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planning report - van de mere · MCU19/0031

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            Development Application
                Planning Report


Material Change of Use for a Retail Business Type 2 - Shop
          situated at 13 Noosa Dr, Noosa Heads
                      (Lot 5/RP91777)




                                                   Page 1 of 10
Full text of the other 9 pages

Page 2

Contents
1.0      Summary ......................................................................................................................... 3
  1.1       Development application details ............................................................................................. 3
  1.2       Planning instrument details ..................................................................................................... 3
  1.3       Referral agencies ..................................................................................................................... 3
2.0      Site details ....................................................................................................................... 4
  2.1       Site description ....................................................................................................................... 4
  2.2       Surrounding land uses ............................................................................................................. 5
3.0      Proposed development details ......................................................................................... 5
4.0      Planning assessment ........................................................................................................ 6
  4.1    Compliance with Code requirements ....................................................................................... 6
  4.2    Key issues ............................................................................................................................... 8
    4.2.1 Retail/Residential Use Split .............................................................................................................. 8
    4.2.2 The New Noosa Plan ......................................................................................................................... 9
5.0      State assessment and other matters .............................................................................. 10
  5.1    State interests ....................................................................................................................... 10
    5.1.1 Matters established in the Planning Regulation ............................................................................ 10
    5.1.2 State Planning Policy ...................................................................................................................... 10
6.0      Conclusion .................................................................................................................... 10


Client Name:         Nick Van De Mere
Prepared by:         Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version:             1
Date:                20 March 2019



This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.




                                                                                                                                        Page 2 of 10

Page 3

1.0 Summary

1.1 Development application details
  Proposed development:        Retail Business Type 2 - Shop
  Type of approval sought:     Development Permit for Material Change of Use
  Site address:                13 Noosa Dr, Noosa heads
  Real property description:   5/RP91777
  Site area:                   417m2
  Assessment manager:          Noosa Council
  Owner details:               Javatex Pty Ltd
  Applicant details:           Nick Van De Mere c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
 State planning policy:        Nil
 Regional plan:                SEQ Regional Plan 2009–2031 (version commenced 2 May
 Designation:                  2014), urban footprint designation.
 Planning scheme:              The Noosa Plan
 Zone:                         Visitor Mixed Use
 Level of assessment:          Impact
 Applicable overlays:          Flood Hazard
 Applicable codes:             Noosa Heads Locality Plan
                               Business Uses Code
                               Flood Hazard Overlay
                               Landscaping Code
                               Engineering Works Codes


1.3 Referral agencies

Nil




                                                                                  Page 3 of 10

Page 4

2.0 Site details
2.1 Site description
Table 1: Site description
 Site                                                     Description
 characteristic

 Existing structures    Existing building enclosed = 60m2 area
                        Existing outdoor area under awning = 35m2
                        Total use area = 95m2
 Frontage and           The site includes 14m of direct road frontage to Noosa Dr. A street light,
 access                 freestanding sign and melaleuca tree are located along the frontage. The
                        frontage is heavily used by pedestrian traffic and does not include any kerb &
                        channel, consistent with the rest of the streetscaping works in this area.
 Topography and         The site is relatively flat, with a slight fall from the east to west of the site
 views                  towards Noosa Dr.

 Existing vegetation    1 x 8m high melaleuca along the Noosa Dr frontage
                        2 x 20m high eucalypt species in the south eastern corner
                        1 x 8m high melaleuca along the northern boundary with Ocean Breeze Resort
                        (tree on their property and majority of canopy on subject site).




Figure 1: Aerial view and site identification
Source: Noosa Council Mapping System




                                                                                            Page 4 of 10

Page 5

2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses                          Photos

 North      Ocean Breeze Resort (52 Hastings St), including the food and beverage tenancies of
            Café Le Monde, El Capitano, J1 Sushi, Acai Brothers and Avis Rental Cars.
 South      15 Noosa Dr (286m2), currently vacant (previously the Golden Breed surf shop).
            Recent approval for new shop additions (MCU14/0053.01 – 4 December 2018).




 East       The French Quarter resort (1 Halse Ln), including the restaurant and retail tenancies of
            Locale, Tom Offerman, Felix and other retailers fronting Hastings St.
 West       Across Noosa Dr is the Noosa Heads bus exchange (60m walking via pedestrian
            refuge).




3.0 Proposed development details
The application proposes to change the use of the site from a motor vehicle hire business to a retail
business type 2 (Shop) at 13 Noosa Dr. The site is owned by the Golden Breed Surf Shop business
and is currently being used for the hire of bicycles, scooters and surfboards from the existing building.

The proposal includes only minor changes to the façade of the building, including glass bifolds
around the building façade. The applicant seeks to re-establish the use of the surf shop on this site
(previously next door at 15 Noosa Drive), and then undertake a redevelopment of the entire shop in
the next 2-3 years for a mixed-use development.




                                                                                             Page 5 of 10

Page 6

Table 3: Summary of development aspects
 Material change of use

 Building height                         5.5m to top of existing parapet

 Gross Floor Area (GFA)                  Existing building enclosed = 60m2 area

 Total Use Area (TUA)                    Existing outdoor area under awning = 35m2
                                         Total use area = 95m2
 Site coverage                           20% (86m2)

 Background                              A Car Rental Centre was approved by Council in June 1978
                                         subject to 12 general conditions. At the time of the application, the
                                         applicant indicated that parking had been provided on site for 15
                                         cars.
                                         On the 15 January 2015, Council refused an application for a
                                         Retail Business – Type 2 (Retail Trailer) within 9m2 for a surf hire
                                         business. At the time officer’s recommended approval, but
                                         Council refused the application subject to the following grounds:
                                         1.      The proposal provides inadequate, and poorly accessible on-
                                                 site vehicle parking and manoeuvring areas;
                                         2.      Additional vehicles accessing the site from the proposed
                                                 business are likely to impact on the pedestrian and traffic safety
                                                 of Noosa Drive; and
                                         3.      The proposal is contrary to the overall outcomes of the Noosa
                                                 Plan’s Driveways and Carparking Code.

 Car parking                             The proposal plan demonstrates parking for 5 cars and 4 scooters
                                         (6 equivalent bays) for the 95m2 of retail use area.



4.0 Planning assessment
4.1         Compliance with Code requirements

 Parameter     Requirement                       Proposal                     Compliance   The New Noosa Plan

 Setbacks      Noosa Dr frontage                 3m to awning and 5m to       Y            Noosa Dr frontage
                                                 building facade
                   -    2m, avg of 4m for the                                                   -    2m, avg of 4m for the
                        first two storeys.                                                           first two storeys.
                   -    10m       for    other                                                  -    10m for other storeys
                        storeys
                                                                                           Rear & Sides
               Rear & Sides
                                                                                                -    None specified
                   -    None specified

 Parking       Off street carparking is          6   equivalent, including:   Y            One space per 20m² of gross
               provided at a rate of 1 space     -     1 staff bay (B85),                  floor area (3).
               per 20m2 of use area.             -     4 customer bays
                                                       (B99) and                           One scooter per 100m2 of use
               Parking spaces are located        -     4 motor scooters                    area (1)
               such that— a) open carparking
               spaces are concealed from the     The spaces are located at                 Development       avoids       the
               Noosa Drive frontages.            the rear of the site                      generation of excessive traffic or
                                                                                           amenity impacts Noosa Parade.




                                                                                                               Page 6 of 10

Page 7

               A single ingress or egress point    accessible from a single
               is provided for all carparking.     access point.

Bicycles       1 bicycle bay per 100m2 (1)         2 bays                        Y     1 bicycle bay per 100m2 (2)

Height         Within 10m of Hastings St (6m)      4m                            Y     12m
               Balance are of site (15m)                                         Y

Site Cover     45% (197.65m2)                      20% (86.14m2)                 Y     45%

Plot Ratio     11.7 x 280/ha (464m2)               60m2                          Y     1.12:1 (467m2)

Landscaping    10% = 41.7m2                        >67m2                         Y     Development       adjacent     to
                                                                                       the Noosa Drive incorporates
               Avg. width of 2m to the frontage    Retention of existing trees         landscaping that complements
               and                                                                     the natural species occurring in
                                                   Note – No room within
               3m along boundaries adjoining       frontage for additional on          the     local   area,    protects
               a residential zone.                 street landscaping.                 existing vegetation        within
                                                                                       the road             reserve and
               One advanced canopy tree in         Gravel    driveway   with           incorporates design elements
               the road verge for every 4          linemarking and permeable           that add visual interest to the
               parking spaces.                     paving at the rear of the           streetscape.
                                                   site.
               Semi-pervious        pavement                                           A minimum of 2 street trees are
               surfaces are used, such as                                              provided per lot or every 8
               grass cell paving, to increase                                          metres of frontage, whichever is
               infiltration of rainwater and                                           the greater.
               minimise contaminated runoff,
               including        hydrocarbons,
               entering     the    stormwater
               system and watercourses;

Roof Form      5 degrees and 75% eaves             No changes to the existing    N/A   5 degrees and 75% eaves
                                                   roof form.

Flooding       Car parking and manoeuvring         No changes to the existing    N/A   Minimum floor heights are not
               areas are constructed at a level    building floor areas. The           less than 1% AEP +0.3m.
               that permits the parking area to    redevelopment of the entire
               drain from the site by gravity      site will address these             Where floor levels are raised to
               means.                              requirements.                       accommodate         flooding      or
                                                                                       projected     sea      level    rise
                                                                                       the building design must be
                                                                                       designed to engage with the
                                                                                       footpath by having an external
                                                                                       terrace          within          the
                                                                                       front setback area that is set at an
                                                                                       intermediate level between the
                                                                                       footpath and the main ground
                                                                                       floor that is suitable for outdoor
                                                                                       trading, dining, seating or display
                                                                                       of goods.

Signage        The maximum signface area of        Each sign compliant with      Y     Not in Drafting of New Plan –
               any single sign does not            the    4m2    and  10m2             Possibly Local Law.
               exceed 4m2 on any face;             requirements.
               The    maximum         combined
               signface area of all signs on the
               premises is 10m2

Waste          Waste storage areas, external       Waste storage areas to be     Y     Waste storage areas, external
Storage        storage areas and loading           located at the rear of the          storage areas and loading docks
               docks are visually screened by      building.                           are located within basements or
               landscaping or fencing.                                                 are    visually   screened   by
                                                                                       landscaping or fencing and
                                                                                       situated    to   the   rear  of
                                                                                       the building.

Retail         The number of non-residential       Only shop use.                N     The number of non-residential
/Residential   tenancies developed on a site                                           tenancies developed on a site
Use Split      does not exceed the rate of 1                                           does not exceed the rate of 1 per
               per 20 accommodation units or                                           20 accommodation units or
               dwelling units.                                                         dwelling units.




                                                                                                            Page 7 of 10

Page 8

                No development has a non-
                Residential use component of
                more than 20% of the gross
                floor area on the site;

 Streetscape    Ground floor uses have at least      The open areas of the shop   Y   Development adjacent to a
                50% transparent glazing to           are to incorporate bifold        ‘gateway’   /   ‘key     corner’
                shopfronts to create active          opening doors to the             incorporates architectural and
                street fronts.                       building façade.                 landscape treatments which
                                                                                      emphasise the corner.
                Includes covered pedestrian
                entrances to premises;                                                incorporates indoor/outdoor food
                                                                                      and drink outlets and other
                Incorporates outdoor dining or                                        activities that are likely to foster
                landscaped areas;                                                     casual, social and business
                provides variation and vitality in                                    interaction built to the boundary
                setback alignment;                                                    of the active street frontage; and
                                                                                      includes    the   provision  of
                                                                                      landscaping, shaded seating and
                                                                                      consistent footpath treatment
                                                                                      that conforms to the wider
                                                                                      existing or planned streetscape
                                                                                      theme.

 Hours     of   4 Business Uses operate only         Seeks to operate from 7am    Y   Where the site directly adjoins
 Operation      between the hours of 7am and         to 9pm                           land in a residential zone or the
                9pm with the exception of                                             Rural Residential zone, the use
                Entertainment   and    dining                                         or     activity     does      not
                business, which may operate                                           operate outside the hours
                until 2am;                                                            of 7:00am to 9:00pm seven
                                                                                      days per week.




4.2      Key issues
4.2.1 Retail/Residential Use Split
Although the Specific Outcomes seek for the redevelopment of the site as a mixed use development
- The relevant Overall Outcomes of The Noosa Plan seek for Hastings Street’s character of low-rise
buildings, vibrant pedestrian friendly streetscape, mix of indoor and outdoor activities, diverse dining
opportunities, specialty retail businesses and pedestrian links to Main Beach is maintained. Retail
businesses shall be of interest to visitors and comprise small business outlets with individual
character, which respects the scale and character of the streetscape and surrounding development.
The proposed development seeks to utilise the existing building and establish the Golden Breed surf
brand within the small specialty retail tenancy. The Golden Breed surf brand, which has operated on
the adjoining site for over a decade and is well-known as a boutique surf fashion label that builds on
the iconic heritage surf status of the 1960s and 1970s. The shop is one of several concept stores
which includes Byron Bay, Coolangatta and Flinders.
Several development approvals have been granted on the adjoining site at 15 Noosa Drive for the
Golden Breed surf shop (which have not been associated with a mixed-use residential development
- MCU14/0053 & 08/0890). All the recent approvals have been given under The Noosa Plan
provisions and recognise the reuse of the existing buildings as small-scale retail tenancies providing
goods and services to visitors and residents.
The proposed small surf shop is the same scale as that which was established on the adjoining site
(<100m2 in use area). Furthermore, the change of use from a car rental centre to a shop uses the
existing building footprint and does not change impact on the existing retail hierarchies.
The shop includes a large outdoor retail area which is to be decked and provides for a unique indoor/
outdoor shop front – giving the tenancy a ‘market feel’ like the Hasting’s Street retailers of the 70s
and 80s. The shop is set amongst existing vegetation and respects the character of the streetscape
and surrounding development consistent with the overall outcomes of the plan as demonstrated in
the site photo below.




                                                                                                           Page 8 of 10

Page 9

Figure 2: Site Photo

The proposed change of use improves on the existing approval of the site for a rental car centre with
less vehicular traffic impacts and is more user friendly for pedestrian traffic accessing main beach –
consistent with the Overall Outcomes of the Noosa Heads Locality code.


4.2.2 The New Noosa Plan
The New Noosa Plan requires a code assessable application for a shop if located in the Hastings
Street Mixed Use Precinct and the number of shops developed on a site does not exceed the rate
of 1 per 20 accommodation units. As the shop does not incorporate any residential activities on the
site – the application would therefore still be impact assessable.
The relevant Purpose and Overall Outcomes of the Noosa Heads Locality Code pertaining to retail
uses in the Hastings Street Precinct is outlined below:


h)     Hastings Street retains a diverse mixture of retail and entertainment activities with limited scope for
       increasing retail tenancy numbers. Unique, independently operated destination businesses with loca
       lly made or designed goods particularly add to the appeal of the street.


The corresponding Performance Outcomes and Acceptable Solutions seek for businesses within the
Hastings Street Precinct offer food and drink outlets, small scale retail and entertainment activities
to residents and visitors.
The proposed tenancy is less than 100m2 in area and does not overdevelop the site for a large-scale
retail business. The surf shop provides iconic surf clothing and accessories to residents and visitors
while only providing minor upgrades to the existing building. The proposal also reduces the visual
impact of having 15 cars on the site and the demand impacts on the existing driveway within this
‘gateway’ location as identified on the Hastings Street Precinct Map.




                                                                                                  Page 9 of 10

Page 10

5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

There are no relevant matters applicable to the application.

5.1.2 State Planning Policy

The proposal is generally compliant with the SPP assessment benchmarks.

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use Retail Business Type 2 -
Shop at 13 Noosa Dr, Noosa Heads. The proposal is Impact assessable development under The
Noosa Plan. The assessment finds the development meets the relevant Specific and Overall
Outcomes of the Noosa Plan subject to the following grounds of approval:

   1.      The proposed surf shop is small scale (<100m2) and appropriately located with individual
           character to contribute to the local economy and vibrancy of the Hastings St precinct.
   2.      The Retail Business is associated with the surf tourism trade, which is of interest to
           visitors. The reuse of the existing building respects the scale and character of the
           streetscape and surrounding development and does not impact on the Noosa Shire
           Centres Hierarchy.
   3.      The proposed development is less intensive and improves the existing parking
           arrangements on the site associated with a motor vehicle hire business.
   4.      The proposal provides adequate parking onsite consistent with the Probable Solutions,
           Specific Outcomes and Overall Outcomes of the Noosa Plan’s Driveways and Carparking
           Code.

The Assessment Manager’s favourable consideration of the above development application is
therefore recommended. Please contact me if you require any further information and/or clarification
with respect to the above application.




                                                                                        Page 10 of 10

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