities Code
The proposal has been assessed against, and is consistent with, the Purpose and Overall Outcomes,
and the relevant Performance and Acceptable Outcomes prescribed within the Business Activities
Code.
The proposal is of a scale and type which is suitable for its location as it is located in an existing
centre and is serviced by all relevant infrastructure. The site is well connected with major transport
infrastructure and active transport facilities within close proximity located within 60m and 70m of
Tewantin’s 2 main bus stops.
The proposed hours of operation for the proposal are consistent with the hours permitted in AO11.2.
RG Strategic Town Planning Report – MCU 16
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Works Codes (Driveways and Parking Code)
These codes largely relate to the provision of services and infrastructure associated with the
proposed development of the subject land. The subject site currently has access to an appropriate
level of infrastructure for its existing business use.
The proposal has been assessed against, and is generally consistent with, the Purpose and Overall
Outcomes, and the relevant Performance and Acceptable Outcomes prescribed within the
Driveways and Parking Code. The following Table 6 provides a clear indication of the car parking
situation and demonstrates that no further car parking demand is triggered for this development.
Table 6 - Car parking calculation
Approved use GFA Use area Car parking
Bank building 163m² 155m² 8.15 spaces credit for the
approved use
1 space per 20m²
Calculated on total
GFA for a
bank/commercial use
Food and drink outlet 178m² 161.5m² 8.07 spaces
1 space per 20m² Calculated on total use
area for a Food and
drink outlet.
8.15 spaces credit from existing use (based on
GFA)
8.07 spaces required for proposal (based on Use
area)
No additional car parling required
Please note: In circumstances where no car parking has been provided for an existing use or does
not comply with a current Acceptable Outcome for an existing use, Council has historically given a
car parking credit for the existing use onsite and applies that number of car spaces as a credit for
a new proposal.
If the existing approval applied a known rate then the known rate is applied as credit, or if the rate
is unknown, Council has historically applied the current planning scheme rate for the credit. The
above calculation has applied the current planning scheme rate, as the rate is unknown which
applied to the development in 1969-1970.
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The existing use car parking credit is credited to the new calculated car parking requirement. This
methodology has historically been deemed to be sufficient for proposed uses and used in many
circumstances.
Examples of this methodology are:
• Pavillion 19-21 Sunshine Beach Road Noosa Junction;
• 24 Lanyana Way, Noosa Junction;
• 203 Gympie Terrace, Noosaville;
• Numerous tenancies at 1 Arcadia Street, Noosa Junction
• Many other Food and Drink outlets in Noosa Junction which have changed from Shops to
Food and Drink outlets overtime and Council has approved them, without requiring any
additional carparking or contributions in lieu.
Demand
Providing no additional car parking demand is proposed, no further car parking has been required.
In this case a credit of 8.15 car spaces is calculated because a bank/professional office has a rate
calculated using GFA - 1 car space per 20m² of GFA (calculation: 163m² / 20 = 8.15 spaces).
Carparking for a Food and drink outlet is calculated using Use Area (UA). The proposed use area
totals 161.5 triggering 7.62 spaces (calculation 152.5m2 / 20 = 8.07 car spaces). This demonstrates
that the demand for car parking is less than the existing use and therefore no additional car parking
is required or no contributions in lieu required.
7.5 Applicable Overlay Codes
There is no overlays of relevance applicable to the subject site.
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8. Conclusion
This report has been prepared by RG Strategic to accompany a Development Application made by
Retail Vending Australia Pty Ltd (the applicant). The application seeks a Development Permit for a
Material Change of Use for a Food and drink outlet at 115 Poinciana Avenue Tewantin, formally
described as Lot 3 on RP71997.
The proposal has been assessed against the requirements of the Local and State Statutory Planning
Requirements.
This report demonstrates that the proposed development complies with the provisions of the
Planning Act 2016 and the Noosa Plan 2020, and the proposed development can be supported on
a number of grounds, including:
• The development application has been made in accordance with the requirements of both
the Planning Act 2016 and the Development Assessment Rules 2017;
• As the development application clearly demonstrates the compliance with both the
Performance and Acceptable Outcomes of the Codes applicable for a Food and drink
outlet within the District Centre Zone;
• The Food and drink outlet is proposed to be located in an existing tenancy with minor
additions to the rear of the existing building which complement the built form of other
business premises in the centre;
• The development is consistent with the overall outcomes for the Tewantin Local Plan and
does not impact on the hierarchy of centres;
• The site is well located and connected to the existing pedestrian, cycle and public
transport routes; and
• The development does not trigger any additional car parking to that which is already
credited for the approved bank use.
On the basis of the above assessment, it is recommended that Noosa Council approve the
proposed Material Change of Use, subject to reasonable and relevant conditions. We look forward
to Council processing the application at its earliest convenience.
Should you require any additional information or have any queries please to not hesitate to contact
us.
RG Strategic Town Planning Report – MCU 19
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