Delegated Report - Code - Planning MCU20 0106

Author	Development Planner, Nadine Kirley
Coordinator Planning, Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0106
Applicant	Noosa Junction Properties P/L
Proposal	Material Change of Use - Food and drink outlet
Properly Made Date	7 October 2020
Information Request Date	3 November 2020
Information Response Date	16 November 2020
Decision Due Date	22 December 2020
Report Completed Date	10 December 2020
Report Reviewed By	Kerri Coyle 10.12.2020

PROPERTY DETAILS
Property Address	1 Arcadia St Noosa Heads Qld 4567
RP Description	Lot 232 RP 95668
Land Area	496 m²
Existing Use of Land	Commercial business

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Major Centre
Precinct	Noosa Junction Hospitality Precinct
Local Plan Area	Noosa Heads Local Plan Area
Overlays	Not applicable
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Food and drink outlet.  The development is proposed in Tenancy 2 & 3 of an existing building on the site totalling 92m2 of floor space and proposes the further inclusion of an outdoor dining area of approximately 24m2.  The proposal comprises 24m2 of kitchen and storage space, 68m2 of shop floor for indoor seating and dining and a further 24m2 of outdoor dining area.  The outdoor dining area is located within the bounds of Lot 232 on RP95688.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Street view

Figure 3 – Site Plan showing proposed lease area

Figure 4 – Proposed tenancy area with outdoor dining area

Figure 5 – Use area
site details
Background
The building is existing with Tenancy 2 & 3 previously used for commercial business uses and is currently vacant.  The applicant seeks to establish a food and drink outlet which would be accepted development except for the inclusion of the outdoor dining area.
Site Description
The site is located within an existing commercial building in the Noosa Junction hospitality precinct.  The site fronts Arcadia Street with a paved verge planted with street landscaping and a wide, paved and landscaped setback to the shop front.
Surrounding Land Uses
Commercial business uses including shops, offices, and food and drink outlets typically seen in the Major Centre Zone.  The nearest residential is approximately 140m to the east in Bottlebrush Avenue.

assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Major Centre Zone Code;
Noosa Heads Local Plan Code;
Business Activities Code;
Driveways and Parking Code
Landscaping Code
The subject site is located in Noosa Junction and is zoned Major Centre. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Proposed Use	Rate	Spaces required	
24m2: internal kitchen and storage areas 68m2: internal dining 24m2: outdoor dining area	0 spaces 1space /20m2 1 space/20m2	0 spaces 3.4 spaces 1.2 spaces	
Total		4.6 spaces	
Existing Use	Rate	Spaces Required	Existing Car parking required
92m2: existing office premises	1space /20m2		4.6

Access and Car Parking
The applicant has not indicated that any changes to access will be required to accommodate the development on the site.  The tenancy on this site has previously been used for commercial office space and shops with a carparking requirement for 1 space per 20m2 or part thereof, of use area for offices and shops up to 100m2 (excluding outdoor dining area) as calculated under the Superseded Planning Scheme.  As such, the subject site was required to provide for 4.6 parking spaces.
As the assessment of the application if made under Noosa Plan 2020, the parking rates for Food and Drink Outlet are calculated on use area excluding kitchen and food storage areas at 1/20m2. The use area of the proposed development is 92m2 where the kitchen and food storage areas are removed, and the outdoor dining area is included.  As such, the required parking numbers does not change from the previous requirement of 4.6 spaces.
It is noted that no car parking is provided on site. Based on the above analysis, no new parking spaces are required to meet the minimum sought by the acceptable outcome of the Driveways and Parking Code.  Further, it is considered that given the mixed use nature of the Noosa Junction sufficient car parking is available to accommodate the number and type of vehicles likely to be generated by the site.
Amenity
The site is located approximately 130-140m from the nearest sensitive land use.  An Information Request was sent to the applicant and included a request for an assessment of the proposal in light of the Amenity and safety Provisions within the Business Activities Code. The applicant response was limited to advice that there will be no amplified music played on site and advice that they were willing to accept a condition in this regard. The application has been conditioned accordingly.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU20/0106 for a Material Change of Use - Food and drink outlet situated at 1 Arcadia St Noosa Heads Qld 4567 and described as Lot 232 RP 95668, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0106
Street address:	1 Arcadia St Noosa Heads Qld 4567
Real property description:	Lot 232 RP 95668
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Food and drink outlet
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
-	-	Outdoor Use Area Plan, prepared by Clo Studios Interior Design	29.09.20
-	-	Indicative Furniture and Landscape Layout	11.11.20
036514.01 (Sheet 1 of 2)	-	Plan for Lease Purposes of Lease 2/3 in lot 232 on RP95668 prepared by Bennett & Francis	JW (as received by Council on 09/10/2020)
036514.01 (Sheet 2 of 2)	-	Diagram prepared by Bennett & Francis	Received by Council on 09/10/2020
Nature and Extent of Approved Use
The approved use must not operate outside the hours of:
6am to 10pm Sunday to Thursday
6am to 12am Friday and Saturday
The requirements of this decision notice must be included in the Community Management Statement for any body corporate for the subject site.
The approved outdoor dining area must not exceed the size of the kitchen and food storage area of the associated Food and Drink Outlet tenancy (2 & 3).
No amplified music is permitted.
Acoustic live music (not reliant on electric or electronic equipment) ceases to operate in outdoor spaces by:
10:00pm Sunday – Thursday
12:00 midnight Friday and Saturday
Outdoor dining treatment
Prior to commencement of the use, a minimum of 3 landscaped planter boxes or potted plants with a pot size of 100 litres must be set within 1m of the outer extents of the outdoor dining area.  Such pots/ boxes shall be planted out with vegetation that is between 0.5m and 2.0m in height and a minimum foliage width of 0.4m at the time of planting and of a species suited to the conditions in which they will be situated.  The required landscaped planter boxes/ pots shall be maintained for the duration of the use.
Any solid structure for the required planter boxes/ pots must have an interesting finish such as timber panelling or the like and not a rendered masonry finish to enhance the softening effect of the landscaping.
Existing garden beds must be retained and enhanced with native species in accordance with Council’s PSP3 landscaping Plants and Guidelines.
Placement of planter boxes/ pots and outdoor seating must maintain suitable pedestrian access to and through the outdoor eating area.
Amenity
The operation of the food and drink outlet and associated activities must not result in environmental nuisances such as noise, visual or odour impacts that unreasonably diminish the amenity of the area or surrounding uses.
Building Appearance
Ground floor shopfront glazing along the Arcadia Street frontage must be fully transparent to a minimum of 65% of the street frontage to allow passive surveillance and encourage social interaction
Currency Period
This development approval lapses if the use has not happened by 11 December 2026 unless an application to extend the currency period is approved by Council.

referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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