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

WA

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.

Noosa Fair Pty Ltd ~ Town Planning Report
June 2009 Material Change of Use (code assessable) Entertainment & dining Page 12

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