Further Report For Material Change Of Use Application For Retail Business Type 2 - Shop & Salon Situated At 15 Noosa Dr, Noosa Heads - MCU14/0053

FURTHER REPORT FOR MATERIAL CHANGE OF USE APPLICATION FOR RETAIL BUSINESS TYPE 2 - SHOP & SALON SITUATED AT 15 NOOSA DR, NOOSA HEADS - MCU14/0053

Document information

Author	Development Planner, Jack Lewis
Planning & Infrastructure Department

Index	ECM / Application / MCU14/0053

Attachments	1.	Locality Plan
2.	Approved 85m2 use area (App No.08/0890)
3.	Original Proposal Plans (185m2 use area)

APPLICATION DETAILS
Applicant	Cammeray Investments Pty Ltd
Proposal	Development Permit for Material Change of Use for a Retail Business Type 2 - Shop & Salon
Properly Made Date	15 July 2014
Information Request Date	21 July 2014
Information Response Date	17 March 2015
Decision Due Date	24 September 2015
Number of Submissions	Nil
PROPERTY DETAILS
Property Address	15 Noosa Drive, Noosa Heads
RP Description	Lot 6 on N21827
Land Area	286m2
Existing Use of Land	Shop
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Visitor Mixed Use
Overlays	Natural Hazards Potential Acid Sulfate Soils Medium Bushfire Hazard Subject to Minimum Floor Heights
Assessment Type	Impact
RECOMMENDATION
That Council note the further report by the Development Planner to the Planning & Organisation Committee Meeting dated 15 September 2015 for Application No. MCU14/0053 for a Development Permit for Material Change of Use for a Retail Business Type 2 – Shop & Salon, situated at 15 Noosa Drive, Noosa Heads and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Issue.	Plan/Document Name	Date
WD01	B	Site Plan drawn by Soul Space Building Design	01/09/2015
WD02	B	Floor Plan drawn by Soul Space Building Design	01/09/2015
WD03	B	Roof Plan drawn by Soul Space Building Design	01/09/2015
WD04	B	Elevations drawn by Soul Space Building Design	01/09/2015
WD05	B	Sections drawn by Soul Space Building Design	01/09/2015
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Appearance
Ground floor shopfront glazing along the Noosa Drive frontage must be fully transparent to a minimum of 50% of the street frontage.
All mechanical equipment and other service infrastructure located on the site must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Goods are only permitted to be displayed from within the shop in accordance with the use areas indicated on the approved plans. No part of the outdoor areas shall be used for storage or sale of goods and/or materials.
Retention of Existing Trees
Existing native trees identified on the approved plans located between the building and the eastern and southern property boundaries must be retained and maintained in good health for the life of the tree.
Trees to be retained must be protected from construction activities by:
clearly marking vegetation to be retained with flagging tape;
installing protective fencing around the drip line of the vegetation;
restricting stockpiling, storage and vehicle parking to those areas which are already cleared; and
using low impact construction techniques around vegetation.
Prior to Commencement of Works
A preliminary Construction Management Plan must be submitted to Council prior to the pre-start meeting and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD).
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart.  The contact number to arrange a pre-start meeting is 5329 6244. The pre-start meeting must include the relevant parties for the demolition, construction and landscaping aspects of the works:
B.	Execute the infrastructure agreement with the applicant for the payment of contributions in lieu of off-street parking for 3 car park spaces totalling $68,187 (subject to indexation); and
C.	Give notice to the property owner that the unapproved works must be removed to the reasonable satisfaction of Council within 6 months.

REPORT
Background
On the 13 October 2008, Council issued a development approval (08/0890) for a Retail Business Type 2 – Shop & Salon with a total gross floor area of 85m2. The applicant subsequently undertook building works without Building or Planning approvals and increased the total use area to 185m2 (see Attachments 1-3).

Following town planning and building compliance action, the applicant subsequently applied to Council for approval to make the existing floor space compliant with the Building Code of Australia (BCA), as well as pay a contribution in-lieu of providing on-site carparking for 6 spaces totalling $135,732 for the increased shop use areas.

A report on this original proposal was discussed at the 26 May 2015 Planning & Organisation Committee meeting and was recommend for refusal for the following reasons:

The proposed development does not meet the Overall and Specific Outcomes of the Driveways and Car Parking code as sufficient car parking is not provided on site to accommodate the number of vehicles likely to be generated by the development.
The proposed development does not meet the Overall and Specific Outcomes of the Noosa Heads Locality Code as the proposals exceeds the 45% site cover requirement for Visitor Mixed Use Zone, having a 65% site cover.
On the 4 June 2015, Council resolved at its Ordinary Meeting to defer consideration of the application in accordance with the applicant’s request to further discuss with Council the proposed removal of certain structures to reduce the site cover and car parking requirements.
Revised Plans
Following an onsite meeting, the applicant submitted revised plans detailing a significant reduction in gross floor area and site cover. The amended plans are included as Figure 1 and include:
Reduction of the total gross floor area by 56.5m2 from 185m2 to 128.5m2;
Reduction of the total building site cover from 65% to 45%;
Removal of translucent roofing along the northern side boundary;
Removal of the front stud wall;
New fire wall along the northern boundary;
Removal of part of the colourbond storage and display area at site’s rear; and
New roof over the rear of the premises;

Figure 1 Amended Plans (dotted outline indicates portions of the building to be removed)

The reduction in the gross floor area results in the development complying with the 45% site cover requirement for the Visitor Mixed Use zone. However, the proposal still does not provide for the required 3 additional on-site carparking spaces associated with the 56.5m2 increase in the shop’s use area (calculated at a rate of 1 space per 20m2). Instead, the applicant proposes to enter into an infrastructure agreement for payment in lieu of 3 off-street parking spaces totalling $68,187 based on the repealed  PSP13 – Contributions in lieu of Provision of Off-street Parking.

This repealed policy allowed for contributions to be used for acquisition, construction and/or modification of land for parking, or the improvement of public transport infrastructure, subject to meeting certain requirements. At its Ordinary Meeting of 26 June 2014 Council resolved to:

“Request Strategic Land Use Planning to prepare a detailed report addressing the feasibility of accepting contributions in lieu of the provision of off-street parking within each locality and, in the interim, not generally accept monetary contributions in lieu of the provision of off-street parking.”

While the resolution indicates monetary contributions in lieu of providing carparking will not generally be applied, each development application must be assessed on its merit.

The applicant has reduced the size of the shop and now seeks to pay a contribution for 3 carparking spaces (6 previously required), with reasons given that the smaller size of the shop and its location near existing public transport infrastructure means the provision of on-site parking is not an essential or practical requirement. The applicant also proposes to retain the existing vegetation including several mature koala habitat trees, instead of providing for on-site parking at the rear from Halse Lane.

The Hastings Street area is generally considered a key location for delivery of future public transport infrastructure. Even though Council does not currently have a policy position for infrastructure spending for parking contributions, it is appropriate to accept a contribution due to the relatively small number of carspaces to be offset. The retention of the existing trees located at the rear of the existing building is also desirable and consistent with the surrounding landscape character of the Noosa Drive / Hastings Street area and the Overall Outcomes sought by the Noosa Heads Locality Code.
conclusion
The application seeks approval to increase the gross floor area at the ‘Golden Breed’ surf shop at 15 Noosa Drive, Noosa Heads by 56.5m2 and enter into an infrastructure agreement to pay a contribution in lieu of the provision of 3 off-street parking spaces.

The applicant has responded to Council’s previous resolution to defer the decision in June 2015 by reducing the size of the shop from the originally proposed 185m2 to 128.5m2, and retaining the existing vegetation located at the rear of the site. The reduction in the gross floor area results in the development complying with the 45% site cover requirement. However, the proposal still requires Council to enter into an infrastructure agreement to pay contributions in lieu of providing 3 onsite carparking spaces on the 286m2 site.

Although Council does not have a policy to accept contributions in lieu of provision of carparking, in this instance it is considered appropriate to enter into an infrastructure agreement due to the relatively small number of bays in which a contribution is sought (3) and the Hastings Street area is generally considered a key location for delivery of future public transport infrastructure.

The application is therefore recommended for approval, subject to conditions.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order	X	Building & Plumbing Services
	Waste & Environmental Health	X	DA Planning
	Community Facilities	X	Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
		X	Environment
	Executive Office	X	Corporate Services
	Community Engagement	X	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

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