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planning report - van de mere · MCU19/0031
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)
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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