09/0828 - MCU - Entertaining & Business Type 1 [As Published] · 132009.828

Page 2

 

  

Joe wo EE . COMMENT «
IDAS REFERRAL AGENCIES TRIGGERS (Most frequent referrals) : -

 

 

 

 

 

Please tefer to IDAS Checklist for. complete list ‘Please tick
Department of Main Roads (Concurrence orAdvice)
* State Controlled Road
Dept Natural Resources & Water
e Acidsulphate soils (Advice) nee ne
¢ Clearing of native vegetation on freehold land (Concurrence)
Environmental! Protection Agency (Concurrence)
« Environmentally Relevant Activity (for non-devolved Council as EPA)
« Contaminated fand
* Environmental Management/Contaminated Land Register
UXO
« Land recently used as a ‘notifiable activity’
* — Industrial land changed to sensitive uses (eg school)
e Coastal related development.
e Koala habitat KO
e Wetlands (Advice only)
Queensland Transport (Concurrence) @
° Railway see eeee
. Public Passenger Transport Vv

 

Energex or other responsible entity (Advice)

° Electricity Easements/Substations

 

DIP (Concurrence)

. SEQ Regional plan

 

VARIOUS ‘
e Conservation estate (Advice)

 

OTHER STATE AGENCIES +: TRIGGERS

 

 

 

 

|, OWNER’S CONSENT (State land) ~~ "TEE

BM 4 *

 

 

Department of Natural Resources and Mines

EPA

 

 

 

 

 

For further clarification refer to IDAS Guides prepared by Department of Infrastructure & Planning.

NSC g:\anduse\administrative processes\application checklist.doc

Page 3

Our Ref: 09038 / 11276ms.q
26 June 2009

The Chief Executive Officer
Sunshine Coast Regional Council
Locked Bag 72

Sunshine Coast Mail Centre Qld 45460 §GRC - Tewantin
Aion! Counter
. ei

Dear Sir

   

Development Application for Material Change of Use (Entertainment and
Dining Business) - Type 1 Food and Beverages located at Unit 15 Noosa
Fair Shopping Centre, 3, Lanyana Way, Noosa Heads and legally
Described as Lot 54 RP139776

Please find enclosed our client's application for Material Change of Use
(Entertainment and Dining Business) - Type 1 Food and Beverages . This
application is made under the provisions of the Noosa Plan 2006 Planning
Scheme.

In accordance with Section 3.2.1 of the Infegrafed Planning Act 1997, the
application also includes the following:

Q Part A, Part D and Assessment Checklist of the IDAS forms, duly completed;

Q Five copies of the Town Planning Report including proposal plans and
specialist reports;

Q One electronic copy of the application {on CD) including the relevant
declaration; and ,

Q Acheque in the amount of $3,400.00 being the relevant application fees

We look forward to Council processing the application at its earliest convenience.
In the meantime, should you have any queries, do not hesitate to contact the
writer on 07 5443 5566.

Yours faithfully
Dillon Folker Stephens Pty Ltd

ase Seth .

Mick Sheppard
Associate Director

Encl. Report with Attachmenis, IDAS Forms, Cheque

cc: Noosa Fair (Holdings) Pty itd

DILLON
FOLKER
STEPHENS

TOWN PLANNERS

Loh os Tat NL teed
SCHOMBURGK PLANNING

\

DIRECTORS
GARY DILLON
PETER FOLKER

KARI STEPHENS

ASSOCIATE DIRECTOR
MICK SHEPPARD

LEVEL 1

1 BEACH ROAD
MAROOCHYDORE

PO BOX 605
MAROOCHYDORE
QUEENSLAND
AUSTRALIA 4558

T 07 5443 5566

F 07 5443 9977
[email protected]
dfstownptanners.com.au

DILLON FOLKER STEPHENS PTY LTD.

ACN 095 BB4 129 ABN 32 095 884 129

Page 4

INTEGRATED PLANNING ACT 1997

Form 1 Development Application

 

 

 

  

information provided on the DAS Application Form is correct. This information is relied upon by the Assessment Manager and any referral agencies wren assessing and
(deciding this application, By todging this application, the Applicant incurs the obligations and responsibilities prescribed by the IPA. Any development permit or preliminary
approval that may be issued as a consequence of this application will be issued to the Applicant.)

Part A, Version 3.1, 3 March 2008

 

 

 

 

 

Company/organisation name (if applicable) [Noosa Fair (Holdings) Pty Ltd C/- Dillon Folker Stephens Town Planners

 

Individual applicant/Contact person (if there is more than one applicant, provide additional applicant details on an attachment to this form)

 

 

 

Lastname  |Sheppard

 

 

Postal address [Po Box 605, Maroochydore Qld 4558

 

 

 

 

Contact telephone number 07 5443 5566 Mobile phone number na

 

Facsimile number 07 5443 9977 e-mail address

 

 

 

[Details of the premises (ie. the land on which the development is proposed - refer to the advice at the end of the form)
Identify the premises by completing Table A, or Table B and/or Table C (ensure adequate information is given to identify the premises)

1.

Table A

{f the application is for a mobile and temporary Environmentally Relevant Activity (ERA), complete Table A only. Then go to Q2.

 

Name of each local goverment area in which the mobile and temporary ERA Is proposed to operate

 

OR

 

i 1|nla

 

 

Table B Street address for the premises (tick applicable box/es below and insert property description in the table. Identify each lot in a separate row.)

(i) [XJ Street address / lot on plan for the premises (Appropriate for most applications including building applications); OF

(ii) [[] Street address /lt on plan for the land adjoining or adjacent to the premises (Appropriate for devefopment in water e.g. jetty,
pontoon etc) (Note: Loton plan details may be obtained from title documents, a ‘Rate’ notice, or from the local government.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

hae Fao a * +S TOSS: Fahalae= ol E Iption}ei-) nc yen no gas Liticch- meee
a — F = » Sttest Address Riau See ae» Lot es is or govern ment Bea ea. ogi a
No. | No. Street Name and official suburbfocality name —_| Post Code | Lot No. Plan Number Caims)
[ 1 |15 | 3 | (Noosa Fair Shopping Centre) Lanyana Way, 4567 4 RP 139776 _| Sunshine Coast Regional Counci}
Noosa Heads
AND/OR
Table Coordinates and/or a map of the premises (Appropriate for development in remote areas, over part of a lot, in water (e.g. channel dredging in Moreton
Bay) etc.)
Coordinates
(Note: place each set of coordinates in a separate row) Zone Datum Local goverment area
Easting Northing Latitude Longitude Reference (applicable)
1 (-) ocoa94
LD weses
(J Otter -

 

 

 

 

 

 

 

 

 

 

2.

Identify if any of the following apply to the premises by completing Tables D, E, or F. (vote: in most instances, the premises will not involve any of
the following characteristics, however some applications may involve one or more of these characteristics - complete only if applicable)

Page 5

INTEGRATED PLANNING ACT 1997 Part A, Version 3.1, 3 March 2008
Table D Complete if the premises are adjacent to or associated with a water body, watercourse or aquifer (e.g. river, creek. lake, canal)

 

Name of water body, watercourse or aquifer (if known)

 

ft na

 

Table E Complete if the premises are on Strategic Port Land under the Transport Infrastructure Act 1994
Lot on plan description for strategic port land Port Authority for the lot

 

 

[1 na

 

Table F Complete if the premises are in tidal water
Name of local govemment for the tidal area (if applicable) Name of port authority for the tidal area (if applicable}

 

 

 

 

 

(1 Wa

 

3. Indicate the total area of the premises on which the development is proposed: (Note: The total area may include land both above and below water)

 

Total area of premises

 

2.82 (C)m? [hectares (Tick applicable unit)

 

 

 

 

 

 

Existing use of the premises ~~ = = De "so "7 |
4. — Current use/s of the premises: (e.g. vacant land, house, townhouses, apartment building, shop, service station, school, sugar cane farming etc.)

 

[4 [Retail Business (shop) |

 

5. Are there any existing easements on the premises? (e.g. for vehicular access, electricity, avertand flow, water etc.)?

& No Oo Yes - Ensure the type, location and dimensions of each easement are included in plans, submitted with the application
[Proposal details ]
6. Brief description of the proposal (e.g. 6 unit apartment building, 30 lot residential subdivision, a bore, aquaculture)

 

 

 

Type 1 Food & Beverages (Entertainment & Dining Business use class)

 

 

 

7. Does the poposal include new buildings or operational work (including any services) on the premises?

Oo No & Yas - Ensure the nature, location and dimensions of the proposed works are included in plans, submitted with the application

 

(Résource entitlement (if applicable)  - further information is provided in the advice section at the end of the form ]

 

8. Does the application involve taking or interfering with a State resource and therefore require a resource entitlement? (e.g. the application
involves State land fleased and freehold), declared Fish Habitat areas, taking quarry material, taking or interfering with water under the Water Act 2000, etc.)

& No - Got Q9 | Yes - Complete fable G - provide details for each evidence required on a separate row, if applicable. Evidence of resource
allocation or entitfement must be submitted with the application. You do not need to answer Q9 - go to the next section.

 

[Owner's consent (if applicable) _- further information is provided in the advice section at the end of the form 1

9. Complete Table H for applications involving a material change of use; reconfiguration of a lot; work on land below high-water mark and
not within a canal as defined under the Coastal Protection and Management Act 1995; or work on rail corridor land defined under the
Transport infrastructure Act 1994 - provide details for each owner on a separate row, or on an attachment to this form if applicable.

 

 

 

 

 

 

 

 

 

 

Premises Owner's name/s Details of the premises owned ‘ . Date consent
Table H and postal address (street address or lot on plan description) Owns’ spare was obtained
: : Noosa Fair Shopping Centre, 3 Lany; : pib.2b.oF
Noosa Fair (Holdings) Pt =
1 oN a ir (Holdings) Pty Way, Noosa Heads and is legally Tow SN Apne
FRAES EES,

 

 

    
 

described as Lot §4 on RP 139776 4
con

¥ v/
* Owners signature cannot be provided on the form if you intend to submit the application electronically. Owner's jent yh
attachment containing appropriate written documentation of the owner's consent. If the owner is a company, 5127 of the’ Coy i
company may sign as owner. Templates for the pravision of owner's consent are available on the IPA website .

to the assessment manager on an
ns Act 2001 (Cwealth) detailshowa D Rzito€s

 

Attachments and supporting information (Complete Table! - Use a separate row for each type of attachment or information, including information required
funder this Part} Please ensure all documentation submitted with this form, including other Parts of Form 1, or owner's consent, etc, are securely attached to this Part of the Farm.

 

 

Description of attachment or information te /
Table | (e.g. Part C of Form 1, owner's consent, evidence of resource Title (if appticable)
allocation/ertitiement. plans, drawings, reports)

1 IDAS Form D and Checklist

Date Method of delivery to
{e.g. General Authority James StreetTraffic Report) assessment manager

 

 

 

 

 

 

 

 

Page 6

INTEGRATED PLANNING ACT 1997
[2 | Town Planning Report (including plans) |

Part A, Version 3.1, 3 March 2008

I

 

[Portable Long Service Leave (PLSL) levy (Applicable for certain bulging and construction work valued over $80,000 onty)

10. The Portable Long Service Leave Levy {PLSL) is not applicable to this application if any of the following apply: ( Tick box if applicable}

(_] the application seeks a preliminary approval only;

[X] the application is not for building and construction work under the Building and Construction Industry (Portable Long Service
Leave) Act 19917, section 3AA (e.g. the application is only for a change of use, or for the following types of work carried out solely for
farming purposes: land clearing, site preparation, earthworks, fences, fodder harvesting, clearing of encroaching vegetation, clearing of
regrowth, thinning vegetation or controlling weeds or pests);

LJ ali costs, that relate to the work both directly and indirectly, are less than $80,000, inclusive of GST; or

(1 the work is being carried out under an owner-builder permit issued under the Queensland Building Services Authority Act 1991 -
Complete and submit a QLeave Notification and Payment Form (no payment required if owner-builder permit number stated). The receipted form must be
sighted by the assessment manager befare a development permit can be given.

141. Is payment of a PLSL levy applicable to this application? (Refer to Q10 and the Advice below for more information)?

KX) No - Ena of Part a

(1) Yes - Answer Q12 below

 

OFFICE USE ONLY (For use by the Assessment Manager / Private Certifier) {Optional}

 

Fee ($)| Suc

 

 

Date received

 

Pe) to | F

 

 

Receiving officer's
name

 

PS Rowe]

Reference

 

 

671/928

 

 

RAumbers
7

 

NOTIFICATION OF ENGAGEMENT OF PRIVATE CERTIFIER

 

To:

 

 

 

J

Council. | have been engaged as the private certifier for the building work referred to in this application.

 

Date of
engagement

Name

BSA Certification number

Building classification/s

 

 

 

 

 

 

QLEAVE NOTIFICATION AND PAYMENT (for completion by assessment manager or private certifier if applicable)

 

Description of the work

QLeave Project Number

Amount paid ($)} Date paid

Oate receipted

form sighted by | Name of officer who sighted the

assessment
manager

form

 

1

 

 

 

 

 

 

 

 

Privacy Statement
The information collected on Form 1 will be used by the Department of infrastructure and Planning (DIP) in accordance with the processing and assessment of your Application.
Your personal details wil! not be disclosed for a purpose outside of the IDAS process, except where required by legislation (including the Freedom of Information Act 1992) or as
required by Parliament. This information may be stored in a DIP database. The information collected will be retained as required by the Public Records Act 2002.

 

 

Advice for completing Part A

 

General advice

. Part A of IDAS Development Application Form 1 must be completed and accompany all development applications. The applicant is responsible
for answering all questions fully and correctly, unless following a response there is a statement to go directly to another question, The
Assessment Manger may refuse to receive an application that is not properly made.

je The IDAS Assessment Checklist must also be completed for all development applications, other than those requiring assessment against the
Building Act 1975 only, i.e. those applications requiring the completion of Parts A and B only.

 

Applicant details

 

. If the applicant is a company or organisation, a contact person must be nominated. The applicant's signature is not required to be provided
under the IPA.

 

 

Page 7

INTEGRATED PLANNING ACT 1997 Part A, Version 3.1, 3 March 2008

 

Details of the premises

The term ‘premises’ is defined by the IPA, schedule 10 to mean a building or other structure, and land (whether or not a building or other

structure is situated on the land). The term ‘land’ is also defined to include the estate in, on, over or under the land.

Deiails of the land are not required if the application involves a mobile and temporary Environmentally Relevant Activity only. Instead complete

Table A.

The premises may be identified in a number of ways —

¢ Street address and lot on plan are most common and will apply to most applications.

« Coordinates may provide the best means of accurately identifying the location of development proposed in waters, or on a relatively small
development site distant from property boundaries on a large lot. Sufficient coordinates need to be provided to identify the boundary of the
premises the subject of the application. Eastings and northings using GDA94 datum is preferred, but longitude and latitude and other
(specified) datum such as Zone Reference or GS84 may be provided.

The definition of ‘water body’ and ‘watercourse’ can vary from Act to Act.

StrategicPortLandis within a local goverment area but a local government's planning scheme does not apply onStrategicPortLand.

StrategicPortLandis declared under the Transport infrastructure Act 1994. For further information go to IDAS Guide 14 (Development on

strategic port land) and the Queensland Transport (Ports) website.

“Tidal water is defined in the Coastal Protection and Management Act 1995 (Schedule) and ‘tidal area’ for a local government and for strategic

port land is defined in the IPA (schedule 10). Generally, the area below “high-water mark’ (defined by the Coastal Act in relation to high water

mark at spring tides) establishes the boundary of a tidal area. Land below high water mark is not within a local government's area unless
provided for under the Local Government Act 1993. Unless otherwise provided for by legislation, a local government has no jurisdiction below
high water mark. A tidal area for strategic port land is within the jurisdiction of the relevant port authority, while the Environmental Protection

Agency generally has jurisdiction for a local government tidal area. However, the IPA gives local governments jurisdiction for assessing and

deciding applications for prescribed tidal works within the local government tidal area, and the planning scheme may be applied to that

assessment (to the extent provided for in the code for prescribed tidal work).

 

Resource entitlement

Section 3.2.1(5) of the IPA requires evidence of resource entitlement be given for applications if they involve taking or interfering with a
prescribed State resource. Schedule 10 of the integrated Planning Regulation 1998 (IPR) prescribes the State resources, including State-
owned land, where evidence is required to be given, and the evidence required to support the application, Link to Integrated Planning
Regulation. Section 3.2.1(10)(a){ii) states an application cannot be taken to be properly made without the required evidence.

For applications involving the taking or interfering with water under the Water Act, the development application may be made at the same
time as the request for resource entitlement, and the Department of Natural Resources and Water will accept the application as properly made.
For State-controlled roads, a resource entitlement is not required for an activity that is exempt ancillary works or encroachment (identified by
gazette notice under the Transport Infrastructure Act 1994, section 50), or if the activity requires referral to the Department of Main Roads.
Evidence may be required from more than one Department responsible for a State-owned resource, e.g. from the Environmental Protection
Agency for quarry material below high water mark, and the Department of Natural Resources and Water in relation to the State-owned land
above high water mark,

 

Owner's consent

Section 3.2.1(3) of the IPA prescribes that an application must contain, or be supported by, the written consent of the land owner/s, if the
application involves: a material change of use; reconfiguration of a lot; work on land below high-water mark and not within a canal as defined
under the Coastal Protection and Management Act 1995; or work on rail corridor land defined under the Transport infrastructure Act 1994.
Evidence of this consent may need to be provided before the application will be accepted as properly made by the Assessment Manager, during
the processes of the application or in the event of an appeal about the outcome of the application.

“Owner for the purpose of a lodging an IDAS development application means the person at the time of lodging the application, entitled to
receive the rent for the land (or would be entitled to receive the rent for it if it were let to a tenant at a rent).

Templates are available from the IPA website for the provision of owner's consent as an attachment to this form. However other documentation
may be used for providing owner's consent provided it is clear the documentation relates to the development application for the premises,
Owner's consent, if required, must be provided even if the applicant is the owner. Owner's consent is not required for a mobile and temporary
ERA.

 

Portable Long Service Leave (PLSL) Levy

 

The Building and Construction Industry Portable Long Service Leave Scheme provides long service leave entitlements to workers in the building
and construction industry who would be unlikely to accrue enough service with one employer to qualify for long service leave. To fund the
scheme, a Portable Long Service Leave Levy (PLSL levy) is collected on certain building and construction work carried out inQueensland.

The PLSL levy amount and other prescribed percentages and rates for calculating the levy are stated in the Building and Construction Industry
(Portable Long Service Leave) Regulation 2002. Included in the amount collected by QLeave is the Workplace Health and Safety Fee and the
Building and Construction IndustryTrainingLevy.

‘The Building and Construction industry (Portable Long Service Leave) Act 1997 (PLSL Act) defines the building and construction work subject to
the PLSL levy and includes renovating, relocating, constructing, altering, demolishing, maintaining or repairing buildings, pools, roads, jetties,
pipelines, fences or earthworks, and works for subdividing, irrigating or draining land.

The PLSL levy need not be paid when the application is made, but the PLSL Act requires the levy to be paid before a development permit may
be issued.

The Assessment Manager must sight an approved form issued by QLeave advising of the status of the payment of the PLSL levy. Building and
Construction Industry Notification and Payment Forms are available from anyQueenslandpost office or agency, on request from QLeave, or can
be completed on the QLeave website at www.gleave.qid.gov.au. For further information contact QLeave (Tel: 1800 803 481 Web:
www.qleave.qid,gov.au )

 

 

Page 8

O

INTEGRATED PLANNING ACT 1997

Part A, Version 3.1, 3 March 2008

 

 

 

“appiovali that’ toy be issuedas.a ‘consequence, ofthis application will bellssuéd. to the So Alcan)

 

 

aan adhere

 

 

 

Company/organisation name (if applicable) [Noosa Fair (Holdings) Pty Ltd C/- Dillon Folker Stephens Town Planners

 

Individual applicant/Contact person (if there is more than one applicant, provide additional applicant details on an altachment to this form)

 

Title

[w__]

 

 

Last name

 

Postal address

 

[PO Box 605, Maroochydore Qld 4558

|

 

 

Contact telephone number

Mobile phone number

nla

 

Facsimile number

 

e-mail address

07 5443 5566

07 5443 9977

 

 

[email protected]

 

Details:of thé ‘premises ee:.the land on wher the pe developmentis proposed tele to ihesadvice ‘at the end.of ihe form)

1.
Table A

“Identify the premises by completing Table A, or Table 8 and/or Table C (ensure adequate information is given to identify the premises)
If the application is for a mobite and temporary Environmentally Relevant Activity (ERA), complete Table A only. Then go to Q2.

 

Namie:of each: local, govemment-area in-which'the mobile‘and temporary ERA‘is propdsedito operate:

 

 

nla

| 1

 

 

oR
Table B Street address for the premises (tick applicable box/es below and insert property description in the table. Identify each lot in a separate row.)

(i) QQ Street address / lot on plan for the premises (Appropriate for most applications including building applications): Of

(ii) [[] Street address Aot an pian for the land adjoining or adjacent to the premises (Appropriate for development in water e.g. jetty,
pontoan etc) (Nate: Lotan plan details may be obtained from title documents, a ‘Rate’ notice, or from the local government.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

an Sheet Steot Address: - = ~ 4 toton ear ‘Local. government’ afea (0.9: -togan,
“NO: | No, Stee Nie and fil surbocalty ame . Post Code’ ‘tot Na. " Plan, Nuniber . Gals): s
[ 1 15 [3 | Noosa Far Shopping Centre) Lanyana Way, 4567 54 RP 139776 —_| Sunshine Coast Regina Councit
Noosa Heads
AND/OR
Table C Coordinates and/or a map of the premises (Appropriate for development in remote areas, over part of a fot, in water (e.g. channel dredging in Moreton
Bay) etc.}
* Coordinates . . 7
(Note: place each set of coordinates in a separate row). - Zone. oD aim _ | bocalgovamment area
Easting Northing. | Latiude | Longitude | Reference} * ” (applicable)
1 1 ocoaga
C weses
O Other -

 

 

 

 

 

 

 

 

 

2.

Identify if any of the following apply to the premises by completing Tables D, E, or F. (Note: in most instances, the premises ‘will not involve any of

the fallovaing characteristics, however some applications may involve one or more of these characteristics - complete only if applicable)

Page 9

 

 

INTEGRATED PLANNING ACT 1997 Part A, Version 3,1, 3 March 2008
Table D Complete if the premises are adjacent to or associated with a water body, watercourse or aquifer (e.g. river. creek. lake, canal)

Name of water body, watercourse or aquifer (ifknewn)
jt |na

Table E Complete if the premises are on Strategic Port Land under the Transpon Infrastructure Act 1994
Lot on plan-description for strategic port land : Port Authority for thie lot
fi ala

Table F Complete if the premises are in tidal water
Name of focal. goverimentifor the tidal area-( applicable) | Name of port authority. for the tidal-area. (it applicable)

 

 

 

 

 

 

 

 

 

 

 

 

[1 a

 

3. Indicate the total area of the premises on which the development is proposed: (Note: The total area may include land both above and below water)

 

 

~ “Totaliatea'of premises. ° .  *
2.82 (1m? hectares (Tick applicable unit)

 

 

 

 

Existing use of the-premises " * :
4, Current use/s of the premises: (e.g. vacant fand, house, townhouses, apartment building. shop. service statiun, schoc!, sugar cane farming etc.)

 

[1 | Retail Business (shop) .
5. — Are there any existing easements on the premises? (c.g. for vehicular access, electricity, overland flow, water ete,)?
&] No Oo Yes - Ensure tho type, location and dimensions of each easement are included in plans, submitted with ihe application

Proposal ‘details. ee
6, Brief description of the proposal (e.g. 6 unit apartment building, 30 lot residential subdivision, a bore, aquaculture)

 

Type 1 Food & Beverages (Entertainment & Dining Business use class)

 

 

7. Does the poposal include new buildings or operational work (including any services) on the premises?
Q No & Yes - Ensure the nature, location and dimensions of the proposed works are included in plans, submitted with the application

  

Resource entitlement’ it applicable) “= ““Tarhet information is proved in the advice section ut ihe. eh ft form. ne ,

Apa at A — ee we aoe oe ener ne ne =

8. Does the application involve taking or interfering with a State resource and therefore require a resource entitlement? (e.g. he application
involves State land (leased and freehold), declared Fish Habitat areas, taking quarry material, taking or interfering with waler under the Water Act 2000, etc.)

&] No - Gato ag oO Yes - Complete fable G - provide details for cach evidence required on a Separate row, if applicable. Evidence of resource
allocation or entifement must be submited vith the application. You do not need tu answer QY - go io the next section.

 

Owner's consent (i. applica _ further r information fs provided in the advice, section at the:end oh the.form

9. Complete Table H for applications involving a material change of use; reconfiguration of a lot; work on land below high- water mark and
not within a canal as defined under the Coastal Protection and Management Act 1995; or work on rail corridor land defined under the
Transport Infrastructure Act 1994 - provide details for each awner an a separate rove, or on an attachment ia this form if applicable,

  

 

 

 
  
   

 

 

 

 

 

 

 

 

 

 

Table Premises Qwnersnamals. |  _Oetalls of the premises owned: Ownérssandurer | Date consent
| __-and-postal address - " (siteét aitdress or-lat on plan description): f _ was. obtained,
' Noosa Fair (Holdings) Pty Noosa Fair Shopping Centre, 3 Lany; 2s 06.09)
Ltd Way, Noosa Heads and is legally Tom hotter get & AR lsd
described as Lot 54 on RP 139776 a
VFRTES eT Ma

* Owner's signature cannot be provided on the farm if you intend to submit the application electronically. Owner's congent mtu: yb
attachment containing appropriate written documentation of the owner's consent. If the owner is a company, $127 of the’ Cog
company may sign as owner. Templates for the pravision of owner's consent are available on the iPA website .

idd to the assessment manager on an
fons Act 2001 (Cwealth) details how a Gmeetcn

677 DLE BES

Attachments and supportin ig information (Comptete Table | - Use a separate row for each type of attactiment or information; including information: required
under this Parl) Please &h ensure’ ‘al [documientatin ‘submitied with this ‘form, lnchuding other Parts Gf Férm:1, or owner's corisent:etc, are Securely attached to this’Part of the Fottin,

 

Description of. attachment orinformation +}. ° Tihe-w applicable) Date Method of delivery to.

Fable | . peg General Authority James SoetTidtte Report) : assessment manager

 

 

~allocaitionden lement, piéns, drawings, reports)
[1 _[IDAS Form D and Checklist

 

 

 

 

 

 

 

Page 10

 

INTEGRATED PLANNING ACT 1997 Part A, Version 3.1, 3 March 2008
[2 [Town Planning Report (including plans) . [ i l |
Portable Long Service Leave {PLSL) levy: (Applicable for centait bisicing and constniction work valred over $80,000 only)
10. The Portable Lang Service Leave Levy (PLSL) is not applicabie to this application if any of the following apply: (Fick box if applicable)
(_] the application seeks a preliminary approval only;

EX} the application is not for building and construction work under the Building and Construction Industry (Portable Long Service
Leave) Act 1991, section 3AA (e.g. the application is only for a change of use, or for the following types of work carried out solely for
farming purposes: land clearing, site preparation, earthworks, fences, fodder harvesting, clearing of encroaching vegetation, clearing of
regrowth, thinning vegetation or controlling weeds or pests);

() all costs, that relate to the work both directly and indirectly, are less than $80,000, inclusive of GST; or
{[] the work is being carried out under an owner-builder permit issued under the Queensland Building Services Authority Act 1991 -

Complete and submit a Qleave Notificaiian and Payment Form {na payment required if owner-builder permit number stated), The seceipted farm must be
Sighted by the assessment manayer before a development permit can be given,

11. Is payment of a PLSL levy applicable to this application? (Refer to Q10 and the Advice below for more information)?

No - End of Part A

(1) Yes - answer 012 helavr

 

OFFICE USE ONLY (For use by the Assessment Manager / Private Certifier) (Optional)

 

Receiving officer's Reference
name numbers

 

 

 

Fee ($) Date received

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1

 

Privacy Statement

The information collected an Form 1 will be used by the Department of infrastructure and Planning (DIP) in accordance with the pracessing and assessment af your Application.
Your personal details will not be disclosed for a purpose outside of the IDAS process, cxcept where required by feyistation (including the Freedom af Information Act 1992) or as
required by Parliament, This information may be stored ia a DIP database. The information collected will be retained as required by the Public Records Act 2002,

 

 

Advice for completing Part A

General advice

. Part A of IDAS Development Application Form 1 must be completed and accompany all development applications. The.applicantis responsible
for answering all questions fully and correctly, unless following a response there is a statement to go directly to another question, The
Assessment Manger may refuse to receive an application that is not properly made.

. Tha IDAS Assessment Checklist must also be compteted for all development applications, other than those requiring assessment against the
Building Act 1975 only, i.e. those applications requiring the completion of Paris A and B only.

 

 

Applicant detaits
. If the applicant is a company or organisation, a contact persan must be nominated. The applicant's signature is not required to be provided

under the IPA.

 

 

Page 11

 

INTEGRATED PLANNING ACT 1997 Part A, Version 3.1, 3 March 2008

 

Oetails of the premises

The term ‘premises is defined by the IPA, schedule 10 to mean a building or other structure, and land (whether or not a building or other

structure is situated on the land). The term ‘land’ is also defined to include the estate in, an, over or under the land.

Details of the land are not required if the application involves a mobile and temporary Environmentally Relevant Activity only. Instead complete

Table A.

The premises may be identified in a number of ways —

« Street address and lot on plan are most common and will apply to most applications.

+ Coordinates may provide the best means of accurately identifying the facation of development proposed in waters, or an a relatively smail
development site distant from property boundaries on a large tot. Sufficient coordinates need to be provided to identify the boundary of the
premises the subject of the application, Eastings and northings using GDA94 datum is preferred, but fongitude and latitude and other
(specified) datum such as Zone Reference or GS84 may be provided.

The definition of ‘water body’ and ‘watercourse’ can vary from Act to Act.

StrategicPortLandis within a local gavemment area but a local government's planning scheme does not apply onStrategicPortLand.

StrategicPortLandis declared under the Transport Infrastructure Act 1994. For further information go to DAS Guide 11 (Development on

strategic port land) and the Queensland Transport (Ports) website.

‘Tidal water’ is defined in the Coastal Protection and Management Act 1995 (Schedule) and ‘tidal area’ for a local government and for strategic

port land is defined in the IPA (schedule 10). Generally, the area below ‘high-water mark’ (defined by the Coastal Act in relation to high water

mark at spring tides) establishes the boundary of a tidal area, Land below high water mark is not within a.local government's area unless
provided for under the Local Government Act 1993. Unless otherwise provided for by legislation, a local government has no jurisdiction below
high water mark. A tidal area for strategic port land is within the jurisdiction of the relevant port authority, while the.Environmental Protection

Agency generally has jurisdiction for a local govemiment tidal area. However, the IPA gives local governments jurisdiction for assessing and

deciding apptications for prescribed tidal works wilhin the local government tidal area, and the planning scheme may be applied to that

assessment (to the extent provided for in the code for prescribed tidal work).

 

 

Resource entitlement

Section 3.2.1(5) of the IPA requires evidence of resource entitlement de given for applications if they involve taking or interfering with a
prescribed State resource. Schedule 10 of the Integrated Planning Requiation 1998 (\PR) prescribes the State resources, including State-
owned land, where evidence Is required to be given, and the evidence required to support the application, Link to Integrated Planning
Regulation, Section 3.2.1(10}(a}(ii) states an application cannot be taken to be properly made without the required evidence.

For applications involving the taking or interfering with water under the Water Act, the dévelopment application may be made at the same
time as the request for resource entitlement, and the Department of Natural Resources and Water will accept the application as properly made.
For State-controlted roads, a resource entitlement is not required far an activity that is exempt ancillary works or encroachment (identified by
gazette notice undar the Transport infrastructure Act 1994, section 50), or if the activity requires referral to the Department of Main Roads.
Evidence may be required from more than one Department responsible for a State-owned resource, @.g. from the Environmental Protection
Agency for quarry material below high water mark, and the Department of Natural Resources and Water in relation to the State-owned land
above high water mark.

 

Owner's consent

Section 3.2.1(3) of the IPA prescribes that an application must contain, or be supported by, the written consent of the land owners, if the
application involves: a material change of use; reconfiguration of a lot; work on land below high-water mark and not within a canal as defined
under the Coastal Protection and Management Act 1995, or work on rail corridor land defined under the Transport Infrastructure Act 1994,
Evidence of this consent may need to be-provided before the application will be accepted as properly made by the Assessment Manager, during
the processes of the application or in the event of an appeal about the outcome of the application.

“Owner for the purpdse of a lodging an IDAS development application means the person at the time of fadging the: application, entitled to
receive the rant for the tand (or would be entitled to receive the rent for it if it were tet to a tenant at a rent).

Templates ara available from the IPA website for the provision of owner's consent as an attachment to this form. However other documentation
may be used for providing owner's consent provided it is clear the documentation relates to the development application for the premises.
Owner's consent, if required, must be provided even if the applicant is the owner. Owner's consent is not required for a mobile and temporary
ERA.

 

Portable Long Service Leave (PLSL) Levy

The Building and Construction Industry Portable Long Service Leave Scheme provides long service leave entittements to workers in the building
and construction industry who would be unlikely to accrue enough service with one employer to qualify for long service teave. To fund the
scheme, a Portable Long Service Leave Levy (PLSL levy) is callected on certain building and construction work carried out inQueenstand.

The PLSL levy amount and other prescribed percentages and rates for calculating the levy are stated in the Building and Construction industry
(Portable Long Service Leave) Regulation 2002. Included in the amount collected by QLeave is the Workplace Health and Safety Fee and the
Building and Construction IndustryTrainingLevy.

The Building and Construction industry (Portable Long Service Leave) Act 1997 (PLSL Act) defines the building and construction work subject to
the PLSL tevy and includes renovating, relocating, constructing, altering, demolishing, maintaining or repairing buildings, pools, rdads, jetties,
pipelines, fences or earthworks, and works for subdividing, irrigating or draining land.

The PLSL levy need not be paid when the application is made, but the PLSL Act requires the levy to be paid before a development permit may
be issued,

The Assessment Manager must sight an approved form issued by QLeave advising of the status of the payment of the PLSL levy. Building and
Construction Industry Notification and Payment Forms are available from anyQueensiandpost office or agency, on request from QLeave, or can
be completed on the QLeave website at www.cleave.qld.gov.au. For further information contact QLeave (Tel: 1800 803 481 Web:

‘wvaw, gleave.qid.gov.au )

 

 

 

Page 12

INTEGRATED PLANNING ACT 1997 Part D, Version 3.2

  
    

~ fs

 

 

    

Material change of use assessable agains¢
planning scheme

 

 

Planning'scheme identification. Ter oe

   
 
  

    

a 2
How is the premises identified / zoned in the applicable planning scheme? (NOTE: if the premises invowos dhe xf
relevant zone for each lot) - provide details for each lot on a separate row

 

       

 

 

 

 

 

 

"- Lot;déscription . « ‘wa. eee eee
ig) (Get Sbét address lot.cn plan détais)r|.” Applicable cone precinct /area- ee ay .
4 | Lot54 on RP 139 776 Noosa Heads Locality - Business Biodiversity Overlay (Environmental
Centre Zone Enhancement) and Natural Hazard
Overlay (Bushfire & Acid Sulfate
Soils)

 

 

 

aclrange of. use (MCU) -

How is the proposed use/s defined in the applicable planning scheme?

 

0, of. dwelling /
ached:: .{, tenancywunits., "|,
oh i Mit applicable):"*;4.

1

  
  

 
  

 

 

Type 1 Food & Beverages
(Entertainment & Dining Business use
class)

 

 

 

 

 

 

 

 

 

 

What type of approval is being sought?
<] Development Permit {[] Preliminary Approval (J Both (Provide details below)

Are there any current approvals associated with this application for the change of use of the premises? (o.9. a Preliminary Approval for
the use )

4] No O Yes - Provide details for each associated approval on a separate row

Does the proposed use involve:

{i) the reuse of existing buildings on the premises (J No [EX] Yes - Complete Table 4
{ii) new building work on the premises i) [Yes - Complete Table 8
(iii) the reuse of other existing operational works on the premises (] No DX] Yes - Complete Table C
(iv) new operational work on the premises No LJ Yes - Complete Table D

 

Table A | Existing floor area Refer planning report

 

Existing site cover no change

 

Existing maximum number of storeys

 

Existing maximum height above natural ground level no change

Table C | Existing number of on-site car parking bays

 

 

 

Existing area of landscaping No change

 

Existing type of vehicle cross-over (for non-residential uses) No change

 

 

Existing maximum vehicular servicing arrangement (for non-residential uses)

 

 

 

Page 13

|
©:

INTEGRATED PLANNING ACT 1997 Part D, Version 3.2

Mandatory: information,

 

 

   

Confirmation’ tof
loggenient

   

 

 

 

a Plans showing "the nature and Tocation a the proposed u use on nie pr premises anda a statement about the

intensity and scale of the proposed use (e.g. number of employees, days and hours of operation, number of visitors, & Confirmed over the counter
number of seats, eee of pect ot soroae area)

 

 

 

 

 

&X] Confirmed th '
over the counte
([] Not applicable Yering oUner

 

 

 

 

Confirmed

LJ
& Not ot applicable

 

 

 

 

Confirmed
Not ot applicable

=i}
2
a
3
a
o
A
S
a
Hl
o
2
fl
Shi
oO
2
5
a
i
S$
5
opr
>
a
gl!
Blt
a
s|;
roa
@
BI}
<
a
.%
4

 

over the counter

OR

ol “Plans showing the nature and location a the wroposed n new operational works I E]—- Confrmed_— ~|—

 

   

 

 

 

 

 

 

 

(<J] Not applicable

 

 

OFFICE USE ONLY

 

 

 

 

Date received Reference numbers [ |

 

 

Advice for completing Part D

 

General advice

. Part A must also be completed for all (DAS development applications.

. The applicant is responsible for answering all questions fully and correctly, untess following a response there is a statement to go directly to
another question.

. When paying fees to the Environmental Protection Agency by electronic funds transfer (EFT) for coastal development applications, use the

process from the information sheet Electronically paying fees to the Environmental Protection Agency (EPA) and securely attach the form
Electronic Funds Transfer (EFT) payment notification to this application.

 

Q3 A development permit authorises development to occur. A preliminary approval is a step in the approval process and does not authorise
development to occur - a subsequent application for a development permit must be sought.

 

Table O if the MCU application involves operational work that is the building of a retaining wall on the premises, the application is taken also to be for the
operational work if approval for the operational work has not been applied for in this application or in a separate application.

 

 

 

) This form is also used for material change of use assessable against the land use plan for Cairns airport land or Mackay airport land. Wherever planning scheme is
mentioned, take it to mean the land use plan for the airport land.

Page 14

INTEGRATED PLANNING ACT 1997 IDAS Assessment Checklist, Version 22

 

26 JUN 2009

SCRe - Tewantin
Front Counter

 

 

IDAS Development Application Form 1 is the approved form for all development applications under the: Integrated Planning Act
1997 IPA). Form 1 is made up of various Parts.

Part A (Common details} of Form ¢ must be completed for all applications. ‘The relevance:of other Parts of Form 4 depends.on
: .the nature of the application.

is Form 1 also.includes'this’sDAS Assessment Checklist, which i is: used.to.assist in-détermining. State:assessment and referrat:
“ srequirements,; and:the: Parts of Form 1 relevant to the application.

 

»

     
   

Sections, and ralother: relevant ections s ofthe IDAS Assessment Checklist, as identifi ied,in the Tablé below, must be

 

” requiring assessment against. the Building Acta 1975. only: Pe estar Fi

For more information about development applications on land.in am ‘urban development area, refer to www.ulda.qid.gov au.
: For:more advice-about: balding applications refer: to-Part B of the+ (DAS Application Form.

 

 

Answering the following questions wl will assist you in determining which sections of ihe checklist must be completed for your application. If
unsure, phone or visit your local government or log onto the DIP website www.dip.gld.gov.au for help

For all IDAS development applications (except those for building work requiring assessment against the Building Act 1975 only) - complete Section 1 of this
checklist

 

 

Does the application seek approval to make a materiat change of use of the premises? & Yes |[JNo
if yes - complete Section 2 of this checklist

 

Does the application seek approval to reconfigure a lot?
If yes - complete Section 3 of this checklist and Part F of IDAS Application Form 1, if the premises are completely within a single |] Yes |[X]No
focal government area assessment is by the local government.

Does the application seek approval to carry out operational work?
if yes - complete Section 4 of this checklist (Yes |—XNo

 

 

Does the application seek approval to carry out building work requiring assessment against the Fisheries Act 1994?
if yes - complete Section § of this checklist

CYes [KKINo

 

Have you received a referral agency response under section 3.3.2.of the IPA, in relation to this development application?
if yes - complete Section 6 of this checklist DYes |KJNo

 

Does the application seek approval to carry out building work requiring assessment against a local goverment planning

scheme? O1Yes |—INo
if yes - complete Form 1 Part E of IDAS Application Form 1. Assessment is by the local government.

Does the application seek approval to carry out building work requiring assessment against the Building Act 1975?
if yes - go fo Appendix 1 of this chacktist for advice on building referrals. Complete Part B of IDAS Application Form 1. (Yes |XJNo
Assessment is by a building certifier

Do you wish the application fo be assessed against a superseded planning scheme?
if yes - complete Form 1 Attachment 1 OYes

 

 

KX) No

 

Is the application for development completely or partly on Cairns and Mackay airport land under the Airport Assets
(Restructuring and Disposal) Act 2008?

If yes - Assessment is by the Department of infrastructure and Planning. Complete Form 1 Part D of IDAS Application Form 1 ifthe |T]Yes |(JNo
application is for a material change of use, and Part & if for building or operational work. Also, the application must be referred to the
local government as Advice Agency.

 

 

 

 

 

 

Page 15

INTEGRATED PLANNING ACT 1997 IDAS Assessment Checklist, Version 22
Ce irs oe a ae es . aiennaty ” — ae ee 9
SEC : ON 1 Section t-mustbe completed for.all applications:that require comp! of the IDAS-AssessmentiChecklist’“s

   

 

    

HERITAGE: tS A AB ee Co De 4

114 Is any part of the proposal intended to be carried out on a Queensland heritage place under the Queensiand Heritage Act 1992?
[IX] No-Gotor.18 = (_] Yes

IPA, schedule 8, pari 1, iable 5, item 2; IP Reguiation, schedule 2. table 2. item 18.

 

 

1.18 Does the proposal involve development intended to be carried out on a piace entered in a local heritage register under part 11 of
the Queensland Heritage Act 1992, other than if the place is on Cairns or Mackay airport land?

IX] No-Gotoaz2 =] Yes
IPA, schedule 8, part 1, table 5, item 24, 1P Regulation, schedule 1, part 2, table 5, item 2.

 

[REMOVING QUARRY. MATERIAL; WILD RIVER AREA.

 

1.2 Does the proposal! involve removing quarry material from a watercourse or lake as defined under the Water Act 2000?
[X] No-Gotoa13 [_] Yes

IPA, schedule 8, part 1, table 5, item 1; 1P Regulation, schedule 2, table 2, item 11; 1P Regulation, schedule 1, table 5, item 2 (wild river area); Water Act 2000,
section 966C: Wild Rivers Act 2005, section 43A

 

 

  

—TENVIRONMENTALLY¢RELEVANT:A(

  

VITYWIEDRIVER*AREA:

 

1.3 Does the proposal involve an environmentally relevant activity (ERA), other than a mining activity or a petroleum activity?” ~
No-Gotoa14 (_] Yes

IPA, schedule 8, part 1, table 2, item 1, IPA, schedule 8, part t, table 5, items 3 and 4; IP Regulation, schedule 2, table 2, items 1 and 23; Environmental Protection Act 1994, section
73AA {wild river area); Wild Rivers Act 2005. section 43A, relevant wild river declaration; Wild Rivers Code.

 

WITHIN THE LIMITS.
fas loli ia

 

14 ts any part of the premises within the limits of a port under the Transport Infrastructure Act 1994?
No - Go fo Q1.5

C] Yes

IP Regulation, schedule 2, table 2, ilems 15 and 16

 

 
  

IDECEARED:FISH'HABITAT'AREAS 4" -.}

   

nis
15 Does any part of the premises adjoin a declared fish habitat area under the Fisheries Act 1994?
DX] No - Go to 01.6

O Yes - if answers to questions in other sections of this checklist indicate that the proposed development is assessable under IPA, schedule
8, this application requires assessment by the Department of Primary Industries and Fisheries (DPI&F). if DPI&F is not the
Assessment Manager for the application, the agency has jurisdiction as Advice Agency.

IP Regulation, schedule 2, table 2, ilem 26
COMMUNITY: INFRASTRUCTURE

   

1.6 Is any part of the premises designated for community infrastructure?
No - Go to Q1.7

(J Yes

IP Regulation, schedule 2, table 3, item 7

WASTE WATERMANAGEMENT ariv.c 3 ky go

 

  

—
oo hk

Siete ‘

   

17 Does the proposal involve the establishment or expansion of a waste water disposal system?

[X] No -Endof Section’ [_] Yes
I? Regulation, schedule 2. table 3, item 5

Page 16

@ 241.2 Isthe use proposed iia local government-area- isted? in. State Planning Policy 2/02: Panning and id Managing ng Development

INTEGRATED PLANNING ACT 1997 IDAS Assessment Checklist, Version 22

 

 

SECTION 2- Section 2 must! be completed when: the application seeks approval to make ai material:change* fof. use.of premises.

 

 

 

 

ISTATE-PLANNING. REGULATORY PROVISIONS AND PLANNING SCHEME "| - . 4 am ok “
21 Is the proposed use assessable under any State planning regulatory provisions?
Dd No (1 Yes
If no, is the proposed use assessable under the planning scheme?
(FJ No - Goto Q2.2 DX] Yes - Complete Form 1, Part 0 and answer Q2.1. 1 - 2.1.13 below
'STATE:CONTROELED-ROAD 30 Tr eg et

 

2.1.1 is any part of the premises located in part of a future State-controlled road, or within 100m of a State-controlled road?

C] Yes No
If no, is the proposed use fisted in schedule 5 of the Integrated Planning Regulation 1998 and does it exceed the specified

threshold?
xX No oO Yes - This application must be referred to the Department of Main Roads (DMR) as Concurrence Agency.

IP Regulation, schedule 2, table 3, items t(a) and 3
(ACIO. SULFATE SOILS : et eg

      

Involving Acid Sulfate Soils?
([] No-Gotoa213 [X] Yes

at Aurukun, Bowen, Brisbane, Broadsound, Bundaberg, Burdekin, Burke, Bumett, Caboolture, Caims, Calliope, Caloundra, Cardwell, Carpentaria, Cook, Cooloola, Douglas,
Fitzroy, Gladstone, Gold Coast, Hervey Bay, Hinchinbraok, Isis, Johnstone, Livingstone, Logan, Mackay, Maroochy, Maryborough, Mirium Vale, Momington, Noosa, Pine
Rivers, Redcliffe, Redtand, Rockhampton, Sarina, Thuringowa, Tiaro, Torres, Townsville, Whitsunday

If yes, is the natural ground level of any part of the premises less than 20m AHD?

LJ No - Go 10. 92.1.3 Yes
If yes, will the proposed use involve the following?

(i) Excavating more than 1,000m? of soil or sediment at or below Sm AHD & No O Yes
(ii) Filling the premises with 1,000m3 or more of material with an average depth of {J No Yes
0.5m on land, soil or sediment at or below 5m AHD
If yes to either or both (i) or (ii) above - This application must be referred fo the Department of Natural Resources and Water
(NRW) as Advice Agency.
IP Regulation, schedule 2, table 3, item 4: State Planning Policy 2/02: Planning and Managing Development Involving Acid Sulfate Soils, section 3.6

 

(COASTAL. MANAGEMENT DISTRICT to tae ae pow ee ah a we
2.1.3 Is any part of the premises located in a coastal management district?

EX] No-Gotoa214 [| Yes
IP Regulation, schedule 2, table 3, item 6

 

 

 

 

 

 

(VEGETATION-CLEARING - ee ee
2.1.4 Do the premises include a lot containing the following?

(i) Acategory 1, 2 or 3 area shown on a Property Map of Assessable Vegetation (PMAV) {& No (Yes

(ii) If there is no PMAV for a lot, remnant vegetation &] No 0 Yes

IP Regulation, schedule 2, table 3, item 17
iCONTAMINATED LAND. +UNEXPLODED ORDNANCE. on ie gh ag ro ee cae |
2.1.5 Is any part of the premises in an area for which an area management advice has been given for unexploded ordnance?

XX] No - Go to 02.1.6 oO Yes - (Complete Form 1, Part N) This application must be referred to the Administering Authority as Concurrence
gency,

IP Regulation, schedule 2, table 3, item 12

Page 17

INTEGRATED PLANNING ACT 1997

 

     

 

 

 

IDAS Assessment Checklist, Version 22
[PUBLIC/PASSENGER TRANSPORT 82.0000 0 32 ue e als eo ge FS PY
2.1.6 Is the proposed use of premises Tsted in schedule 13C of the integrated Planning Regulation 1998 and does it exceed the
specified threshold?

(LJ No - Go to 02.1.7 (X] Yes - This application must be referred to Queensland Transport (QT) as Concurrence Agency.
JP Regulation, schedule 2, table 3. item 14

IRAIEWAY. SAFETY:AND EFFICIENCY ‘
2.1.7

    

ts the proposed use of premises Tsted in schedule 13D of the Tepid Planning Regulation 1 398 and does it exceed the
specified threshold?

&) No - Go to 02.1.8 | Yes - This application must be referred to Queensland Transport (QT) as Concurrence Agency.
IP Regulation, schedule 2, table 3, item 15

IKOALA CONSERVATION™ *: 7. *
2.1.8

Bike a te PE re

  

Is any part of the premises in a koala conservation area or koala sustainability area, other than in an SEQ urban footprint area?

DYes &] No

If yes, is the use for a domestic activity, as defined by the Environmental Protection Act 1994?

_a Yes BN No

    
 
 

[EASEMENTS AND. SUBSTATIONS:
2.1.9

Le mee
Is the use associated with reconfiguring a lot?

(J Yes-Gotoa21.10 — §X)No - Answer both (a) and (b) below

{a) Will any part of any structure or work that is the natural and ordinary consequence of the use, be located in an
easement?
BX] No-Goto(o) [[] Yes - Answer both (i) and (ii) below

(b)

Is any part of the premises situated within 100m of a substation site under the Electricity Act 1994?

IX] No (J Yes. - This application must be referred to the entity responsible for the substation as Advice Agency.
IP Regulation, schedule 2, table 3, item 8 (electricity easement): IP Regulation, schedule 2, table 3, item 16 (pipeline easement); IP Regulation, schedule 2, table 3,
item 9 (substation)

 

[RESIDENTIAL;:COMMERCIAL-OR INDUSTRIAL DEVELOPMENT IN A WILD RIVER-AREA:® =...

  

 

 

 

2.1.10 Is any part of the premises in a wild river area declared under the Wild Rivers Act 2005?
[X] No -Gotog2.111 ((] Yes
e@ IP Regulation, schedule 1, part 2, table 5, item 1(a); Wild Rivers code (Note: the code does not currently contain applicable provisions for residential. industrial or
commercial development inside a designated urban area)
\WETEAND
2.1.11

 

Is the proposal only for the construction or use of a single residence on a lot and any reasonably associated building or structure?
(1 Yes -Gotoa21.12 [x] No

If no, do the premises include a lot situated in, or within 100m of, a wetland shown on the ‘Map of referable wetlands’?

(J No LX] Yes - This application must be referred to the Environmental Protection Agency (EPA) as Advice Agency.
IP Regulation, schedule 2, table 3, item 20

(HERITAGE = ee ee eee ee Eo ee
nartncamer a 7 . .

2.1.12 Do the premises include a lot sharing a common boundary with a Queensland Heritage place under the Queensiand Heritage Act ‘
1992?

DX] No - Goto 02.1.13

 

 

 

 

OO Yes - (Complete Form 1, Part C). This application must be referred to the Environmental Protection Agency
(EPA) as Advice Agency.

IP Regulation, schedule 2. table 3, item 22

Page 18

INTEGRATED PLANNING ACT 1997 IDAS Assessment Checklist, Version 22
(CERTAIN'PRELIMINARY APPROVALS. :

 

 

       

2.1.13 Is preliminary approval sought for the application under the IPA, section 3.1.67

DX] No - Goto.022 (1 Yes - (Complete Form 1, Attachment 2) This application must be referred to the Department of Infrastructure
and Planning (DIP) as Advice Agency.

JP Regulation, schedule 2, table 3. ite 23
BROTHEL <2 ae te bs
2.2 Is the proposed use a brothel as defined under the Prostitution Act 1999?

PX] No -Gotoa23 {[] Yes
IPA, schedule 8, part |, table 2, item 2: Prostitution Act 1999, section 64

 

s yo arose
oe e

      

 

  

- ims real

: ee pm

2.3 \s any part of the use proposed on Strategic Port Land under the Transport Infrastructure Act 1994?
DX] No - Gotoa23a (_] Yes

2 schedule 8, part 1, table 2, item 3; IP Regulalion, schedule 2, table 2, item 6.

ISTRATEGIC PORT:LAND.:*

 

 

 

 

 

 

     

 

IAIRPORT: LAND:
—23A____Is an
(X] No-Gotoaz¢ (] Yes ee a
IPA, schedule 8, part 1, table 2. item 3A; IP Regulation, schedule 2, table 2, item 6A.
iMAJOR'HAZARD: FACIRITY wath , ee Gee me ‘
24 's the proposed use a major hazard facility or ‘possible major hazard facility under the 'e Dangerous Goods Safety Management Act

2001?

& No -Goto02.5 [_] Yes - (Complete Form 1, Part L) This application requires assessment by the Department of Emergency Services
(DES). if DES is not the Assessment Manager for the application, the agency has jurisdiction as Concurrence
Agency.

IPA. schedule 8, part 1, table 2. item 4; IP Regulation, schedule 2, table 2, item 7

(CONTAMINATED 'LAND:--REGISTERED:LAND: >. =

25 Is any part of the land forming the premises on the Environmental Management Register or Contaminated Land Register under the
Environmental Protection Act 1994?
BX] No-Gotoa26 [_] Yes
IPA, schedule 8, part 1, table 2, item 5; IP Regulation, schedule 2, table 2. item 22

 

 

 

~— Ty ——

 

ICONTAMINATED: LAND<-NOTIFIABLE ACTWITY, #2 Fog

2.6 Is any part of the land forming the premises currently used for a notifiable activity, or if there is no existing use was it last used for
a notifiable activity?
No -Gotoq27 [] Yes
IPA, schedule 8, part 1, table 2, item 6; IP Regulation, schedule 2, table 2, item 22

‘CONTAMINATED: LAND =INDUSTRIAL ACTIVITY. = ey

   

 

  
 

    

2.7 ls any part of the premises currently used for an industrial activity (other than for a mining activity or petroleum activity), or if there
is no existing use was it last used for an industrial activity (other than for a mining activity or petroleum activity)?

EX] No -Gotoa28 [_] Yes
IPA, schedule 8, part 1, table 2, item 6; IP Regulation, schedule 2. table 2, item 22

‘CONTAMINATED:LAND < AREA. MANAGEMENT ADVICE-(NATURAL MINERALISATION.OR:INOUSTRIAL ACTIVITY) - :
2.8 \s any part of the premises in an area for which an area management advice has been given for natural mineralisation or industrial
activity (other than for a mining activity or petroleum activity)?
[X] No - Goto. 029

(Yes

IPA, schedule 8, part t, table 2, item 7: IP Regulation, schedule 2, table 2. item 22

 

 

 

Page 19

INTEGRATED PLANNING ACT 1997 IDAS Assessment Checklist, Version 22
TAQUACULTURE; WILD:RIVERAREAY * hed eo i |
2.9 Is the proposed use for aquaculture as defined under the Fisheries Act 1994?

(X] No -Gotoa2io [7] Yes

IPA, schedule 8, part 1. table 2, item 8; IPA, schedule 8, part 2, table 2, item 1 (self-assessable aquaculture); IP Regulation, schedule 2, table 2, item 27
Fisheries Act 1994, section 76DA (wild river area); Wild Rivers Act 2005, section 43A

 

     

ot

AGRICULTURAL AND:ANIMAL HUSBANDRY ACTIVITIES INA WILDRIVERAREA.< *F 7

  

2.10 Is any part of the premises in a wild river area declared under the Wild Rivers Act 2005?

[XJ No -Gotoa2tt [] Yes
IPA, schedule 8, part 1, table 2, item 11; IP Regulation, schedule 2. table 2. item 36 ; Wild Rivers Act 2005, sections 42, 43A

 

 

‘SOUTH EAST. QUEENSLAND:REGION;  .,
2.11A — Is any part of the premises within the South East Queensland (SEQ) designated region?
(J No -Gotoaz118 x] Yes
If yes, do the fallowing apply?
(i) The application is for a proposed use assessable under the planning scheme C1 No & Yes

(ii) The application is for development outside a rural precinct22, or if in a rural precinct, itis
—~ —~--inconsistent-with-the.rural.precinct CINo & Yes

22 Rural precinct has the meaning given in the draft SEQ Regional Plan 2009-2031 Regulatory Provisions
If yes to both (i) and (ii) - Answer (a) fo (c} betow
(a) Is any part of the premises within a future growth area or an urban growth area?
No -Goto(b) [] Yes - (Answer (i) and (ii) below)

(b) Is the proposed use for an extension of more than 10,000m? to an existing retail centre in an activity centre identified
in the SEQ Regional Plan?

EX No =] Yes - This application must be assessed by local government for the purposes of the SEQ Regional plan
including policy 8.6.2.

(c) Is any part of the premises outside the urban footprint?
No-Gotoa2tia {_] Yes
Draft South East Queensland Regional Plan 2009-2031 Regulatory Provisions, divisions 2 and 4; IP Regulation, schedule 2, table 3, item 13

 

 

FAR:NORTH QUEENSLAND:REGION
2.118 Is any part of the premises within the Far North Queensland region (FNQ) designated region?
[X] No -Gotoa212 [_] Yes

Orait South East Queensland Regional Plan 2009-2031 Regulatory Provisions, divisions 2 and 4; 1P Regulation, schedule 2, table 3, item 13

 

 

|

 

iCONSERVATION:ESTATE
2.12 Is the proposal for urban purposes, as defined under the IPA?

No -Gotoa213 (_] Yes
IP Regulation, schedule 2. table 2, item 40

 

IREMOVAL, DESTRUCTION-OR DAMAGE OF A. MARINE PLANT. 2. <4"
2.13 Does the proposed use involve the removal, destruction or damage of marine plants under the Fisheries Act 1994?

DX] No -EngofSection2  ([] Yes

IPA, section 3.2.2, IPA. schedule 8, oar 1, table 4, item 8 (assessable development); IPA, schedule &. part 2, table 4, itern 4 (self-assessable development}: Fisheries Requiation 1995
51134 {self-assessable codes).1P Regulation, schedule 2, table 2. item 29: 1P Regulation, schedule 1, part J, table 4, item 8; Fisheries Act 1994, section 7608 (wild river area); Wild
Rivers Act 2095, section 434,

 

Page 20

INTEGRATED PLANNING ACT 1997 IDAS Assessment Checklist, Version 22

 

Disclaimer:
While the Department of Infrastructure and Planning (DIP) believes that this information contained on this form and provided as part of
this process will be of assistance to you, it is provided on the basis that you will not rely on the information without first making your own
enquiries regarding the interpretation and application of the applicable legislation to your circumstances.

To the full extent permitted by law DIP expressly disclaims all liability (including but not limited to liability for negligence) for errors or
omissions of any kind or for any loss (including direct and indirect losses), damage or other consequence which may arise from your
teliance on this process and the information contained on this form.

 

 

 

Page 21

 

Noosa Fair (Holdings) Pty Ltd

Entertainment and Dining Business — Type 1

DILLON
FOLKER
STEPHENS

TOWN PLANNERS

%

Eris ubtla)
SCHOMBURGK PLANNING|

r /- i sy,

O

4
XN
(

a

|

DIRECTORS
GARY DILLON
PETER FOLKER

KARI STEPHENS

ASSOCIATE DIRECTOR
MICK SHEPPARD.

LEVEL 1
1 BEACH ROAD
MAROOCHYDORE

PO BOX 605
MAROOCHYDORE
QUEENSLAND
AUSTRALIA 4558,

T 07 5443 5566
F 07 5443 9977

[email protected]
dfstownplanners.com.au

DILLON FOLKER STEPHENS PTY LTO
ACN 095 884 129 AGN 32095 884 129

Page 22

SZ

Table of Contents

 

 

 

 

 

 

 
 
 

1.0 INGPOCUCTION .........ccccecccccccceceeceeeeeresncececeeeeassssssseeeeesenseees 3
2.0 Proposed Development ............::scesssesesseresenteesenneesnnes 5
2.1 Application Type
2.2 TNE PrOPOSA .....ccceccessescseeeeseeeceeesceessesscesessenseneeseesssessseecersseeaseneegs
3.0 Subject Site... es seeeeeeeeeneeeceseceeeeeesenessestneeseeseess 7
3.1 Real Property DeESCTIPTION -.... cee ee esesseteceseeeeescsesstetseesecseeneeaeaes 7
3.2 Site Locality & SUTOUNCING ATE oo. cece cccesecseeteeeseeestneereenenee 7
oO 3.4_—-Site-Deseriptio nies. srecccecrcreecrcrete etait oes Tasveesdudenesvrsvevsnssvavasesssseeeea
3.5. Road Frontage & Access ..
3.6 EXisting BUIGINGS «0... eee eeeseesesescesceteereeesesssesensssenesnesessseeseneeseenee
3.7 EXiSting SEPVICES oo. seeeeeescseseseseseseseeseseseseeseneseeneeenenecseseseneaeateeetiees 9
4.0 Relevant Town Planning History .............ccsssessecseseeee 10
4.1 APplication Site cece ceeseeseseeeceneeneereneeeteneeseneneneeteneeneaees 10
5.0 Statutory Town Planning Assessment ............c000 11
5.4 Integrated PANNING ACT 1997 ...ccscseseseesseeeeeteeeeetenenenereneenes 11
5.2 Noosa Plan 2006 12
5.3 REGIONAT PLAN... ssseseeeseesesesseeseesseeseeseeeeentecsetseeeeaeneessessnseseesenes 19
5.4 State Planning Policies ....... cece ceecessceseeeeeeeeeesseeseesseenereeeneenee 19
5.5 SUIMIMALY ooo. ceeeeseseeeceecesceseesesseaeeneerssesaeeeaeesseeenesseesetssnsessenseceenenns 20
O 6.0 COMNCIUSION ..........:ccccsssecrrececesseeescsesesessesseeecessesenseeeeess 21
Figures
Figure 1 — LOCOMitY PION... eeseecseessscstecneesnesneceeeeeeeceneensenennentenmtanesseceneenessneseneneravssaeeaseess 7
Figure 2 — SUBjECt Sit) PAN... teseeeneceetesneeneneeaceacsenearenateanssateneeseseneesesanenesens 8
Figure 3 — Noosa Heads LOCAIItY PION «0... seeeseeececneteneeseesneseseesreeeestnansaseeesesssanens 13
Figure 4 - Biodiversity Overlay ........... 16
Figure 5 — Natural Hazards OVEN OY .....eeseeceeseeeeeeetenereneenesssnssneerennenssatansnerseeesenses 17
Appendices
Appendix]  —- Proposal Plans
Appendix2  - Standard Planning & Development Certificate

 

Noosa Fair Pty Ltd - Town Planning Report

June 2009 Material Change of Use (code assessable) Entertainment & dining Page |

business Type | Food & beverages - Unit 15 Noosa Fair Shopping
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Report Summary

Material Change of Use

(Entertainment and Dining Business - Type 1 Food & Beverages)

 

Ow Se ° eR : ~

 

[‘pévelopment Application: ":

Applicant: Noosa Fair (Holdings) Pty Ltd
Consultants: Dillon Folker Stephens (Town Planning)
e@ Proposal: Material Change of Use Entertainment & Dining

 

 

 

Business-- Type-} Food & Beverages

 

 

 

[‘SiteDescripfion. >

Location: Part of unit 15 and associated external areas,
Noosa Fair Shopping Centre, 3 Lanyana Way,
Noosa Heads

 

 

RPO: Lot 54 on RP 139 776
Area of Land: 2.824 ha
Current Use: Retail Business (shop)
[: Noosa. Plan:2006 (as.amended May'2009) Fae
@ Locality: Noosa Heads
Zone: Business Centre

 

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June 2009 Material Change of Use (code assessable) Entertainment & dining Page 2
business Type 1 Food & beverages - Unit 15 Noosa Fair Shopping
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Page 24

1.0

Sj
OX
Introduction

This Town Planning Report has been prepared by Dillon Folker Stephens on
behalf of the applicant, Noosa Fair (Holdings) Pty Ltd. The report is submitted
to Sunshine Coast Regional Council as part of the common material for a
development application that seeks approval for a material change of use
from Retail Business use class to Type 1 Food & Beverages (Entertainment &
Dining Business use class). The application site comprises part of unit 15 and
associated external areas which form part of the Noosa Fair Shopping Centre
located at 3 Lanyana Way, Noosa Heads and legally described as Lot 54 on
RP 139776.

The application site is located within the former Noosa Shire Council area
and, as such, the development application will be assessed against the
Noosa Plan 2006 (as amended May 2009}. In the Noosa Plan the application
site is located in the Business Centre Zone of the Noosa Heads Locality. As
—the-proposal forms-part- of the-Business Centre Zone, invélves a new outdoor
dining area and provides no additional car parking the proposed
application requires Code Assessment in accordance with the relevant

provisions of the Integrated Planning Act 1997.

The purpose of this town planning report is to describe the application site
and its locality, explain the proposed development and discuss the relevant
town planning issues. The town planning issues have been identified following
a review of the proposal against the relevant sections of the following
documents:

« Noosa Plan 2006;
« South East Queensland Regional Plan; and
e the applicable State Planning Policies.

The report should be read in conjunction with the accompanying covering
letter, IDAS Development application forms and_the proposal plans which
are listed in the Table below and are inctuded in Appendix.l|:

 

! rawing No: | Drawing.Description - . + | Date”
DAI Location Plan June 2009
DA2 Proposed Tenancy and Outdoor Dining Plan__| June 2009
DA3 Layout Plan June 2009

 

 

 

 

 

 

 

As the proposed application is code assessable this Town Planning report
seeks to demonstrate that there are sufficient planning grounds to justify
approving the develooment under the relevant assessment criteria
(applicable codes) of the Noosa Plan 2006. In particular, the report
demonstrates that:

* the proposal (Entertainment & Dining Business) is a consistent use in
the Business Centre Zone of the Noosa Heads locality;

 

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* the amenity, viability, vitality and character of the area will be
maintained and even enhanced by a new business:
« the proposed use will not affect the business centre hierarchy:

* as the proposal is located within an existing shopping cenire it will not
detract from the established character of the area;

«there is sufficient parking on site to cater for the proposed use; and

the proposal will not impact on the natural overlays affecting the site.

Based on the reasons summarised above, the report concludes that there
are sufficient planning grounds for the Council to approve the application,
pursuant to section 3.5.4(2) of the Integrated Planning Act 1997 in
accordance with the Planning Scheme.

 

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2.0

2.1

2.2

Zl

Proposed Development

Application Type
This development application seeks Council's approval for a Material

Change of Use to allow the use of the subject site as an Entertainment &
Dining Business Use - Type | Food & Beverage.

The Proposal
The proposed development is described in more detail below.

2.2.1 Proposed Land Use

The proposal seeks Council's approval to use part of unit 15 and associated
outdoor areas as an Entertainment & Dining Business - Type 1 Food &
Beverages use. The application will provide a larger customer dining area for
the existing tenant, who sells frozen yoghurt and fresh, made-to-order sushi.
The proposed frozen yoghurt & sushi bar will comprise a total internal gross
floor area of 40m2 with an additional 24m? of outside dining area located (in
part) directly in front of the unit and {in part) beyond the pedestrian
footpath.

The remainder of unit 15 will be used to enlarge unit 14 which is currently
vacant. As a result the gross floor area (GFA) of unit 14 will increase from
74m2 to 100m2. The use of this additional space will remain consistent with its
lawful use as a shop and therefore will not constitute a material change of
use.

2.2.2 Internal Layout

The proposed internal layout of the proposed tenancy is shown on drawing
DA3 in Appendix,1|. The plan confirms that the internal gross floor area will be
40m?2, As drawing DA3 shows the gross floor area is located at the front of
unit 15 and includes a kitchen and preparation area, display and service
counter and small internal seating area. The gross floor area of the internal
seating area is 1ém?2,

2.2.3. Outdoor Dining

As drawings DA! and DA2 in Appendix. show, the proposed external dining
area is located directly outside Unit 15. The plan also shows that the outdoor
dining area will not exceed 24m? in total area and will be located around the
landscape area in front of Unit 15. The proposed layout has been designed
to maintain pedestrian access along the front of the shop units. Customers
using the outdoor dining area will have access to the public toilets located
beside Coles Supermarket.

 

Noosa Fair Pty Ltd —- Town Planning Report

June 2009 Material Change of Use (code assessable} Entertainment & dining Page 5

business Type 1 Food & beverages - Unit 15 Noosa Fair Shopping
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etn cme ee

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Vy

VG

OS
2.2.4 Parking

Excluding the kitchen and food storage areas, the applicant proposes 16m?
of internal dining floor space and 24m? of outdoor dining area. The
combined dining floor area of 40m? generates a requirement for four (4)
parking spaces. There is however a credit associated with the parking
requirement for the existing shop use which equates to two (2) spaces and as
a result, there is technically a net requirement to provide two (2) additional
parking spaces on site. This issue is discussed in more detail in section 5 2.6.1
below.

2.2.5 Services & Infrastructure
All services and infrastructure will remain as existing.

 

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3.0

3.1

/

GY

lon
Subject Site

Real Property Description

The application site forms part of the Noosa Fair Shopping Centre located at
3 Lanyana Way, Noosa Heads (refer to Figure,1] below). The legal description
of the lot is Lot 54 on RP139776 and the registered owners are Noosa Fair
(Holdings) Pty Ltd.

Figure } -— Locality Plan

 

 

 

 

 

 

 

 

 

 

 

Site Locality & Surrounding Area

AS Figure.2 below illustrates, the application site is located in Noosa Heads (in
proximity to Sunshine Beach Road (identified in the Noosa Plan 2006 as Major
Road Network) and situated approximately ikm to the south of Hastings
Street and Laguna Bay.

The site, which forms part of the Noosa Fair shopping centre, is accessed
from Lanyana Way.

The site forms part of the Noosa Junction Shopping Centre and the
surrounding land uses generally comprise a mix of retail, commercial,
community and recreational facilities.

AS Figure.2 below shows the extent of the application site within the Noosa
Fair Shopping Centre and illustrates the mixture of land uses that adjoin the
centre. In this respect the Figure shows that there is a public car park directly
to the north of the centre while on the opposite side of Lanyana Way is a mix
of retail, medical and commercial units. A similar mix of commercial uses
directly abut the south eastern corner of the centre while to the west is the

 

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June 2009 Material Change of Use (code assessable) Entertainment & dining Page 7

business Type 1 Food & beverages - Unit 15 Noosa Fair Shopping
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Page 29

%

Pinarro Park. Finally the southern boundary of the centre abuts Wyandra
Street and runs to the rear of some of the residential units that front this street.

It is relevant to note that there is a significant amount of public parking within
the local area with car parks located to the north of the Shopping Centre
and on the corner of Lanyana Way & Cooyar Street. There is also on street
parking on either side of Lanyana Way.

The site is also served by public transport with bus services 626, 627 and 628
stopping at the Shopping Centre.

 

 

Site Description

The subject site, which has a total area of 2.824ha, is generally flat. The
shopping centre is anchored by a Coles Supermarket and has a total of 24
ground floor tenancies. The existing outlets provide a range of retail,
commercial and medical facilities and have a mixture of tenants including
Telstra, Flight Centre, Gloria Jeans, Pulse and Donut King.

There are a further six units on the upper levet which have a range of tenants
including a gym, health spa, employment agency and financial adviser.

At present the majority of the ground floor units are let but there are two units
which are currently vacant. The vacant units include unit 14 which adjoins
the application site.

In addition to the commercial tenancies the Centre also includes a range of
other facilities such as public toilets, public phones, ATMs and seating areas.

 

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oA

The majority of the parking on the site is located between the shopping
centre and Lanyana Way. Some additional parking is provided to the rear of
the centre and along the internal access roads that run along either side of
the Centre. In total there are 410 on site car parking spaces. The car park
also includes two (2) ambulance bays and a cab rank. There are two
separate entrances and egresses fo the car park from Lanyana Way.

There is a loading dock and other loading areas located at the rear of the
complex and along its western side. All deliveries and collections including
waste take place in these locations. A one way system operates on site with
service vehicles reaching the loading and unloading areas via the eastern
service road and leaving by the western one.

There is mature landscaping along all external boundaries of the site and
throughout the car parking areas.

 

3.5. Road Frontage & Access
Access to the site is from Lanyana Way and the site has a 200m frontage with
this road.

3.6 Existing Buildings
The buildings on the site are concentrated in the north western corner and
the proposed Material Change of Use is located in a row of existing
tenancies opposite Coles Supermarket on the northern side of the internal
courtyard.

3.7 Existing Services
The site has connection to all urban services, including reticulated water and
sewerage, electricity and telecommunications infrastructure.

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4.0 Relevant Town Planning History

4.1 Application Site

The application site has an extensive town planning history which includes a number
of Material Change of Use, Operational Works and Building Approvals dating back
to 1980. There have also been a number of minor changes to these approvals. A
Standard Planning & Development Certificate was issued by Council on 28 March
2008 which details the town planning history of the site and is included within this
report as Kppendix 2. ‘

It should be noted that the original shopping centre was established prior to Council
requiring a planning approval for shops in the Commercial ‘A’ zone.

 

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5.0 Statutory Town Planning Assessment
5.1 Integrated Planning Act 1997
The Integrated Planning Act 1997 (IPA) provides the overall statutory planning
framework for Queensland. The subject site is located within the local
government boundaries of the Sunshine Coast Regional Council, within the
former Noosa Shire Council boundaries. As such, the subject site is subject to
the provisions contained in the Noosa Plan 2006 fas amended May 2009).
Based on the relevant provisions of the Noosa Plan, the proposed
development requires Code Assessment. Those matters which the
Assessment Manager must have regard to when assessing the development
application are set out in section 3.5.4(2) of IPA and are as follows:
(a) the applicable codes {other than concurrence agency codes
the assessment manager does not apply); and;
(b) subject to paragraph (a) the common material; and;
{c) if they are not identified in the planning scheme as being
appropriately reflected in the planning scheme:-
i) State planning policies, or parts of State planning
policies; and
ii) For the planning scheme of a local government in the
relevant area for a State planning regulatory provision
— the provision; and
iii) For the planning scheme of a local government in a
designated region - the region’s regional plan;
(d) Any development approval for, and any lawful use of
premises the subject of the application or adjacent premises;
(e) ff the assessment manager is an infrastructure provider -
priority infrastructure plan;
(f) The matters prescribed under a regulation (to the extent they
apply to a particular proposal).
At the time of lodging the development application, the common material
comprises the following:
« the duly completed IDAS Forms and application fee;
e this Town Planning Report:
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e the attached proposal plans; and

e acovering letier.

5.1.1 Referrals

The development application triggers referral to the following Referral
Agencies (Concurrence, Advice and Third Party Advice) under the provision
of IPA and the Integrated Planning Regulation 1998.

§.1.1.1 Department of Transport & Main Roads
The proposal is within 400m of a public transport facility and has a site area
greater than 5,000m2.

5.1.1.2 Department of Environment & Resource Management
The proposal is within 100m of a wetland.

 

5.2 Noosa Plan 2006

Development within the jurisdiction of the former Noosa Shire Council is
regulated by the Noosa Plan 2006, which came into effect during February
2006. The application has been assessed against the relevant provisions of
the Noosa Plan (as amended May 2009) which includes the Locality Plan and
Planning Scheme Codes.
§.2.1_ Definitions
The proposal seeks a material change of use for the subject site to enable
the operation of a Sushi & Frozen Yoghurt Bar (Type 1 Food & Beverages use
of the Entertainment & Dining Business use class). The use is defined as:

“Entertainment and dining business means the

conduct of a business activity, where entertainment,

amusement, recreation or meals are afforded. The

term includes the following types:

Type | Food & beverages The use of premises involving

the sale of food and beverages for consumption on

the premises. The use class includes a function room or

restaurant or café with dining facilities for 10 or more

people.”
5.2.2 Level of Assessment
The Development Assessment Table for the Noosa Heads Locality identifies
the application as code assessable. On this basis, the application should be
assessed against the relevant codes of the Noosa Plan, in particular the
Noosa Heads Locality Code, Business Uses Code, Landscaping Code and
Engineering Works Code. This assessment is set out below.

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5.2.3 Noosa Heads Locality Code

AS Figure a below illustrates that the subject site is located in the Noosa Head
Locality. Development within this Locality is acceptable if it complies with the
Noosa Heads Locality Code and fulfils the specific outcomes for the locality,
is a consistent use and fulfils the specific outcomes for the relevant zones.

 

Figure 3 - Noosa Heads Locality Plan

 

 

   

 

  

(CiDetached Housing
ElSemi-Attached Housing
Sd Attached Housing
GlVisitor Mixed Use

€] Neighbourhood Centre
Business Centre
{Community Services
E}Open Space Recreation
[Open Space Conservation

 

 

 

The Overall Outcomes for the Noosa Heads Locality, as they relate to the
Business Centre Zone includes:

“For the Business Cenfre Zone, the Noosa Junction
Business Centre—

i accommodates _ significant Retail business,
Commercial business, Entertainment and dining
business, and Community Uses that provide
residents and visitors with a range of goods and
services including some higher order services; and

ii accommodates uses that do not detract from fhe
role of the Shire Business Cenfre as the principal
business centre for the Shire;"

Applicant Comments

The Overall Outcomes for the Locality confirm that the proposed use is
consistent with the Business Centre Zone and it will not therefore affect the
the hierarchy of Business Centres within the Noosa Plan.

An assessment of the proposal in relation to the Specific Outcomes and
Probable Solutions for the Noosa Heads Locality {Division 15) has been
undertaken. The proposal, which will be located within the existing Shopping
Centre, is considered to be consistent with the provisions of the code.

 

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Wy
CG:
WS

(oy

 

A further assessment of the proposal has been conducted in relation to the
Specific Outcomes and Probable Solutions for the Noosa Heads Locality
Business Centre Zone (Division 21). The proposal is considered acceptable
under the provisions of the code for the following reasons:

» the proposal (Entertainment & Dining Business) is a consistent use;

» the amenity, viability, vitality and character of the area will be
maintained and even enhanced by a new business;

« the proposed use will not affect the business centre hierarchy; and

* as the proposal will be located within the existing shopping centre it
will not impact on the established character of the area.

5.2.4 Development Assessment Table

Development Assessment Table 9.6 below identifies the level of assessment
for the development proposed.

Column 1
Defined use or use class

BUSINESS USES—

Column 2
Assessment category

Column 3

Relevant assessment
criteria - applicable code
if development is self

assessable or requires

 

code assessment

 

Consistent use

All Commercial business;

or

All Entertainment and dining
business:

or

Retail business Type 1 Local,

Type 2 Shop and salon, Type
4 Showroom, Type 5 Vehicle
uses, Type 6 Hardware store

or

Type 7 Garden centre

Inconsistent use
Those Business Uses listed in
Section 9.32

 

 

Self-assessable if one of the
following and not involving
any new buildings or the
expansion of buildings or
outdoor use area providing
the building has already
been approved for one of
these uses and no additional
tenancies are being
created—

a) Commercial business
Types 1 or 2; or

b} Entertainment and dining
business Type 1; or

Cc) Retail business Types 1 or 2

Code Assessable if—

a} one of the following and
not involving any new
buildings or the expansion of
buildings or outdoor use area
but not complying with
Column 2 of Table 14.5,
Acceptabie Solutions $1.1 to
$9.2 of the Business Uses
Code—

i) Commercial business
Types | or 2; or

ii) Entertainment and

dining business: or

 

If self-assessable Column 2 of
Table 14.5, Acceptable
Solutions $1.1 to $9.2 of the
Business Uses Code

If code assessable—

a} Noosa Heads Locality
Code; and

bb} Business Uses Code; and
c) Landscaping Code; and
a} Engineering Works Codes.

 

 

June 2009

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ili) Retail business Types

1,4, 5, 60f 7; oF

iv) Retail business Type 2 if not
exceeding 2,000m2 GFA

b) One of the following and
involving any new buildings
or the expansion of buildings
of outdoor use area—

i} Commercial business
where not otherwise Self
assessable; or

ii) Entertainment and
Dining Business; or

iii) Retail Business Types

1, 4, 5, 6 or 7; or

iv) Retail business Type 2

if not exceeding 2,000m2
GFA;

Impact assessable if—

a) Home-based business; or
b) Industrial business; or

Cc) Retail business Type 2 if
exceeding 2,000m2 GFA; or
dj} Retail business Type 3

 

 

 

 

 

As the subject site is included within the Business Centre Zone, involves a new
outdoor dining area and provides no additional car parking, the proposed
Material Change of Use is subject to Code Assessment. The proposed use is
however a consistent use in the Noosa Heads Locality.

5.2.5 Overlays

The Noosa Plan identifies the Overlays for each locality within the
administrative area. It also provides Overall Outcomes for each Overlay
Area, identifies whether the site is affected by the Overlays and includes a
development assessment table that defines the level of assessment required
for proposals within each Overlay Area.

The Table below identifies all of the Overlay Areas and determines which
affect the application site.

 

 

 

 

 

Overlays Site in Overlay
BESTA To)

Noosa Heads Biodiversity Overlay Yes

Noosa Heads Heritage Overlay No

Noosa Heads Natural Hazard: Landslide & Flooding Overlay No

Noosa Heads Natural Hazard :Bushfire & Acid Sulfate Soils Overlay Yes

Noosa Heads Natural Resources Overlay No

 

 

 

 

Applicants Comments:

The Table above shows that two {2} Overlays potentially affect the site
however neither of these Overlays affect the level of assessment for the
application.

 

Noosa Fair Pty Ltd - Town Planning Report
June 2009 Material Change of Use (code assessable) Entertainment & dining Page 15
business Type 1 Food & beverages - Unit 15 Noosa Fair Shopping
Centre, 3 Lanyana Way, Noosa Heads

Page 37

G
yn
5.2.5.1 Biodiversity Overlay

As the extract from Map OMé.1 in Figure 4 below highlights, the application
site is subject to the Environmental Enhancement component of the
Biodiversity Overlay Code.

Figure 4 - Biodiversity Overlay

 

 

    
 
  
    
 

 

 

Major W.
laterways and
Waterbodies Drainage Lines
E vere | Riparian Buffer Areas
BB Environmental Protection Soaty oerre
Bi Environmental Enhancement PR oil
; . oe ae
é Koala Habitat Areas

  

 

 

 

The Specific Outcomes of the Code seek to protect vegetation of local
origin, koala habitat areas, open space networks, wildlife corridors, scenic
amenity and habitat trees from any adverse effects of new development.
However, the proposal seeks a material change in use of an existing building
which will have no additional impacts on the Environmental Enhancement
component of the Biodiversity Overlay. As such, the proposal is considered
to comply with the Specific Outcomes and Probable Solutions of the Code.

9.2.5.2 Natural Hazards

AS Figure:4 below shows the application site is located within a Medium
Bushfire Hazard Area, as identified on Noosa Heads Natural Hazard (Bushfire
& Acid Sulfate Soils) Overlay (Map OMé.4). The Specific Outcomes of the
Natural Hazards Overlays Code (Table 13.33 Bushfire Hazard Areas), as it
relates to new uses, seeks to protect the safety of people and property from
bushfire. The proposal is seeking a material change in use of an existing
building and as such will have no additional implications for bushfire
management. On this basis it is considered that the proposal complies with
the Specific Outcomes and Probable Solutions of the Code.

 

Noosa Fair Pty Ltd - Town Planning Report
June 2009 Material Change of Use (code assessable) Entertainment & dining Page 16
business Type | Food & beverages - Unit 15 Noosa Fair Shopping
Centre, 3 Lanyana Way. Noosa Heads

Page 38

 

 

Gi High Bushfire Hazard Area

| El Medium Bushfire Hazard Area
ZB High Potentiat Acid Sulfate Area 0-5m AHD
SS Low Potential Acid Sulfate Area 5-20m AHD

 

 

 

 

5.2.6 Planning Scheme Codes

As the proposal is seeking a material change of land within an existing
Shopping Centre the proposal has only be assessed in detail against the
relevant sections of the Business Centre Zone and the Driveways and Car
Parking Code.

5.2.6.1 Business Centre Zone

The purpose of the Business Centre Zone Cade is to ensure new development
provides access to an adequate level of goods and services, meets the
expectation of the community, contributes (in a sustainable way) to the local
economy and employment, is located where there is an appropriate level of
infrastructure, protects natural resources and environmental values, is
consistent with the hierarchy of centres, and efficiently uses natural
resources. Table 14.8 refers specifically to the Specific Outcomes and
Probable Solutions for Entertainment & Business.

The key issues and conclusions from the detailed assessment are summarised
below:

e the proposal will not have an adverse impact on the amenity of the
local area:

« the proposed outdoor dining area is located in public areas which
already have excellent casual surveillance;

e the shopping centre is well served by public transport and is easily
accessible by bicycles;

* given the limited amount of gross floor area the proposal does not
require the provision of additional bicycle parking;

 

Noosa Fair Pty Ltd - Town Planning Report
June 2009 Material Change of Use (code assessable) Entertainment & dining Page 17
business Type 1 Food & beverages - Unit 15 Noosa Fair Shopping
Centre. 3 Lanyana Way, Noosa Heads

Page 39

CG
OX

* the proposal will utilise existing waste disposal facilities for unit 15:

e the proposal will not have an adverse impact on environmental or
heritage values;

e there is adequate vertical clearance above the outdoor dining
areas;

e the outdoor dining areas will not impede pedestrian access; and

* the proposal complies with Planning Scheme Policy PSP14 Outdoor
Dining.

It is therefore considered that the proposed Material Change of Use
application complies with the detailed requirements of the Business Centre
Zone Code.

5.2.6.2 Driveways and Car Parking Code

The Overall Outcomes of the Code require car parking to be safe, functional,
meet the reasonable requirements of the particular land use and not to
adversely impact on existing public car parking. On site parking
requirements are dealt with in Specific Outcome O7 and Probable Solutions
$7.1 and $7.2 of the Code.

Specific Outcome $7.1 requires parking to be provided in accordance with
Table 14.51 of the Noosa Plan. For an Entertainment and Dining Business -
Type 1 Food & Beverages use, Table 14.51 requires car parking to be
provided as a rate of | space per 10m? or part thereof of use area and
outdoor dining area (excluding kitchen and food storage areas) on the
property. Excluding the kitchen and food storage areas, the applicant
proposes 16m? of internal dining floor space and 24m? of outdoor dining
area. The combined dining floor area of 40m? generates a requirement for
four (4) parking spaces. However, the GFA attributable to the existing shop
use (40m2) generates a requirement for two (2) car parking spaces (being |
space per 20m2}. Therefore the net increase (Material Change of Use from
Shop to Type 1 Food & Beverages) in car parking is two (2) spaces.

Despite the technical requirement for two additional car parking spaces it is
considered for the following reasons that the existing on site car parking has
sufficient capacity to accommodate any additional demand likely to be
generated by the proposed use:

"a survey of available parking and current gross floor area has been
undertaken. The number of parking spaces counted during the
survey was 410 and the total gross floor area is understood to be
5,400m2. On this basis the overall car parking rate for the Shopping

 

Noosa Fair Pty Ltd - Town Planning Report
June 2009 Material Change of Use (code assessable) Entertainment & dining Page 18
business Type 1 Food & beverages - Unit 15 Noosa Fair Shopping
Centre, 3 Lanyana Way, Noosa Heads

Page 40

5.3

9.4

Zl

Complex equates of | space per 13m2. This rate exceeds the parking
requirements of 1 space per 15m2in the Noosa Plan ;

« the proposal is not an end destination in-itself (ie. Customers are
unlikely to visit the restaurant without combining the trip with shopping
etc.):

= the restaurant will rely on passing trade (ie. existing customers of the
Shopping Centre);

* the proposal is in proximity to a public transport facility (with at least 3
bus routes currently stopping at the Shopping Centre;

* Noosa Fair benefits from excellent walking and cycling linkages;
» the site is located centrally within Noosa Heads; and

« since the Shopping Centre was built competition has increased with
new development at the Civic Centre and other retail development
elsewhere within Noosa.

On this basis it is considered that the proposal satisfies the requirements of
Specific Outcome O7 of the Code.

Regional Plan

In June 2005, the Queensland State Government (Department of
Infrastructure & Planning) released the South East Queensland Regional Plan.
The purpose of the Regional Plan is to guide growth and development in
South East Queensiand to 2026. The Regional Plan is the pre-eminent plan for
the region and takes precedence over all other planning instruments. The
Draft South East Queensland Regional Plan 2009-2031 has been released for
public consultation. The draft Plan does not alter the status of the subject
site.

Under the Plan, the subject site is identified within the Urban Footprint
designation. This designation identifies land predominately allocated to
provide for the region's urban development needs to 2026. The Regional
Plan therefore seeks to focus future urban growth within the Urban Footprint.
The Plan also encourages consolidation within this designation by increasing
the density of development. In this case, the proposal is appropriate within
the Urban Footprint and is an appropriate reuse of business premises.

State Planning Policies

State Planning Policies (SPP) are a statutory instrument prepared under the
Integrated Planning Act 1997, which provide for State government interests
to be considered in development related matters. The development
application must have regard to all relevant and applicable State Planning

 

Noosa Fair Pty Lid ~ Town Planning Report

June 2009 Material Change of Use (code assessable] Entertainment & dining Page 19

business Type 1 Food & beverages - Unit 15 Noosa Fair Shopping
Centre, 3 Lanyana Way, Noosa Heads

Page 41

Z|

Policies, which are not incorporated or reflected in the Noosa Plan. In this
respect the Minister has confirmed that the following State Policies have
been appropriately addressed in fhe Planning Scheme:

* SPP 1/92: Development and the Conservation of Agricultural Land;

« SPP 1/02: Development in the Vicinity of Certain Airports and Aviation
Facilities;

* SPP 2/02 Planning and Managing Development involving Acid Sulfate
Soils;

* SPP 1/03 Mitigating the adverse Impacts of Flood, Bushfire and
Landslide; and

* State Coastal Management Plan 2001.

5.5 Summary

The above assessment against the relevant provisions of the Noosa Plan 2006
indicates that the proposed Material Change of Use (Type 1 Food &
Beverages use of the Entertainment & Dining Business use class) is consistent
with the Noosa Heads Locality Code and satisfies the relevant Performance
Criteria and Probable Solutions of the applicable overlay, land use and
general Planning Scheme codes. The proposal is also consistent with the
relevant sections of the South East Queensland Regional Plan and there are
no State Planning Policies that are relevant to the assessment of the
proposal.

 

Noosa Fair Pty Ltd - Town Planning Report
June 2009 Material Change of Use (code assessable) Entertainment & dining Page 20
business Type 1 Food & beverages - Unit 15 Noosa Fair Shopping
Centre, 3 Lanyana Way, Noosa Heads

Page 42

 

OS

6.0 Conclusion

This town planning report has been prepared for Noosa Fair (Holdings) Pty Ltd to
accompany a code-assessable development application for the Material Change
of Use of premises (Type 1 Food & Beverages use of the Entertainment & Dining
Business use class).

This report has addressed the relevant town planning issues pertaining to the
application, as set out in the Noosa Plan 2006 and the South East Queensland
Regional Plan.

A detailed assessment of the proposal against the relevant sections of the Noosa
Plan 2006 has been undertaken which demonstrates the proposed development
complies with the relevant requirements of Noosa Heads Locality Code and satisfies
the relevant Performance Criteria and Probable Solutions of the applicable overlay,
land use and general Planning Scheme codes. The proposed development is
considered appropriate for the following reasons:

* the proposal (Entertainment & Dining Business) is a consistent use in
the Business Centre Zone of the Noosa Heads Locality:

* the amenity and character of the area will be maintained;

* the vitality and viability of the area will be enhanced by a new
business;

* as part of an existing shopping centre the proposed use will not affect
the business centre hierarchy;

« the proposal will affect the natural overlays that relate to the site; and

«the proposal will not detract from the established character of the
area.

On this basis, it is recommended that the application, submitted on behalf of Noosa
Fair (Holdings) Pty Ltd, for a Development Permit to materially change the use of part
of unit 15 and associated external areas at Noosa Fair Shopping Centre to
Entertainment & Dining Business - Type 1 Food & Beverages be approved subject to
reasonable and relevant conditions.

Yours faithfully
Dillon Folker Stephens Pty Ltd

By OBW. M word

Bruce Gibbs Mick Sheppard
Senior Town Planner Associate Director

 

Noosa Fair Pty Ltd — Town Planning Report
June 2009 Material Change of Use (code assessable} Entertainment & dining Page 21
business Type | Food & beverages - Unit 15 Noosa Fair Shopping
Centre, 3 Lanyana Way, Noosa Heads

Page 43

 

 

 

 

Aopendix .

 

Page 44

 

 

omooo80
i

 

 

 

 

i

Location of Proposed
Outdoor Dining Area

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Oars Meare

 

 

 

 

 

 

 

 

Se
fm Ce fe ifm

 

 

Ne | sas sceateemeesaenanmampennicseeal §
' ol |
\\ \ by, il
\\ “1 J |
i — ee

 

 

 

 

 

 

 

 

 

 

 

 

DA1 Location Plan
June 2009

 

 

 

Page 45

 

 

 

 

 

1)

 

  

 

Shap front has been
adopted as matt fine.

 

 

 

 

 

 

 

of ///, / DEI 100m? / HHH] //)
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Yyy if / diff ft //
‘ / yy f r fi
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Y |
DA2 Proposed Tenancy & Outdoor POLKER
ee STEPHENS
Dining Plan ’
\

June 2009

 

 

 

Page 46

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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2600 10
RUBBISH BIS
/ SO LTR ww SYTEM UNDER
bn ] at
War Gy 2
8
— =
Kitchen and 2 4) Puy (sore g|
Storage = a| ¢
| —
Area 1 (o} ~~ CLEANEAS SINK! BINGLE INIER
L—ct =
24m? SS 3B
—. Il 5 i
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STISTEEL HAND WASH BASIN —SS ” | | 2
\MTH HANDS FREE MIXER, SAP | Pt= 3
DISPENSER AND PAPER TOWEL a i
CASPENSER UNI! Qe | + AEN UNIT ABOVE
a Py (8 i
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——cT
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COWMERCIAL GRADE SEAMLESS VINYL SHEET +t
FLOORING WITH 25MM COVED SKIRTING ee Public Areas
KCORFPORATED AS SHON CN ELEVATIONS C 16m?
{TYPICAL THROUGHOUT) Er A m
2 [ 1440
3 |
4, SH 1
' | '
i \ \
t '
1 !
" '
' 1
i '
/ mal

LAYOUT PLAN

 

 

 

DA3 Layout Plan
June 2009

 

 

 

Page 47

 

 

 

 

Appendix
2

 

Page 48

|

Locked Bag 72- ¥ O? 5475 7272

S U Nn S n | nN e C O a st Sunshine Coast Mail Centre t O7 5475 1277

Regional Gaur iccil Qld 4560 & mai@sunshinecoast qid.gov.au
° ABN 37 876 973913 W www.sunshinecoasl.qid.gov.au
Officer: Helen Lowrie

Direct Telephone: 07 5449 5181
Response Address: PO Box 141, Tewantin QLD 4565

Email: [email protected]
Our Reference: 3 Lanyana Way, Noosa Heads
Your Reference; (0000967740)

28 March 2008

Mallesons Stephen Jaques
GPO Box 1406
BRISBANE QLD 4001

 

Standard Planning & Development Certificate
integrated Planning Act 1997

in accordance with the Integrated Planning Act 1997, the following information is provided in
respect to the premises.

PREMISES:
Street address: 3 Lanyana Way, Noosa Heads
Real property Lot 54 RP 139776 Parish of Weyba County of March
description:

PLANNING SCHEME:

The following provisions of The Noosa Plan gazetted on 3 February 2006 and amended from
time to time, apply specifically to the premises:

Zone:
Business Centre

Overlays:
Biodiversity: Environmental Enhancement
Natural Hazard: Medium Bushfire Hazard Area

REGULATORY PROVISIONS:
SEQ Regional Plan:

Category: Urban Footprint.
SEQ Regional Plan Amendment 1 — Regulatory Provisions apply.

DESIGNATIONS APPLYING TO THE PREMISES:

Nil
tof4
Caloundra Office Maroochydore Office Nambour Office Tewanlin Office
1 Omrah Avenue 11 - 13 Ocean Street Cnr Curne and Bury Streets 9 Pelican Street
Caloundra Qld 4551 Maroochydore Old 4558 Nambour Qld 4560 Tewantin Qld 4565
! 07 $420 8200 * 07 5475 8501 + 07 5475 8601 2 O7 5449 5200

* OF 5420 BYUD * 07 $441 8238 > O07 S441 8338 : 07 5447 1062

Page 49

-2-

 

INFRASTRUCTURE CHARGE SCHEDULES APPLICABLE:

This property is located in the catchment area for the Coastal Major Road Network
Infrastructure Charges Plan. Any development may trigger an Infrastructure Charge payable
to Council in accordance with the Infrastructure Charges Pian and Chapter 5 of the Integrated

Planning Act 1997.

INFRASTRUCTURE CHARGES OUTSTANDING:

Nil

INFRASTRUCTURE CHARGE PAYMENTS MADE:

Nil
DECISION NOTICES:
File Reference

ONA 105

3B-375

10373 TP

11039 TP

14856 DB
23274 DA
07/1591

07/2228

23489 DA
22625 DA
23284 DA

23294 DA

BA 80/518

BA 94/1633

Description of Approved Development

Alterations & renovations to an existing
shopping centre

Extension to an existing warehouse

Commercial Service — Automatic Teller
Machine kiosk

Relocation of staff amenities and an
increase inc retait floor space within a
shopping complex of Coles Supermarket
Extension to a shopping centre (storage)
Extension to shopping centre — lift

Entertainment & Dining Business Type 2
~ Recreation, amusement

Commercial Business Type 2 - Medical
Extension to restaurant

Extensions to a shopping centre
Operational Works — Landscaping
Operational Works — Car Park,
Stormwater Drainage and Sediment and
Erosion Works

Shopping Centre

Shop 3 Donuts

Council Decision & Date

Approved 15/3/1988

Approved 19/1/1995

Approved 1/5/1997

Approved 23/7/1997

Approved 29/10/1988
Approved 6/5/2003

Approved 11/10/2007

Approved 21/2/2008
Approved 15/10/2003
Approved 25/7/2002
Approved 20/5/2003

Approved 23/6/2003

Approved 19/9/1980

Approved 14/9/1994

20f4

Page 50

 

Kiosk, courtyard, bus shelter awning

BA 96/1111 Shop 3 Donut King

BA 04/5400

BA 05/1278 Shopping walkway awning
BA 07/1030 Shade sails (3)

BA 08/101 Fitout BWS Store

Approved 18/9/1996
Approved 14/10/2004
Approved 29/7/2005
Approved 6/7/2007

Approved 1/2/2008

The original shopping centre was established prior to Council requiring a planning
approval for shops in the Commercial A zone.

MINOR CHANGES: (Details Only)
File Reference

22625 DA

22625 DA

23284 DA

23284 DA

23284 DA
23294 DA

Description of Minor Change/s

Change an approved shop
to a restaurant with
outdoor dining, delete a
kiosk from the front
entrance/waikway,
relocate parking spaces

Add kiosk

Change to internal
courtyard, increased
garden bed areas,
additional seating,

awnings over Coles ramp
and additional planting

A hipped roof extension to
teplace awning over Coles
ramp, change to the size
of Poinciana trees planted

Shade sails
Amend Conditions 1 & 4.

Condition 6 deleted.
Conditions 16 & 16 added

Approved 14/7/2004

Approved 24/1/2008

Approved 14/7/2004

Approved 9/6/2005

Approved 4/5/2007

Approved 14/8/2003

AMEND PLANNING SCHEME UNDER SECTION 4.3 OF THE REPEALED ACT: (Details

Only)
File Reference

Nil

Description of Development

Council Decision & Date

Jord

Page 51

 

COURT JUDGEMENT OR ORDER:
File Reference Description of Judgement or Order Decision Date
Nil

AGREEMENT ABOUT A CONDITION OF THE DEVELOPMENT APPROVAL INVOLVING
COUNCIL OR A CONCURRENCE AGENCY:

Fite Reference Description of Agreement Date
Nil
INFRASTRUCTURE AGREEMENT INVOLVING COUNCIL OR A CONCURRENCE AGENCY:
Fite Reference Description of Agreement Date
Nil

PROPOSED AND PROCEEDING AMENDMENTS OF THE PLANNING SCHEME, BUT NOT
YET ADOPTED:

File Reference Description of Amendment Date
Nil

Should you wish to obtain more information about the above property, please do not hesitate to
contact Council on the above number.

Yours faithfully,

Tracy Arthur
SENIOR PLANNING OFFICER

 

4o0f4

Page 52

DILLON
FOLKER
STEPHENS

TOWN PLANNER

 

Noosa Fair (Holdings) Pty Ltd

Entertainment and Dining Business — Type 1

DIRECTORS
GARY DILLON
PETER FOLKER

KARI STEPHENS

ASSOCIATE DIRECTOR
MICK SHEPPARD

LEVEL 1
1 BEACH ROAD
MAROOCHYDORE

PO BOX 605
MAROOCHYDORE
QUEENSLAND
AUSTRALIA 4558

T 07 5443 5566
F 07 5443 9977

[email protected]
dfstownplanners.com.au

DILLON FOLKER STEPHENS PTY LTD.
ACN 095 £84 129 ARN 22 NAS #A4 190

Page 53

Be

Table of Contents

 
  

 
 

 
 

 

 

 

1.0 Introduction.................00+
2.0 Proposed Development....
2.1 ADPPliCation TYPO... eeeescceeseeseceeeceeeceecseeseeseecseerenesaeesseesnseeseseasees
2.2 TNE PrOPOSI ....cceceeseeecsesseseeseesceseeceteeseeeecacscesseeeseteessesseeeeseevensenseees 5
3.0 SUBJECE Site... .cscescsscscsscssescssesessessessseesecsesesessesesseeceneees 7
3.1 Real Property DeESCrIPTION 0... ee eee eeeeseereeteceseeneeenseceneenaeeeeeeaees 7
3.2 Site Locality & SUPTFOUNCING ALO ou... ceeceiecsesseeteeeeceeeetennereeeeree 7
3.4 Site DESCTIPTION ....... ce eeseesseseeesseeseceseeneetereneeaceseceeessetenessanerseesaeeeneene® 8
3.5. ROA Frontage & ACCESS oe esecsceseeseesseeseseessersesenseeesenseesentaees 9
3.6 Existing BUICGINGS «0... eccececeeecesceceeeceeeseeasceseassanescesseesaeenscneeneeess 9
3.7 Existing SErvViCeS .......secceseeeeceeseesessesessseaeseeserscesssesesseeceaeenensecasenenses 9
4.0 Relevant Town Planning History...................:sssseseees 10
4.] APPliCation Site occ eeesseeeeeceersssesseeesscsssaseesaeeaeeaseseesesnessesseenees 10
5.0 Statutory Town Planning Assessment .................::004 1
5.1 Integrated Planning ACt 1997 ccs csesesseecssesesserseeeesreseeserseees 1
5.2 Noosa Plan 2006
5.3 REGIONAL PION... ee eesetsessesessesceeesscsessesseseeseeesecseeseeseeseeseeseeateas
5.4 State PIANNING POLICIES «00... cece essessesseesceaeeseeeeeeseeseeseeseeseeesees 19
5.9 SUIMIMOTY ou. secccceeeecsscerseseesseceseeneensecsseneersersecsesneetecenresneessssneessenses 20
6.0 CONCLUSION 1..............ssceecscseseescescossesesssssssscscsceseuseeneeees 21
Figures
Figure 1 — LOCOIMitY PION... cceeccsesecectsetsceeseneneescesenensnensesessssnseseecessersneeressessnsenensneses
Figure 2 - Subject Site Plan
Figure 3 — Noosa Heads Locality Plan
Figure 4 - Biodiversity Overlay «0...
Figure 5 — Natural Hazards Overly .........ccccceeeceeeeeseesteceeneeeseceeseeneceeseseeaesseseesenees
Appendices
Appendix]  — Proposal Plans
Appendix2 - Standard Planning & Development Certificate
Noosa Fair Pty Ltd — Town Planning Report
June 2009 Material Change of Use (code assessable} Entertainment & dining Page |

business Type | Food & beverages - Unit 15 Noosa Fair Shopping
Centre, 3 Lanyana Way, Noosa Heads

Page 54

BS

Report Summary

Material Change of Use
(Entertainment and Dining Business - Type 1 Food & Beverages)

 

| Development Application

Applicant: Noosa Fair (Holdings) Pty Ltd
Consultants: Dillon Folker Stephens (Town Planning)
Proposal: Material Change of Use Entertainment & Dining

Business - Type 1 Food & Beverages

 

Site Description

 

Location: Part of unit 15 and associated external areas,
Noosa Fair Shopping Centre, 3 Lanyana Way.
Noosa Heads

 

 

RPO: Lot 54 on RP 139 776
Area of Land: 2.824 ha
Current Use: Retait Business (shop)
Noosa Plan 2006 (as amended May 2009) |
Locality: Noosa Heads
Zone: Business Centre

 

Noosa Fair Pty Ltd - Town Planning Report
June 2009 Material Change of Use (code assessable} Entertainment & dining Page 2
business Type 1 Food & beverages - Unit 15 Noosa Fair Shopping
Centre. 3 Lanyana Way, Noosa Heads

Page 55

1.0

CZ

\

XK
Introduction

This Town Planning Report has been prepared by Dillon Folker Stephens on
behalf of the applicant, Noosa Fair (Holdings) Pty Ltd. The report is submitted
to Sunshine Coast Regional Council as part of the common material for a
development application that seeks approval for a material change of use
from Retail Business use class to Type 1 Food & Beverages (Entertainment &
Dining Business use class). The application site comprises part of unit 15 and
associated external areas which form part of the Noosa Fair Shopping Centre
tocated at 3 Lanyana Way, Noosa Heads and legally described as Lot 54 on
RP 139776.

The application site is located within the former Noosa Shire Council area
and, as such, the development application will be assessed against the
Noosa Plan 2006 (as amended May 2009). In the Noosa Plan the application
site is located in the Business Centre Zone of the Noosa Heads Locality. As
the proposal forms part of the Business Centre Zone, involves a new outdoor
dining area and provides no additional car parking the proposed
application requires Code Assessment in accordance with the relevant
provisions of the integrated Planning Act 1997.

The purpose of this town planning report is to describe the application site
and its locality, explain the proposed development and discuss the relevant
town planning issues. The town planning issues have been identified following
a review of the proposal against the relevant sections of the following
documents:

« Noosa Plan 2006;
« South East Queensland Regional Plan; and
« the applicable State Planning Policies.

The report should be read in conjunction with the accompanying covering
letter, IDAS Development application forms and the proposal plans which
are listed in the Table below and are included in Api

 

 

“Drawing No.“| Drawing Description... 4 | Date’.
DAI Location Plan June 2009
DA2 Proposed Tenancy and Outdoor Dining Plan | June 2009
DA3 Layout Plan June 2009

 

 

 

 

 

 

 

 

As the proposed application is code assessable this Town Planning report
seeks to demonstrate that there are sufficient planning grounds to justify
approving the development under the relevant assessment criteria
{applicable codes) of the Noosa Plan 2006. In particular, the report
demonstrates that:

= the proposal (Entertainment & Dining Business) is a consistent use in
the Business Centre Zone of the Noosa Heads locality;

 

Noosa Fair Pty Lid - Town Planning Report

June 2009 Material Change of Use (code assessable) Entertainment & dining Page 3

business Type 1 Food & beverages - Unit 15 Noosa Fair Shopping
Centre, 3 Lanyana Way, Noosa Heads

Page 56

EZ
wa

= the amenity, viability, vitality and character of the area will be
maintained and even enhanced by a new business;
« the proposed use will not affect the business centre hierarchy;

" as the proposal is located within an existing shopping centre it will not
detract from the established character of the area:

* there is sufficient parking on site to cater for the proposed use: and

* the proposal will not impact on the natural overlays affecting the site.
Based on the reasons summarised above, the report concludes that there
are sufficient planning grounds for the Council to approve the application,

pursuant to section 3.5.4(2) of the Integrated Planning Act 1997 in
accordance with the Planning Scheme.

 

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2.0

2.1

2.2

Proposed Development

Application Type

This development application seeks Council's approval for a Material
Change of Use to allow the use of the subject site as an Entertainment &
Dining Business Use - Type | Food & Beverage.

The Proposal
The proposed development is described in more detail below.

2.2.1 Proposed Land Use

The proposal seeks Council's approval to use part of unit 15 and associated
outdoor areas as an Entertainment & Dining Business - Type 1 Food &
Beverages use. The application will provide a larger customer dining area for
the existing tenant, who sells frozen yoghurt and fresh, made-to-order sushi.
The proposed frozen yoghurt & sushi bar will comprise a total internal gross
floor area of 40m? with an additional 24m2 of outside dining area located {in
part) directly in front of the unit and (in part) beyond the pedestrian
footpath.

Tne remainder of unit 15 will be used to enlarge unit 14 which is currently
vacant. As a result the gross floor area (GFA) of unit 14 will increase from
74m? to 100m2. The use of this additional space will remain consistent with its
lawful use as a shop and therefore will not constitute a material change of
use.

2.2.2 Internal Layout

The proposed internal layout of the proposed tenancy is shown on drawing
DA3 in Appendix;}. The plan confirms that the internal gross floor area will be
40m2. As drawing DA3 shows the gross floor area is located at the front of
unit 15 and includes a kitchen and preparation area, display and service
counter and small internal seating area. The gross floor area of the internal
seating area is 16m2.

2.2.3. Outdoor Dining

As drawings DAI and DA2 in Appendix] show, the proposed external dining
area is located directly outside Unit 15. The plan also shows that the outdoor
dining area will not exceed 24m? in total area and will be located around the
landscape area in front of Unit 15. The proposed layout has been designed
to maintain pedestrian access along the front of the shop units. Customers
using the outdoor dining area will have access to the public toilets located
beside Coles Supermarket.

 

 

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los
2.2.4 Parking

Excluding the kitchen and food storage areas, the applicant proposes 1ém2
of internal dining floor space and 24m? of outdoor dining area. The
combined dining floor area of 40m? generates a requirement for four (4)
parking spaces. There is however a credit associated with the parking
requirement for the existing shop use which equates to two (2) spaces and as
a result, there is technically a net requirement to provide two {2) additional
parking spaces on site. This issue is discussed in more detail in section 5 2.6.1
below.

2.2.5 Services & Infrastructure
All services and infrastructure will remain as existing.

 

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3.0 Subject Site

3.1. Real Property Description

The application site forms part of the Noosa Fair Shopping Centre located at
3 Lanyana Way, Noosa Heads (refer to Figure "i below}. The legal description
of the lot is Lot 54 on RP139776 and the registered owners are Noosa Fair
(Holdings) Pty Ltd.

Figure 1 - Locality Plan

 

 

 

 

 

 

      
  
   

 

 

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3.2 Site Locality & Surrounding Area

As Figure 4 below illustrates, the application site is located in Noosa Heads {in
proximity to Sunshine Beach Road {identified in the Noosa Plan 2006 as Major
Road Network) and situated approximately 1km to the south of Hastings
Street and Laguna Bay.

The site, which forms part of the Noosa Fair shopping centre, is accessed
from Lanyana Woy.

The site forms part of the Noosa Junction Shopping Centre and the
surrounding land uses generally comprise a mix of retail, commercial,
community and recreational facilities.

AS Figure. 2 below shows the extent of the application site within the Noosa
Fair Shopping Centre and illustrates the mixture of land uses that adjoin the
centre. In this respect the Figure shows that there is a public car park directly
to the north of the centre while on the opposite side of Lanyana Way is a mix
of retail, medical and commercial units. A similar mix of commercial uses
directly abut the south eastern corner of the centre while to the west is the

 

 

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Pinarro Park. Finally the southern boundary of the centre abuts Wyandra
Street and runs to the rear of some of the residential units that front this street.

It is relevant to note that there is a significant amount of public parking within
the local area with car parks located fo the north of the Shopping Centre
and on the corner of Lanyana Way & Cooyar Street. There is also on street
parking on either side of Lanyana Way.

The site is also served by public transport with bus services 626, 627 and 628
stopping at the Shopping Centre.

 

Figure 2 - Subject Site Plan

 

3.4 Site Description

The subject site, which has a total area of 2.824ha, is generally flat. The
shopping centre is anchored by a Coles Supermarket and has a total of 24
ground floor tenancies. The existing outlets provide a range of retail,
commercial and medical facilities and have a mixture of tenants including
Telstra, Flight Centre, Gloria Jeans, Pulse and Donut King.

There are a further six units on the upper level which have a range of tenants
including a gym, health spa, employment agency and financial adviser.

At present the majority of the ground floor units are let but there are two units
which are currently vacant. The vacant units include unit 14 which adjoins
the application site.

In addition to the commercial tenancies the Centre also includes a range of
other facilities such as public toilets, public phones, ATMs and seating areas.

 

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The majority of the parking on the site is located between the shopping
centre and Lanyana Way. Some additional parking is provided to the rear of
the centre and along the internal access roads that run along either side of
the Centre. In total there are 410 on site car parking spaces. The car park
also includes two (2) ambulance bays and a cab rank. There are two
separate entrances and egresses to the car park from Lanyand Way.

There is a loading dock and other loading areas located at the rear of the
complex and along its western side. All deliveries and collections including
waste take place in these locations. A one way system operates on site with
service vehicles reaching the loading and unloading areas via the eastern
service road and leaving by the western one.

There is mature landscaping along all external boundaries of the site and
throughout the car parking areas.

 

3.5. Road Frontage & Access
Access to the site is from Lanyana Way and the site has a 200m frontage with
this road.

3.6 Existing Buildings
The buildings on the site are concentrated in the north western corner and
the proposed Material Change of Use is located in a row of existing
tenancies opposite Coles Supermarket on the northern side of the internal
courtyard.

3.7 Existing Services
The site has connection fo all urban services, including reticulated water and
sewerage, electricity and telecommunications infrastructure.

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4.0 Relevant Town Planning History

4.1 Application Site

The application site has an extensive town planning history which includes a number
of Material Change of Use, Operational Works and Building Approvals dating back
to 1980. There have also been a number of minor changes to these approvals. A
Standard Planning & Development Certificate was issued by Council on 28 March
2008 which details. the town planning history of the site and is included within this
report as Appendix 2.

It should be noted that the original shopping centre was established prior to Council
requiring a planning approval for shops in the Commercial ‘A’ zone.

 

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5.0 Statutory Town Planning Assessment
5.1 Integrated Planning Act 1997
The Integrated Planning Act 1997 (IPA) provides the overall statutory planning
framework for Queensland. The subject site is located within the local
government boundaries of the Sunshine Coast Regional Council, within the
former Noosa Shire Council boundaries. As such, the subject site is subject to
the provisions contained in the Noosa Plan 2006 (as amended May 2009).
Based on the relevant provisions of the Noosa Plan, the proposed
development requires Code Assessment. Those matters which the
Assessment Manager must have regard to when assessing the development
application are set out in section 3.5.4(2) of IPA and are as follows:
(a) the applicable codes (other than concurrence agency codes
the assessment manager does not apply); and;
(b) subject to paragraph (a) the common material; and;
(c) if they are not identified in the planning scheme as being
appropriately reflected in the planning scheme:-
i) State planning policies, or parts of State planning
policies; and
ii) For the planning scheme of a local government in the
relevant area for a State planning regulatory provision
- the provision; and
iii) For the planning scheme of a local government in a
designated region — the region's regional pian;
({d) Any development approval for, and any lawful use of
premises the subject of the application or adjacent premises;
{e) If the assessment manager is an infrastructure provider -
priority infrastructure plan;
(f) The matters prescribed under a regulation (to the extent they
apply to a particular proposal).
At the time of lodging the development application, the common material
comprises the following:
e the duly completed IDAS Forms and application fee;
e this Town Planning Report:
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e the attached proposal plans; and

« acovering letter.

5.1.1 Referrals

The development application triggers referral to the following Referral
Agencies (Concurrence, Advice and Third Party Advice) under the provision
of IPA and the Integrated Planning Regulation 1998.

5.1.1.1 Department of Transport & Main Roads
The proposal is within 400m of a public transport facility and has a site area
greater than 5,000m2.

5.1.1.2 Department of Environment & Resource Management
The proposal is within 100m of a wetland.

 

5.2 Noosa Plan 2006

Development within the jurisdiction of the former Noosa Shire Council is
regulated by the Noosa Plan 2006, which came into effect during February
2006. The application has been assessed against the relevant provisions of
the Noosa Plan (as amended May 2009) which includes the Locality Plan and
Planning Scheme Codes.
5.2.1 Definitions
The proposal seeks a material change of use for the subject site to enable
the operation of a Sushi & Frozen Yoghurt Bar (Type 1 Food & Beverages use
of the Entertainment & Dining Business use class). The use is defined as:

“Entertainment and dining business means the

conduct of a business activity, where entertainment,

amusement, recreation or meals are afforded. The

term includes the following types:

Type | Food & beverages The use of premises involving

the sale of food and beverages for consumption on

the premises. The use class includes a function room or

restaurant or café with dining facilities for 10 or more

people.”
5.2.2 Level of Assessment
The Development Assessment Table for the Noosa Heads Locality identifies
the application as code assessable. On this basis, the application should be
assessed against the relevant codes of the Noosa Plan, in particular the
Noosa Heads Locality Code, Business Uses Code, Landscaping Code and
Engineering Works Code. This assessment is set out below.

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%

5.2.3 Noosa Heads Locality Code

AS Figure. below illustrates that the subject site is located in the Noosa Head
Locality. Development within this Locality is acceptable if it complies with the
Noosa Heads Locality Code and fulfils the specific outcomes for the locality,
is a consistent use and fulfils the specific outcomes for the relevant zones.

Figure 3 —- Noosa Heads Locality Plan

 

 

  

 

  

CiDetached Housing

El Semi-Attached Housing

BAttached Housing

} ElVisitor Mixed Use
ONeighbourhood Centre

E]Business Centre

(Jcommunity Services

4 (CJOpen Space Recreation

AOpen Space Conservation

 

 

 

The Overall Outcomes for the Noosa Heads Locality, as they relate to the
Business Centre Zone includes:

“For the Business Centre Zone, the Noosa Junction
Business Centre—

@ i accommodates _ significant Retail business,
Commercial business, Entertainment and dining

business, and Community Uses that provide

residents and visitors with a range of goods and

services including some higher order services; and

ii accommodates uses that do not detract from the
role of the Shire Business Centre as the principal
business centre for the Shire;"

Applicant Comments

The Overall Outcomes for the Locality confirm that the proposed use is
consistent with the Business Centre Zone and it will not therefore affect the
the hierarchy of Business Centres within the Noosa Plan.

An assessment of the proposal in relation to the Specific Outcomes and
Probable Solutions for the Noosa Heads Locality (Division 15) has been
undertaken. The proposal, which will be located within the existing Shopping
Centre, is considered to be consistent with the provisions of the code.

 

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A further assessment of the proposal has been conducted in relation to the
Specific Outcomes and Probable Solutions for the Noosa Heads Locality
Business Centre Zone (Division 21}. The proposal is considered acceptable
under the provisions of the code for the following reasons:

" the proposal (Entertainment & Dining Business) is a consistent use:

* the amenity. viability, vitality and character of the area will be
maintained and even enhanced by a new business;

«the proposed use will not affect the business centre hierarchy; and

* as the proposal will be located within the existing shopping centre it
will not impact on the established character of the area.

5.2.4

Development Assessment Table

Development Assessment Table 9.6 below identifies the level of assessment
for the development proposed.

Column 1
Detined use or use class

BUSINESS USES—

fore) lewd
PTE eer Lae tela

Column 3
Relevant assessment

criteria - applicable code

if development is self
assessable or requires
code assessment

 

 

Consistent use

All Commercial business;

or

All Entertainment and dining
business:

or

Retail business Type 1 Local,
Type 2 Shop and salon, Type
4 Showroom, Type 5 Vehicle
uses, Type 6 Hardware store
or

Type 7 Garden centre

Inconsistent use
Those Business Uses listed in
Section 9.32

 

 

Self-assessable if one of the
following and not involving
any new buildings or the
expansion of buildings or
outdoor use area providing
the building has already
been approved for one of
these uses and no additional
tenancies are being
created—

a} Commercial business
Types 1 or 2; or

b) Entertainment and dining
business Type 1: or

Cc) Retail business Types | or 2

Assi if—
Q} one of the following and
not involving any new
buildings or the expansion of
buildings or outdoor use area
but not complying with
Column 2 of Table 14.5,
Acceptable Solutions $1.1 to
$9.2 of the Business Uses
Code—
i} Commercial business
Types | or 2; or
ii) Entertainment and
dining business; or

 

It self-assessable Column 2 of
Table 14.5, Acceptable
Solutions $1.1 to $9.2 of the
Business Uses Code

lf code assessable—

a} Noosa Heads Locality
Code; and

b) Business Uses Code; and
¢) Landscaping Code; and
d) Engineering Works Codes.

 

 

June 2009

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ii) Retail business Types

1,4, 5, 6 of 7; or

iv) Retail business Type 2 if not
exceeding 2,000m2 GFA

b} One of the following and
involving any new buildings
or the expansion of buildings
Of Outdoor use area—

i) Commercial business
where not otherwise Self
assessable; or

ii) Entertainment and
Dining Business; or

iii) Retail Business Types

1, 4, 5, 6 or 7; or

iv) Retail business Type 2

if not exceeding 2,000m2
GFA;

Impact assessable if—

a) Home-based business; or
b) Industrial business; or

¢) Retail business Type 2 if
exceeding 2,000m2 GFA; or
d} Retail business Type 3

 

 

 

 

 

As the subject site is included within the Business Centre Zone, involves a new
outdoor dining area and provides no additional car parking, the proposed
Material Change of Use is subject to Code Assessment. The proposed use is
however a consistent use in the Noosa Heads Locality.

§.2.5 Overlays

The Noosa Plan identifies the Overlays for each locality within the
administrative area. It also provides Overall Outcomes for each Overlay
Area, identifies whether the site is affected by the Overlays and includes a
development assessment table that defines the tevel of assessment required
for proposals within each Overlay Area.

The Table below identifies all of the Overlay Areas and determines which
affect the application site.

 

 

 

 

 

Overlays Site in Overlay
Yes/No

Noosa Heads Biodiversity Overay Yes

Noosa Heads Heritage Overlay No

Nooso Heads Natural Hazard: Landslide & Flooding Overlay No

Noosa Heads Natural Hazard :Bushfire & Acid Sulfate Soils Overlay Yes

Noosa Heads Natural Resources Overlay No

 

 

 

 

Applicants Comments:

The Table above shows that two (2) Overlays potentially affect the site
however neither of these Overlays affect the level of assessment for the
application.

 

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5.2.5.1 Biodiversity Overlay

As the extract from Map OM6é.1 in Figure.4 below highlights, the application
site is subject to the Environmental Enhancement component of the
Biodiversity Overlay Code.

 

Figure 4 - Biodiversity Overlay

 

  
 
 
 

 

Major

Waterbodies Waterways and

Drainage Lines

 

7 Riparian Butter Areas

      

nvironmental Protection

e . ard
Environmental Enhancement Soong

 

iui} Koala Habitat Areas

 

 

 

The Specific Outcomes of the Code seek to protect vegetation of local
origin, koala habitat areas, open space networks, wildlife corridors, scenic
amenity and habitat trees from any adverse effects of new development.
However, the proposal seeks a material change in use of an existing building
which will have no additional impacts on the Environmental Enhancement
component of the Biodiversity Overlay. As such, the proposal is considered
jo comply with the Specific Outcomes and Probable Solutions of the Code.

3.2.5.2 Natural Hazards

As Figure.5 below shows the application site is located within a Medium
Bushfire Hazard Area, as identified on Noosa Heads Natural Hazard (Bushfire
& Acid Sulfate Soils) Overlay (Map OMé.4). The Specific Outcomes of the
Natural Hazards Overlays Code (Table 13.33 Bushfire Hazard Areas), as it
relates to new uses, seeks to protect the safety of people and property from
bushfire. The proposal is seeking a material change in use of an existing
building and as such will have no additional implications for bushfire
management. On this basis it is considered that the proposal complies with
the Specific Outcomes and Probable Solutions of the Code.

 

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Figure 5 - Natural Hazards Overlay

 

 

 

Medium Bushfire Hazard Area
2 High Potential Acid Sulfate Area 0-5m AHD
&S Low Potential Acid Sulfate Area 5-20m AHD

 

 

 

§.2.6 Planning Scheme Codes

As the proposal is seeking a material change of land within an existing
Shopping Centre the proposal has only be assessed in detail against the
relevant sections of the Business Centre Zone and the Driveways and Car
Parking Code.

5.2.6.1 Business Centre Zone

The purpose of the Business Centre Zone Code is to ensure new development
provides access to an adequate level of goods and services, meets the
expectation of the community, contributes (in a sustainable way) to the local
economy and employment, is located where there is an appropriate level of
infrastructure, protects natural resources and environmental values, is
consistent with the hierarchy of centres, and efficiently uses natural
resources. Table 14.8 refers specifically to the Specific Outcomes and
Probable Solutions for Entertainment & Business.

The key issues and conclusions from the detailed assessment are summarised
below:

e the proposal will not have an adverse impact on the amenity of the
local area;

e the proposed outdoor dining area is located in public areas which
already have excellent casual surveillance;

« the shopping centre is well served by public transport and is easily
accessible by bicycles:

* given the limited amount of gross floor area the proposal does not
require the provision of additional bicycle parking;

 

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* the proposal will utilise existing waste disposal facilities for unit 15;

e the proposal will not have an adverse impact on environmental or
heritage values;

e there is adequate vertical clearance above the outdoor dining
areas;

« the outdoor dining areas will not impede pedestrian access: and

* the proposal complies with Planning Scheme Policy PSP14 Outdoor
Dining.

It is therefore considered that the proposed Material Change of Use
application complies with the detailed requirements of the Business Centre
Zone Code.

5.2.6.2 Driveways and Car Parking Code

The Overall Outcomes of the Code require car parking to be safe, functional,
meet the reasonable requirements of the particular land use and not to
adversely impact on existing public car parking. On site parking
requirements are dealt with in Specific Outcome O7 and Probable Solutions
$7.1 and S7.2 of the Code.

Specific Outcome $7.1 requires parking to be provided in accordance with
Table 14.51 of the Noosa Plan. For an Entertainment and Dining Business —
Type | Food & Beverages use, Table 14.51 requires car parking to be
provided as a rate of | space per 10m? or part thereof of use area and
outdoor dining area (excluding kitchen and food storage areas) on the
property. Excluding the kitchen and food storage areas, the applicant
proposes 16m? of internal dining floor space and 24m? of outdoor dining
area. The combined dining floor area of 40m2 generates a requirement for
four (4) parking spaces. However, the GFA attributable to the existing shop
use (40m?) generates a requirement for two (2) car parking spaces (being }
space per 20m?). Therefore the net increase (Material Change of Use from
Shop to Type | Food & Beverages) in car parking is two (2) spaces.

Despite the technical requirement for two additional car parking spaces it is
considered for the following reasons that the existing on site car parking has
sufficient capacity to accommodate any additional demand likely to be
generated by the proposed use:

* a survey of available parking and current gross floor area has been
undertaken. The number of parking spaces counted during the
survey was 410 and the total gross floor area is understood to be
5.400m?, On this basis the overall car parking rate for the Shopping

 

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5.4

 

Complex equates of | space per 13m?. This rate exceeds the parking
requirements of 1 space per 15m? in the Noosa Plan ;

* the proposal is not an end destination in-itself (ie. Customers are
unlikely to visit the restaurant without combining the trip with shopping
etc.);

= the restaurant will rely on passing trade (ie. existing customers of the
Shopping Centre):

* the proposal is in proximity to a public transport facility (with af least 3
bus routes currently stopping at the Shopping Centre;

= Noosa Fair benefits from excellent walking and cycling linkages;
» the site is located centrally within Noosa Heads; and

* since the Shopping Centre was built competition has increased with
new development at the Civic Centre and other retail development
elsewhere within Noosa.

On this basis it is considered that the proposal satisfies the requirements of
Specific Outcome O7 of the Code.

Regional Plan

In June 2005, the Queensland State Government (Department of
Infrastructure & Planning) released the South East Queensland Regional Plan.
The purpose of the Regional Plan is to guide growth and development in
South East Queensland to 2026. The Regional Plan is the pre-eminent plan for
the region and takes precedence over all other planning instruments. The
Draft South East Queensland Regional Plan 2009-2031 has been released for
public consultation. The draft Plan does not alter the status of the subject
site.

Under the Plan, the subject site is identified within the Urban Footprint
designation. This designation identifies land predominately allocated to
provide for the region's urban development needs to 2026. The Regional
Plan therefore seeks to focus future urban growth within the Urban Footprint.
The Plan also encourages consolidation within this designation by increasing
the density of development. In this case, the proposal is appropriate within
the Urban Footprint and is an appropriate reuse of business premises.

State Planning Policies

State Planning Policies (SPP) are a statutory instrument prepared under the
Integrated Planning Act 1997, which provide for State government interests
to be considered in development related matters. The development
application must have regard to all relevant and applicable State Planning

 

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Policies, which are not incorporated or reflected in the Noosa Plan. In this

respect the Minister has confirmed that the following State Policies have
been appropriately addressed in the Planning Scheme:

= SPP 1/92: Development and the Conservation of Agricultural Land;

= SPP 1/02: Development in the Vicinity of Certain Airports and Aviation
Facilities;

= SPP 2/02 Planning and Managing Development involving Acid Sulfate
Soils;

= SPP 1/03 Mitigating the adverse Impacts of Flood, Bushfire and
Landslide; and

* State Coastal Management Plan 200}.

5.5 Summary

The above assessment against the relevant provisions of the Noosa Plan 2006
indicates that the proposed Material Change of Use (Type 1 Food &
Beverages use of the Entertainment & Dining Business use class) is consistent
with the Noosa Heads Locality Code and satisfies the relevant Performance
Criteria and Probable Solutions of the applicable overlay, land use and
general Planning Scheme codes. The proposal is also consistent with the
relevant sections of the South East Queensland Regional Plan and there are
no State Planning Policies that are relevant to the assessment of the
proposal.

 

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6.0 Conclusion

This town planning report has been prepared for Noosa Fair (Holdings) Pty Ltd to
accompany a code-assessable development application for the Material Change
of Use of premises {Type | Food & Beverages use of the Entertainment & Dining
Business use class}.

This report has addressed the relevant town planning issues pertaining to the
application, as set out in the Noosa Plan 2006 and the South East Queensland
Regional Plan.

A detailed assessment of the proposal against the relevant sections of the Noosa
Plan 2006 has been undertaken which demonstrates the proposed development
complies with the relevant requirements of Noosa Heads Locality Code and satisfies
the relevant Performance Criteria and Probable Solutions of the applicable overlay,
land use and general Planning Scheme codes. The proposed development is
considered appropriate for the following reasons:

the proposal (Entertainment & Dining Business) is a consistent use in
the Business Centre Zone of the Noosa Heads Locality;

* the amenity and character of the area will be maintained;

« the vitality and viability of the area will be enhanced by a new
business;

"as part of an existing shopping centre the proposed use will not affect
the business centre hierarchy:

* the proposal will affect the natural overlays that relate to the site; and

«the proposal will not detract from the established character of the
area.

On this basis, it is recommended that the application, submitted on behalf of Noosa
Fair (Holdings) Pty Ltd, for a Development Permit to materially change the use of part
of unit 15 and associated external areas at Noosa Fair Shopping Centre to
Entertainment & Dining Business - Type | Food & Beverages be approved subject to
reasonable and relevant conditions.

Yours faithfully
Dillon Foiker Stephens Pty Ltd

& OCW. M seeord

Bruce Gibbs Mick Sheppard
Senior Town Planner Associate Director

 

Noosa Fair Pty Ltd — Town Planning Report
June 2009 Material Change of Use (code assessable) Entertainment & dining Page 21
business Type 1 Food & beverages - Unit 15 Noosa Fair Shopping
Centre, 3 Lanyana Way, Noosa Heads