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planning report - van de mere v.2 1.10.2020
Development Application
Planning Report
Material Change of Use for Shop and Caretaker’s
Accommodation
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
2.3 Existing Approvals ......................................................................................................................6
3.0 Proposed development details .......................................................................................... 7
4.0 Planning assessment .......................................................................................................... 8
4.1 Compliance with Code requirements..........................................................................................8
4.1.1 The Noosa Plan 2020 ........................................................................................................................ 9
4.1.2 Retail/Residential Use Split ............................................................................................................ 10
4.1.3 Carparking ...................................................................................................................................... 11
4.1.3 Flooding, Drainage and Tree Protection......................................................................................... 11
5.0 State assessment and other matters ................................................................................ 11
5.1 State interests .......................................................................................................................... 11
5.1.1 Matters established in the Planning Regulation ............................................................................ 11
5.1.2 State Planning Policy ...................................................................................................................... 11
6.0 Conclusion ...................................................................................................................... 12
Client Name: Nick Van De Mere
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version: 2
Date: 1 October 2020
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: MCU for Shop and Caretaker’s Accommodation
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 2020
Zone: Tourist Accommodation Zone
Level of assessment: Impact
Applicable overlays: Bushfire Hazard Overlay (Buffer)
Flood Hazard Overlay
Applicable codes: Noosa Heads Local Plan Code
Tourist Accommodation Zone Code
Business Activities Code
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 streetlight,
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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Figure 2: Site Photo
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, cafe and other retailers fronting Hastings St.
West Across Noosa Dr is the Noosa Heads bus exchange (60m walking via pedestrian
refuge).
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2.3 Existing Approvals
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 26 August 2019, Council issued an approval for a 95m2 shop (MCU19/0031). A subsequent
Operational Works approval (OPW19/0223) was issued on the 23 April 2020. A copy of the relevant
site plans is included below with onsite parking for 4 cars and 4 scooters.
Figure 3: Existing approved MCU and Op Works plans
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3.0 Proposed development details
The ‘Golden Breed’ surf shop has been located at the entrance the Hastings Street precinct for over
a decade. The Golden Breed branding ‘started in the 1960s and was all about riding the perfect
wave… stepping aside from the ‘rat race’ and society’s expectations of the time. Golden Breed was
born out of the Californian sunset and a yearning for a more free and easy life’.
The proposed redevelopment is in keeping with the branding and allows for casual open areas under
the existing melaleuca tree for discussions about surfing. The architecture includes references to the
weatherboard ‘surf shacks’, which has been modernised to allow for natural light and ventilation
through the building, while retaining the single storey appearance from the Noosa Drive frontage.
The applicant seeks to redevelop the existing ‘Golden Breed’ surf shop with the following features of
the development:
Ground Floor
- 155m2 shop fronting Noosa Dr.
- Driveway access along the northern boundary for the owner’s VW transporter vehicle to
service the site with deliveries and caretaker’s parking.
- Retention of existing trees on the site and adjoining with Ocean Breeze.
- Landscaping around the perimeter of the site.
First Floor
- 90m2 gross floor area caretaker’s accommodation
- 2 bedroom and 2 bathroom
Second Floor
- 32m2 roof deck for caretaker use only
The building is to be finished in a weatherboard fascia with gable roofs facing Noosa Dr, with
associated footpath works to bring people towards the frontage of the shop.
Table 3: Summary of development aspects
Material change of use
Building height and 1st storey – 6.0m to ridgeline (3.2m to 9m setback, avg 6.1m)
setbacks 2nd storey – 9.5m to ridgeline (11m to 15.5m, avg 13.25m)
3rd storey – 11m to ridgeline (19.5m to 23m, avg 21.25m)
Gross Floor Area (GFA) Shop - 155m2
Dwelling Unit – 87m2
Site coverage Total = 42% (175m2)
Ground Floor (155m2 / 37%)
First Floor (116m2 / 28%)
Second Floor (38m2 / 9%)
Car parking The proposal seeks to provide carparking for the owner’s VW
transporter vehicle. All other required parking is to be paid for by
way of contributions.
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4.0 Planning assessment
4.1 Compliance with Code requirements
Parameter Proposal The Noosa Plan 2020 Compliance
1 storey – 6.0m to ridgeline (3.2m to 9m
st
Setbacks Noosa Dr frontage Y
setback, avg 6.1m)
2nd storey – 9.5m to ridgeline (11m to - 2m, avg of 4m for the first two storeys.
15.5m, avg 13.25m) - 10m for other storeys
3rd storey – 11m to ridgeline (19.5m to 23m, Rear & Sides
avg 21.25m)
- None specified
Parking 1 parking space for a transporter service One space per 20m² of gross floor area (3). PO
vehicle
One scooter per 100m2 of use area (1)
Development avoids the generation of
excessive traffic or amenity impacts to Noosa
Parade.
Bicycles 2 bays 1 bicycle bay per 100m2 (2) Y
Height 10.8m 12m Y
Site Cover 42% (175m2) 45% Y
Plot Ratio 87 + 155 = 242m2 (0.58:1) 1.12:1 (467m2) Y
Landscaping 81m2 (20%) Development adjacent to the Noosa Drive Y
incorporates landscaping that complements the
Retention of existing trees natural species occurring in the local area,
Note – No room within frontage for protects existing vegetation within the road
additional on street landscaping. reserve and incorporates design elements that
add visual interest to the streetscape.
Gravel driveway with linemarking and
permeable paving at the rear of the site. A minimum of 2 street trees are provided per lot
or every 8 metres of frontage, whichever is the
greater.
10%
Roof Form The proposal includes an open sided Development does not include roof top terraces Y
roofed covered use area on the third floor
which is not considered a roof top terrace.
Flooding Proposed shop level 2.2m AHD Minimum floor heights are not less than 1% PS
AEP +0.3m.
Where floor levels are raised to 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 Each sign compliant with the 4m2 and 10m2 Local Law Requirement -
requirements.
Waste Waste storage areas to be located at the Waste storage areas, external storage areas Y
Storage rear of the building. and loading docks are located within
basements or are visually screened by
landscaping or fencing and situated to the rear
of the building.
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Retail Shop and Res use The number of non-residential tenancies PS
/Residential developed on a site does not exceed the rate of
Use Split 1 per 20 accommodation units or dwelling units.
Streetscape The open areas of the shop are to Development adjacent to a ‘gateway’ / ‘key Y
incorporate bifold opening doors to the corner’ incorporates architectural and
building façade. landscape treatments which emphasise the
corner.
incorporates indoor/outdoor food and drink
outlets and other activities that are likely to
foster casual, social and business interaction
built to the boundary 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 Seeks to operate from 7am to 9pm Where the site directly adjoins land in a Y
Operation residential zone or the Rural Residential zone,
the use or activity does not operate outside the
hours of 7:00am to 9:00pm seven days per
week.
4.1.1 The Noosa Plan 2020
The relevant Purpose and Overall Outcomes of the Noosa Heads Locality Code pertaining to retail
uses in the Hastings Street Precinct is outlined below:
• The Noosa Heads local plan area provides a diverse coastal urban area with a strong focus on tourism, and a
unique character and identity framed by a vegetated backdrop to the built environment,
• Development is of a high design quality, incorporating low rise contemporary sub-tropical building and
landscape design that emphasises the casual, outdoor lifestyle.
• A variety of high-end visitor accommodation, retailing and dining uses incorporate indoor/outdoor spaces
creating active frontages from early morning to late evening.
The proposed retail surf shop is less than 200m2 in area (155m2) 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 providing for the owner’s caretaker’s residence above.
The proposal improves the visual impact on this important location identified on the Hastings Street
Precinct Map as a ‘Gateway’, ‘Primary Active Streetfront’, ‘Key Pedestrian Area’ and ‘Key Corner’,
as shown below.
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Figure 4: Hastings Street Precinct Frameworks and Character Plan
The design retains the significant trees on the site and does not intrude upon the sightlines down
Noosa Drive, reinforcing the vegetated backdrop of Noosa Hill. The architecture also incorporates
treatments which emphasise the corner location, including varied roof forms, lightweight timber
materials and variations in recessed facades.
The large building setbacks and retention of vegetation respects the layout, scale (including height
and setback) and character of development on adjoining sites. The open shopfronts also provide for
indoor/outdoor activities likely to foster casual, social, and business interaction for extended periods.
The building openings overlook the street and address the key corner with shaded seating and
consistent paving materials. Further pavement selections are to be selected in accordance with
Council requirements and treatments to match in with the streetscape.
The built form includes detailing and articulation for horizontal emphasis and provides connections
to and between key local destinations. The resulting design by a local award-winning architect is an
appropriate response to the key site at the entrance to the Hastings St precinct and provides for a
small surf retail shop, consistent with the relevant outcomes of The Noosa Plan.
4.1.2 Retail/Residential Use Split
Acceptable Outcome AO6.1 seeks for a ratio of at least 20 accommodation units to 1 commercial
tenancy. Although the proposal provides for a mixed-use development including commercial on the
ground floor and residential above, the residential/commercial ratio sought for the site is not practical
on the 417m2 site.
The corresponding Performance Outcome seeks for above ground floor users are predominantly of
a residential nature to accommodate visitors. The proposed caretaker’s accommodation above the
tenancy is designed to cater for the owner of the business and will be used intermittently as he travels
between surf shop businesses in Byron Bay, Gold Coast and Victoria.
The existing approval was for the site to be used only for retail uses, and while the proposal expands
the shop area to 155m2, the design also introduces a residential use to the site consistent with the
relevant built form and use mix sought for the precinct.
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4.1.3 Carparking
The Noosa Plan 2020 requires 8 parking spaces for the retail shop use, 1 space for the caretaker’s
accommodation and 2 scooter bays are provided on the site. The proposal provides for the owner’s
VW Transporter carparking space on the site, which is also used for deliveries. There are also ample
areas on site to provide for scooter parking at the frontage within the open driveway and open space
area at the front and rear of the site.
Council’s contributions in lieu of the provision of onsite carparking policy allows for an infrastructure
agreement to be entered into to facilitate monetary contribution, rather than provide for parking
onsite. The site is located across the road from the Noosa Heads bus terminal and within the Noosa
Heads – Hastings Street area, where a rate of $24,000 per carparking space is applicable (8 x
$24,000 = $192,000).
Considering the relatively small site, high pedestrian traffic along the frontage and location across
from the bus terminal it is appropriate to enter into an agreement for this site.
4.1.3 Flooding, Drainage and Tree Protection
The existing building is constructed at a level between 1.94m and 2.12m AHD, allowing for a flat
transition between the footpath and the site frontage. The applicant proposes to raise the commercial
floor level to 2.24m AHD, allowing for a smooth transition between the existing footpath (1.9m AHD)
and the open frontage courtyard.
The shopfront level has been provided so as to allow for indoor/outdoor activities likely to foster
casual, social, and business interaction for extended periods, without requiring a step in the transition
between the public and private spaces.
360 Civil Consulting include a stormwater layout design similar to that approved as part of
OPW19/0223. The updated design includes Atlantis cells located at the rear of the site under the
driveway (clear of the root zones of the existing trees). All trees are to be retained in accordance
with the endorsed arborist report provided by Kurt Brown and approved as part of OPW19/0223 to
ensure the trees are retained in good health for the life of the development.
Landscaping of the frontage is to be undertaken as part of a subsequent detailed Operational Works
plan with recommendation for species as per Planning Scheme Policy 2 Landscaping.
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 SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not located within the erosion prone area, as shown on the SPP interactive mapping
system.
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6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for a Shop and Caretaker’s
residence at 13 Noosa Dr, Noosa Heads. The proposal involves a ground floor commercial use and
providing for a caretaker’s accommodation above. The application is Impact assessable
development as the shop does not meet the ratio of 20 residential units to 1 commercial use.
The assessment finds the development meets the relevant Outcomes of the Noosa Plan 2020,
subject to the following grounds of approval:
1. The proposed surf shop is small scale (<155m2) 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 and a unique identity framed by a vegetated backdrop to the built environment,
3. Development is of a high design quality, incorporating low rise contemporary sub-
tropical building and landscape design that emphasises the casual, outdoor lifestyle.
4. Considering the small site area and location it is appropriate to not provide for parking on
the site, consistent with the contributions in lieu of onsite parking policy.
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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