Planning & Environment Court Appeal 3126/2015 For A Request To Change Conditions Of A Development Approval For A Mixed Use Development At 90 Goodchap Street, Noosaville - 132007.12.6 (07/0012)

PLANNING & ENVIRONMENT COURT APPEAL 3126/2015 FOR A REQUEST TO CHANGE CONDITIONS OF A DEVELOPMENT APPROVAL FOR A MIXED USE DEVELOPMENT AT 90 GOODCHAP STREET, NOOSAVILLE - 132007.12.6 (07/0012)

Document information

Author	Development Planner, Jack Lewis
Planning & Infrastructure Department

Index	ECM / Application / 132007.12.6 & Case / 3126/2015

Attachments	Nil

APPLICATION DETAILS
Applicant	Noosa Professional and Medical Centre Pty Ltd
Proposal	Request to Change Conditions of Approval
Appeal Filed	07 August 2015

PROPERTY DETAILS
Property Address	90 Goodchap Street, Noosaville
RP Description	2 SP155870 & 4 SP196846
Land Area	1.6867 ha
Original Approval Type:	Development Permit for Material Change of Use: Commercial Business Type 1 (Office) Commercial Business Type 2 (Medical) Education Type 3 (Adult) Retail Business Type 1 (Local) Retail Business Type 2 (Shop) Entertainment & Dining Business Type 1 (Food & Beverage)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Community Services
Overlays	Natural Hazards (Acid Sulfate, Bushfire and Flood)
Assessment Type	Change to Existing Approval

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 15 September 2015 regarding Planning & Environment Court Appeal 3126/2015 and agree to defend the appeal.

REPORT
A report on this request for a permissible change seeking to change conditions of an existing mixed use development approval at the ‘Noosaville Medical & Professional Centre’ situated at 90 Goodchap Street, Noosaville was considered by Council at its Ordinary Meeting on 2 July 2015. Council resolved to change conditions 1, 7, 8, 10, 12, 36, 38, 64, 65 & 66 of the existing approval, allowing for the 2,723m2 of adult education currently using the site to remain subject to the multi storey carpark being constructed.
The applicant considers the existing 315 on-site parking spaces is an appropriate provision of car spaces, without the need of having to construct the multi storey carpark. The multi storey carpark would make 395 car parking spaces available on the site (not including the 40 bays in the child care centre).
On the 7 August 2015, the applicant lodged an appeal with the Planning and Environment Court seeking the Court to amend conditions 1, 10, 11, 12 and 36 of the Development Approval. The changes to these conditions relate to this difference in on-site parking provision. The applicant indicates that the cost estimate to build the carpark exceeds $3 million and is an unreasonable imposition on the development.

It is in order for Council to defend the appeal and the recommendation is worded accordingly.

Previous Council Consideration
Ordinary Meeting 2 July 2015, Item 1, Page 8
That Council note the report by the Development Planner to the General Committee Meeting dated 29 June 2015 regarding Application 132007.12.6 for a Change to an Existing Approval, situated at 90 Goodchap Street, Noosaville and:
A.	Change Condition 1, 7, 8, 10, 12, 36, 38, 64, 65 & 66 to read:
1.	Development undertaken in accordance with this approval must generally comply with the approved plans of development.  The approved plans are numbered Site Plan Overall Parking Layout 0427 DA01E, Site Plan Overall Podium Level 0427 DA02E, Site Plan Overall Upper Plan 9427 DA03E, Stage 2 Carpark Plan 0427 DA04E, Stage 2 Podium Plan 0427 DA05E, Stage 2 Upper Floor Plan 0427 DA06E, Roof Plan 0427 DA07D, Existing Approved Elevation & Sections 0427 DA08D, Proposed Elevations & Sections 0427 DA09D, Proposed Carpark Lower Level Plan 0427 DA10E, Proposed Carpark Mid Level Plan 0427 DA11E, Proposed Carpark Upper Level Plan DA12E and Proposed Carpark Elevations & Sections 0427 DA13E prepared by Middap Ditchfield Pty Ltd and dated May 2007 and Working Drawings Carpark Layout 0715 WD01.1 prepared by Middap Ditchfield Pty Ltd and dated April 2008 and Plan of Lots 4, 5 & Emt D (Restricted) in Lot 4 SP 196846 prepared by Jones Flint & Pike and as may be amended by these conditions.
7.	Secure bicycle racks shall be provided on site to accommodate a minimum of 35 bicycles. The proposed bicycle racks shall be identified on the plans submitted for Operational Works approval and shall be located to the reasonable satisfaction of the Council.
8.	End of trip facilities shall be provided within the approved buildings at a minimum rate of 18 lockers and 3 showers.
10.	The proposed development shall not exceed a maximum height of:-
10.1 	for buildings, 2 storeys and 10 metres above natural ground level, with the exception of building B, which may be 3 storeys in height in accordance with the approved plans.
10.2	for the car park structure, 8 metres above natural ground level, with the exception of the rendered block work up stand (ie. lift overrun) adjacent to the driveway ramp which shall not exceed 10.5 metres above natural ground level.
12.	The development is permitted a total maximum use area of 6,054m2 with each individual use permitted the following maximum use areas at any one time:-
12.1	Commercial Business – Type 1 Office – 2420m2
12.2	Commercial Business – Type 2 Medical – 3000m2
12.3	Education – Type 3 Adult – 2,723m2
12.4	Retail Business – Type 1 Local – 100m2
12.5	Retail Business Type 2 Shop or Entertainment and Dining Business Type 1 Food and Beverages – 236m2 (includes 16m2 of outdoor dining).
36.	The development shall provide car parking spaces on the site at a minimum rate of 395 car parking spaces.
38.	Vehicular access to the site shall be primarily from Goodchap Street and car parking shall be generally in accordance with the approved plans.
64.	The required contributions shall be paid to Council and the associated car parking constructed.
65.	Vehicular access arrangements can be varied to allow for an alternative access arrangement for northern vehicle access to the site from Goodchap Street.  The alternative access arrangement shall be generally in accordance with Drawing No. P10C, Job No. 06679 prepared by TOD Noosa dated 29 May 2009. The works shall include but not be limited to:-
The linemarking necessary to provide the right turn lane and associated medians,
The direction linemarking within the existing access,
The widening of the current vehicle crossover, and
Any works associated with the existing Telstra pit to the satisfaction of Telstra. Suitable certification from Telstra shall be submitted to Council prior to the commencement of any works and at the completion of the works.
Further, a schedule of works, specifications and plans detailing this work shall be prepared and submitted to Council for approval as part of an application for Operational Works.
66.	Where vehicular access arrangements are varied in accordance with the alternative access arrangements identified by Condition 65, the applicant shall design and construct an indented bus bay in Goodchap Street to replace the existing kerb side bus stop located in the frontages of No 135-137 Goodchap Street. The works for the bus bay shall include but not be limited to the following:-
Be located generally in accordance with Drawing No. P10C, Job No. 06679 prepared by TOD Noosa dated 29 May 2009,
Be designed and constructed generally in accordance with Translink’s “Regular Stop” as shown on Translink Drawing No. TL-R02 with the following modifications:
The kerb type in the tapers must provide unimpeded access to the two affected residential properties,
The minimum taper on the approach should be approximately20m,
The new taper should be 1 in 7, and
The minimum length of the bus stop itself is 20m.
The pad, seat, bin, signage and tactile indicators as shown on Translink’s “Regular Stop” as shown on Translink Drawing No. TL-R02.
Any modifications to and realignment of the existing residential access driveways,
A 2m wide concrete footpath connecting the bus stop to the existing footpath in Goodchap Street.
In this regard a schedule of works, specifications and plans detailing this work shall be prepared and submitted to Council as part of an application for Operational Works.
B.	Agree to delete condition 15;
C.	Give notice to the property owner to comply with the conditions of the approval and that the unapproved works within the Lake Doonella Reserve must be removed and reinstated back to its original condition to the reasonable satisfaction of Council within 6 months.
Finance & Risk
There will be significant costs for Council involved in defending the appeal and it is premature to advise on the appeal prospects at this stage.

Consultation

External Consultation - Community & Stakeholder

Nil

Internal Consultation

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health	X	DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	15 SEPTEMBER 2015