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Planning Report Dec 2019 (002)

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proposal report
  Minor Change to a Development Permit TPC 2409 (approved as a shop
and additional multiple dwelling unit) to extend existing approved dining
          area (Entertainment and Dining Type 1 – Food and Beverages)
over Lot 30 on BUP12150 located at 180/6 Hastings Street, Noosa Heads




                                     Prepared For: Crane Investments Noosa Pty Ltd
                                                          Prepared: December 2019
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                                                                                                                 proposal report




Prepared by:
Martoo Consulting Pty Ltd

13/6 Bottlebrush Ave, Noosa Heads Q 4567 PO Box 1684, Noosa Heads Q 4567
T +61 7 5447 2550
38 Nash Street, Gympie Q 4570 PO Box 391, Gympie Q 4570
T +61 7 5482 7440


© Martoo Consulting Pty Ltd 2017

The information contained in this document produced by Martoo Consulting Pty Ltd is solely for the use of the Client identified on the
cover sheet for the purpose for which it has been prepared and Martoo Consulting Pty Ltd undertakes no duty to, or accepts any
responsibility to, any third party who may rely upon this document.

All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or
transmitted in any form without the written permission of Martoo Consulting Pty Ltd.




                  martoo consulting
                  town planners + urban designers + development managers                                                  page 2 of 16

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Contents
1.0      Summary ......................................................................................................................... 4
  1.1        Development application details ............................................................................................. 4
  1.2        Planning instrument details ..................................................................................................... 4
  1.3        Referral agencies ..................................................................................................................... 4
2.0      Site details ....................................................................................................................... 5
  2.1        Site description ....................................................................................................................... 5
  2.2        Surrounding land uses ............................................................................................................. 8
3.0      Proposed development details ......................................................................................... 9
4.0      Planning assessment ...................................................................................................... 11
  4.1    Minor Change........................................................................................................................ 11
  4.2    Key issues ............................................................................................................................. 11
    4.2.1 Amenity .......................................................................................................................................... 13
    4.2.2 Carparking....................................................................................................................................... 13
    4.2.3 Setbacks .......................................................................................................................................... 13
    4.2.4 Population Density and Gross Floor Area....................................................................................... 14
5.0      State assessment and other matters .............................................................................. 15
6.0      Conclusion………………………………………… ........................................................................... 15
7.0       Appendices ................................................................................................................... 16
  Appendix A Proposal Plans (attached separately)




                    martoo consulting
                    town planners + urban designers + development managers                                                                        page 3 of 16

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1.0 Summary

1.1 Development application details
 Proposed development:                             Entertainment and Dining Business Type 1 – Food and
                                                   Beverages - additional dining area for existing restaurant
 Type of approval sought:                          Minor Change
 Site address:                                     180/6 Hastings Street, Noosa Heads Qld 4567
 Real property description:                        Lot 30 on BUP12150
 Site area:                                        Area subject of application 75.5m2 (total area of Lot 30:
                                                   177m2, total area of parent parcel: 2695m2)
 Assessment manager:                               Noosa Council
 Owner details:                                    Crane Investments Noosa Pty Ltd
 Applicant details:                                Crane Investments Noosa Pty Ltd


1.2 Planning instrument details
 State planning policy:                            Water Quality, Natural Hazards Risk and Resilience ( medium
                                                   storm tide inundation)
 Regional plan:                                    SEQ Regional Plan 2017 (version commenced 11 August
 Designation:                                      2017), urban footprint designation.
 Planning scheme:                                  Noosa Plan 2006
 Zone:                                             Visitor Mixed Use
 Locality:                                         Noosa Heads Locality
 Level of assessment:                              Impact
 Applicable overlays:                              Natural Hazard: Landslide & Flooding – Flood hazard
 Applicable codes:                                 Noosa Heads Locality, Residential Uses, Landscaping and
                                                   Engineering Works Codes



1.3 Referral agencies
Not applicable




              martoo consulting
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2.0 Site details
2.1     Site description
The site is part of the entire Hotel Laguna development which was constructed sometime in the late
1970’s under TPC697 and includes multiple dwelling units and recreational facilities to the centre of
the lot, with two restaurants, Miss Moneypenny’s and Piccolino located to the Hastings Street
frontage.

The area that is the subject of this application (to be known as the site) comprises a two storey
building located on the north eastern corner of the site, adjacent to Hastings Street. The site
comprises the upper level of Lot 30 on BUP12150 which was an approved as a roof top terrace that
was used for roof top dining and then enclosed and used for offices and shops This upper level has
recently been approved for renovation and conversion into a residential unit under a minor change
application.

The ground floor of the lot is currently used as a restaurant.

The upper floor is enclosed with a tension membrane roof, louvres and walls and is accessed via
stairs internal to the site. Access to the ground floor restaurant is directly from Hastings Street.


Table 1: Site description
 Site                        Description
 characteristic

 Existing land use           Area the subject of the application comprises an enclosed roof terrace recently
                             used for shops and approved to be converted to a unit and ground floor
                             restaurant. The area has recently been fitted out for dining associated with the
                             downstairs restaurant.
                             Balance of lot includes Multiple dwelling of 25 units, restaurant and shop known
                             as Hotel Laguna.

 Existing structures         Masonry two storey building containing a ground floor shop and upper level
                             roof top area enclosed with tension membrane roof and louvres.
                             Canvas roof and walls are located on the roof top terrace.
                             Balance of lot include four storey unit complex located to the centre and rear
                             of the site. Front area includes a restaurant known as Miss Moneypenny’s.

 Frontage          and Area the subject of the application has a frontage of 4.9 metres to Hastings
 access                Street. The ground floor restaurant has direct access to Hastings Street, whilst
                       access to the roof top terrace is via an rear stair accessed through common
                       property.

 Topography        and Site is relatively level. Upper floor has views over Hastings Street.
 views

 Existing vegetation         No vegetation on the area the subject of the application. Existing tree located
                             on the eastern boundary lawfully removed under OPW15/0092.




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 Existing waterways            Area the subject of the application does not adjoin any waterways. Entire lot
                               backs onto to Noosa inlet.


         Subject site




                                                                         Subject site




Figure                    1:                        Subject                        site   and          locality
Source: DA Mapping System




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                                                                              Subject site




Figure         1:                 Satellite                     view   and   site             identification
Source: DA Mapping System




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2.2      Surrounding land uses
The site is located in Hastings Street which is a visitor accommodation and services precinct of the
Noosa Heads area providing a range of accommodation, shops and restaurants. The site is part of
a larger unit development known as Hotel Laguna which includes holiday units a central pool and
recreation area and restaurant (Miss Moneypenny’s) and a vacant shop.

Table 2: Surrounding land uses
 Surrounding land uses

 North      Opposite the site – Multiple dwelling units and shop complex known as Maison Le
            Plage

 South      Subject site adjoins Hotel Laguna Units which backs on to Noosa Inlet

 East       Multiple dwelling and shop

 West       Subject site adjoins restaurant known as Miss Moneypenny’s which adjoins a Multiple
            dwelling and shops known as 2 Hastings Street.




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             town planners + urban designers + development managers                        page 8 of 16

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3.0 Proposed development details
The site is part of the Hotel Laguna complex which was approved in the late 1970’s for Multiple
dwellings, restaurant and shop. This parent parcel has had a number of applications approved over
it, including in 2011 a change to demolish and upgrade the existing restaurant on site now known as
Miss Moneypenny’s.

The area the subject of this application comprises the upper floor level of Lot 30 which is located in
the two storey building on the north eastern corner of the site.

The subject site was approved by Council in 1992 under TPC2409 (shop and additional dwelling
unit) for use as roof top terrace area with two canopys covering part of the area. This roof top area
was referenced in the planning assessment associated with the original development application as
a roof terrace area with access from the restaurant. The application documents do not indicate a use
for this area although staff have been advised it is likely to be used intermittently for restaurant
purposes.

In September 2018, Council approved an application to change the existing approval and convert
the roof top terrace area into a new dwelling unit and convert the downstairs shop into a restaurant.
The applicant is currently engaged with the Body Corporate in finalizing the requirements in relation
to the external upgrade of the building and common property and has been advised that this process
is expected to take several months. Whilst these final negotiations are being undertaken the
applicant and prior to the external construction works commencing the applicant seeks approval to
utilise the existing upper area in its current form . The applicant seeks approval change the existing
modified approval (TPC2409/ 51991.652.02) and:

       Utilise the roof terrace area for additional seating for the downstairs restaurant.
       Maintain the existing tension membrane sail with minor external modifications proposed to
        the balcony.

The area is to be utilised as:

       A waiting area for guests waiting for a table
       An overspill area
       A more informal area for groups.

Following completion of the negotiations with the Body Corporate, the applicant then may proceed
with the upgrade and conversion to a dwelling unit.

The restaurant is currently connected to electricity, water and sewer and will continue to utilise these
connections

No additional parking is provided as part of the proposal as there is no area available on site however
it is noted that Lot 30 has two designated spaces of which one will be assigned to the new dining
area.




              martoo consulting
              town planners + urban designers + development managers                           page 9 of 16

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Table 3: Summary of development aspects
 Material change of use


 Building height                                                        8.0 metres and 2 storeys

 Gross floor area (GFA)                                                 Proposed area of 74.7m2 to be used for
                                                                        restaurant purposes with 30m2 available for
                                                                        dining.

 Site coverage                                                          No change to existing site cover

 Car parking                                                            No additional car parking provided. Lot 30 has
                                                                        two allocated carparking spaces.

 Site access                                                            Access to restaurant       through    downstairs
                                                                        restaurant area.
                                                                        Access to new unit will be via stairs located at
                                                                        rear of unit accessed through common property.

 Proposed servicing arrangements                                        Existing services on site and to the premises
                                                                        utilised.




            martoo consulting
               town planners + urban designers + development managers                                            page 10 of 16

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4.0 Planning assessment
4.1 Minor Change
This application seeks to change TPC2409 (51991.65.02) (Shop and Additional Dwelling unit) to
enable an extension to the existing restaurant approved under 51991.65.02 to temporarily utilise the
upstairs area for dining purposes until the unit is ready for construction. An assessment of the
proposed changes against the provisions of the Planning Act 2016 relating to what defines a minor
change is detailed below. The Planning Act 2016 states that a minor change:

     b) for a development approval, is a change to the approval that —
      (i) would not result in a substantially different development; and

     The proposed works are considered to comply with the provisions relating to a minor change
     and are not considered to be a substantially different development as detailed by the
     Development Assessment Rules which include:

        (a) involves a new use;

              No new use proposed as site approved for units and restaurant.

        (b) results in the application applying to a new parcel of land;

              No new parcel of land to be utilised.

        (c) dramatically changes the built form in terms of scale, bulk and appearance;

              Building form not significantly altered as works will be located in existing structures
              currently on the roof level Building height and building form are consistent with the
              existing development on the site.

        (d) changes the ability of the proposed development to operate as intended;

              The additional dining area will complement the restaurant uses on the site.

        (e) removes a component that is integral to the operation of the development;

              No integral components removed.

        (f) significantly impacts on traffic flow and the transport network, such as increasing traffic
        to the site;

              No additional carparking is able to be provided on site. The additional floor area of
              which the restaurant owners advises that only 30m2 is available for seating will not
              significantly impact on traffic flow.

        (g) introduces new impacts or increase the severity of known impacts;

              Restaurant uses currently exist on the site.

        (h) removes an incentive or offset component that would have balanced a negative impact
        of the development; or



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              No change to proposed uses on site.

        (i) impacts on infrastructure provisions.

              No change to existing infrastructure servicing the site .

       (ii) if a development application for the development, including the change, were made
       when the change application is made would not cause—

              (A) the inclusion of prohibited development in the application;

              Not prohibited development.

              (B) referral to a referral agency, other than to the chief executive, if there were
                      no referral agencies for the development application;

              The proposed additional unit does not trigger referral to a referral agency.

              (C) referral to extra referral agencies, other than to the chief executive;

              The proposed additional unit does not trigger referral to an extra referral agency.

              (D) a referral agency to assess the application against, or have regard to, matters
              prescribed by regulation under section 55(2), other than matters the referral agency
              must have assessed the application against, or have had regard to, when the
              application was made;

              The proposed additional unit does not trigger referral to a referral agency.

              (E) public notification if public notification was not required for the development
              application.

              The proposed development was previously publicly notified.

The proposal is considered to be a minor change to the existing approval.

4.2 Key issues
The Noosa Plan 2006 includes the site in the Noosa Heads locality and provides the site with a
Visitor Mixed Use zoning. Under this zoning, Entertainment and Dining Business Type 1 Food &
Beverages is a consistent use.

4.2.1 Amenity
The proposal involves approval for the use of the upper floor area for dining associated with the
existing ground floor restaurant. The area was previously utilised for dining as indicated in the
photographs below provided by the current owner of the site.




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             town planners + urban designers + development managers                           page 12 of 16

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Figure 2: Historical Photographs of front of Site.                              Source: Owner


The applicant intends to maintain the existing roof membrane and temporarily utilize the upper area
for dining. Visually there will be no change to the existing roof line or building viewed from the existing
units on site.


4.2.2 Carparking
The applicant indicates that Lot 30 has two spaces allocated to it in the complex and one of these
will be assigned to the restaurant.
As detailed previously the planning assessment associated with the original development application
referenced the upper area as a roof terrace area with access from the restaurant. The application
documents do not indicate a use for this area although staff have been advised it is likely to be used
intermittently for restaurant purposes…. Carparking would be required on the basis of 1 space for
the unit and 4 spaces for the shop and intermittent use of the roof terrace area.
From the previous planning assessment it is clear that the upper level was approved for use as part
of a restaurant however no carparking appears to have been calculated for this use area. The
applicant notes that the ground floor is now to be used as a restaurant and that the kitchen and
storage areas will negate the requirement for additional carparking.




               martoo consulting
               town planners + urban designers + development managers                            page 13 of 16

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4.2.3 Setbacks
The original approval details the front of the existing shop and roof terrace as having a curved
setback which appears to have been filled in (since at least 2008) and results in the frontage
extending to Hastings Street. This area appears to have been previously been approved for outdoor
seating associated with the original use.
The Noosa Plan 2006 details the following setbacks for the site:
     2m, average of 4m from the front boundary to Hastings Street for the ground floor and 2nd
     storey;
The existing structures on site the subject of this application do not comply with the setback however
do not negatively impact on the street and are consistent with the existing structures and setbacks
of Mis Moneypenny’ s and 10 Hastings Street. A review of the proposal against Outcome 8 of the
Noosa Heads Locality is provided below:
     O8 Buildings and other structures are appropriately designed and sited to—
     a) provide amenity for users of the premises as well as preserve the visual and acoustic
     amenity of adjoining and nearby properties; - The existing building has been built to the
     Hastings Street boundary and is visually consistent with the surrounding built form. The
     existing setback provides privacy and separation to the subject site from the adjoining dining
     uses.
     b) provide adequate distance from adjoining land uses – The building alignment is consistent
     with the character of the area and provides separation to the adjoining dining areas.
     c) preserve any existing vegetation that will buffer the proposed building; - No vegetation
     d) allow for landscaping to be provided between buildings; - Existing building built to boundary
     and not opportunity for landscaping available.
     e) maintain the visual continuity and pattern of buildings and landscape elements within the
     street; - Existing building alignment consistent with development in the area and adjoining uses
     which extend to the street front.
     f) protect public safety and property within erosion prone areas by ensuring such areas are
     maintained largely free of development; - Not applicable
     g) help protect the natural character and visual amenity of coastal areas and watercourses. –
     Not applicable


4.2.4 Population Density and Gross Floor Area
The Visitor Mixed Use zone details a maximum density of 280 persons per hectare which provides
the entire lot (2695m2) with a density of 75.46 persons. The entire complex has been approved for
25 units including a managers residence.
The proposal will increase gross floor area however due to the existing approved commercial use,
the additional floor area is considered to be appropriate and has been approved under the latest
change for an additional unit.




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5.0 State assessment and other matters
There are no matters in the Planning Regulation or State Planning Policy relevant to this change
application.



6.0      Conclusion
This application seeks approval to change the existing approval over the site and ratify existing
extensions to the building and seeks approval to temporarily utilise the roof top area for dining
purposes. The proposed changes apply to existing uses on the site and are considered to meet the
requirements of a Minor Change as detailed by the Planning Act.

The changes to the building are minor and are consistent with the character of the area and adjoining
development.




             martoo consulting
             town planners + urban designers + development managers                        page 15 of 16

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7.0   Appendices

Appendix A – Proposal plans (attached separately)




        martoo consulting
        town planners + urban designers + development managers         page 16 of 16

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