Council archive · source document
Town Planning Assessment Report · MCU22/0053
ADAPT eRe ee eee le ee le Taney ae er Neto) MATERIAL CHANGE OF USE FOR AN OU NBO Nee F eb lalUl aN TENANCIES 7-12 eae te Ty LOTS 0 AND 7-12 ON BUP7331 tae TRIFECTA PROPERTIES PTY LTD AND aga ED) Code a) Le Pliers
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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 BACKGROUND AND EXISTING APPROVALS 5
2.4 PRE-LODGEMENT MEETING 5
3.0 PROPOSED DEVELOPMENT 6
4.0 STATE PLANNING INTERESTS 8
4.1 STATE PLANNING POLICY (SPP) 8
4.2 REGIONAL PLAN 8
4.3 STATE REFERRAL 8
4.4 STATE DEVELOPMENT ASSESSMENT PROVISIONS (SDAP) 8
4.5 SCHEDULE 10 AND 11 OF THE PLANNING REGULATION 8
5.0 PLANNING ASSESSMENT 9
5.1 PROPOSED USE 9
5.2 TABLE OF ASSESSMENT 9
5.3 CODE ASSESSMENT 10
5.3.1 NOOSA HEADS LOCAL PLAN CODE 10
5.3.2 MAJOR CENTRE ZONE CODE 10
5.3.3 COMMUNITY ACTIVITIES CODE 11
5.3.4 WORKS CODES 11
5.4 OVERLAYS 12
6.0 CONCLUSION 13
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1.0 SUMMARY
1.1 DEVELOPMENT APPLICATION DETAILS
Proposed Development: Educational Establishment
Type of approval sought: Development Permit for Material Change of Use
Site Address: Tenancies 7-12, 28 Sunshine Beach Road, Noosa Heads
Real Property Description: Lots 0 and 7-12 on BUP7331
Site Area: 1,147m2
Assessment Manager: Noosa Council
Owner Details: See attached landowner consent forms
Applicant Details: Trifecta Properties Pty Ltd and Relette Holdings Pty Ltd
1.2 PLANNING INSTRUMENT DETAILS
Planning Scheme: Noosa Plan 2020
Local Plan Area: Noosa Heads
Zone: Major Centre
Precinct: Noosa Junction Hospitality
Level of Assessment: Code
Applicable Overlays: Not applicable
1.3 REFERRAL AGENCIES
State Assessment Referral Not applicable
Agency:
Advice Agency: Not applicable
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2.0 SITE DETAILS
2.1 SITE DESCRIPTION
The proposed development is legally described as Lots 0 and 7-12 on BUP7331 at Tenancies 7-12, 28
Sunshine Beach Road, Noosa Heads. The site has an area of 1,147m2.
Site Characteristic Description
Existing land use: Commercial/retail, office and food and drink outlet
Parking and access: The site has existing access from Sunshine Beach Road, which will
be maintained. Car parking is existing. A car parking credit has
been issued under TPL 52. Refer attached.
Topography: See Figure 2.
Figure 1: Aerial photo of subject site (Nearmap, accessed March 2022)
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Figure 2: Site Contours (Noosa Council, accessed March 2022)
2.2 SURROUNDING LAND USES
Surrounding Land Uses
North The site is bounded by Sunshine Beach Road to the north. Zoning
to the north comprises a mix of Major Centre, and Low and High
Density Residential. Uses to the north comprise a mix of
commercial and food and drink outlet style uses, high density
residential accommodation and dwelling houses.
East Zoning to the east comprises a mix of Major Centre and Low
Density Residential. Uses to the east comprise a mix of commercial
and food and drink outlet style uses. Noosa Transit Centre exists to
the east.
South Zoning to the south comprises a mix of Major Centre and High
Density Residential. Uses to the south comprise a mix of
commercial and food and drink outlet style uses. Noosa Fair
Shopping Centre is located to the south-west.
West Major Centre zoned land exists to the west. Uses to the west
comprise a mix of commercial and food and drink outlet style uses.
Noosa Junction Shopping Centre is located to the west.
2.3 BACKGROUND AND EXISTING APPROVALS
The following is the history of approvals associated with the subject site:
● 51901.4805 – TPC 31 - Four motel units and storeroom.
● 51984.2476.01 - TPL 52 GIA outdoor dining.
● 51984.2476.02 - TPL 52 GIA commercial premises (10 shops).
● PC17/1183 - Tenancy 4 fitout.
2.4 PRE-LODGEMENT MEETING
No pre-lodgement meeting was held for the proposed development.
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3.0 PROPOSED DEVELOPMENT
The application proposes a Material Change of Use to provide an Education Establishment in
accordance with the attached Building Format Plans. The attached documentation highlights the
proposed units which form part of the proposed development, and comprise Lots 7-12 (Level 1 of the
existing building). The existing lease area of Tenancies 7-12 is 368m2.
Tenancies 1-6 are located on the ground floor of the existing building and have been approved for
Shops (refer attached TL52). The existing gross floor area of the Shop uses on the ground level is
397m2. The total GFA for the development is 765m2.
There will not be any alteration or impact to the physical built form. Some minor changes internally to
the upper floor tenancies may be required. The proposal simply seeks a material change of use to
convert Level 1 of the existing building from Shop to Educational Establishment.
The proposed tenancies for the purpose of the proposed use will continue to be serviced through Ray
White Commercial Noosa, who act as a building manager/agent between the tenant and the lot owner
itself.
Details of the proposed tenant
The proposed Educational Establishment will be tenanted by Lexis English College. Lexis English
College is an international institution that delivers quality language education throughout Australia,
Japan and Korea.
The proposal will operate Monday to Friday from 8am - 5pm.
Lexis English College previously operated on 6 Lanyana Way (directly to the east of the subject site)
but ceased operating in response to the Covid-19 crisis. It is proposed to relocate the use to the
subject site. It is important to note also that when Lexis College was operating at Lanyana Way, there
were over 300 students, and no parking was provided on site. The proposal will result in 5 staff and a
maximum of 80 students.
The use of existing facilities will continue as per the existing body corporate arrangements and
Community Management Statement (CMS). The CMS contains a schedule of By-laws relating to noise
and nuisance, vehicle parking, maintenance and security systems, and rubbish disposal. The CMS also
formalises and delineates the Common Property versus Exclusive Use Areas.
The attached Building Format Plan confirms the proposed tenancies to be utilised for the purpose of
the proposed Educational Establishment. The contact person for the Body Corporate has been
established as the Chairperson of the Body Corporate and details of the building manager are
provided to all short-term tenants. Copies of the by-laws are provided to all tenants.
Car parking and access
Site access is available from the existing driveway from Sunshine Beach Road. The existing driveway
will be maintained. Figure 3 overleaf shows the existing car parking layout. One car park is allocated
to each tenancy, and corresponds to the tenancy number. Car parks 1-6 will be available for the
existing Shop uses on the ground floor. Car parks 7-12 will be available for use for the Educational
Establishment. A visitor park is also available on site and is not allocated to any particular tenancy. A
total of 13 car parks are available on site.
In addition to the above, Condition 19 of TPL52 required payment contributions for eight (8) off-site
car parks. Refer to attached approval for further details. Refer to section 5.3.4 of this report for
further details in relation to car parking.
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Infrastructure and Services
The site is currently connected to all essential services. Waste collection will occur via kerbside
collection on the nominated day of collection as per the current arrangements. The lawful point of
discharge will be maintained.
Figure 3: Car parking allocation for subject site
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4.0 STATE PLANNING INTERESTS
The Planning Act 2016 provides the framework and process of planning instruments and processes for
development applications. The following planning instruments have been considered in this application
and are discussed in further detail below in the following sections:
● State Planning Policy (SPP);
● South East Queensland (SEQ) Regional Plan;
● State referral requirements;
● State development assessment provisions (SDAP); and
● Local planning instruments.
4.1 STATE PLANNING POLICY (SPP)
Part E of the State Planning Policy provides a comprehensive review of the state interests, the related
policies and assessment benchmarks under five broad themes. Section 2.1 of the Noosa Plan 2020
confirms it integrates the provisions of the State Planning Policy into the Planning Scheme. No further
assessment is required.
4.2 REGIONAL PLAN
Section 2.2 of the Planning Scheme confirms it appropriately advances the Shaping SEQ (South East
Queensland Regional Plan 2017). No further assessment is required.
4.3 STATE REFERRAL
Referral to State Assessment Referral Agency (SARA) is not required.
4.4 STATE DEVELOPMENT ASSESSMENT PROVISIONS (SDAP)
State Development Assessment Provisions (SDAP) includes a series of benchmarks in which SARA will
assess an application against. In accordance with section 4.3 above, no further assessment is
required.
4.5 SCHEDULE 10 AND 11 OF THE PLANNING REGULATION
A review of Schedule 10 of the Planning Regulation confirms that the proposed development is not
prohibited development.
A review of Schedule 11 of the Planning Regulation provides assessment benchmarks in relation to
koala habitat in the SEQ Region where for development on premises in a koala priority area not
interfering with koala habitat and for development in an identified koala broad-hectare area. The site
is not mapped as containing koala habitat/broad hectare area and the assessment benchmarks are
therefore not applicable to this development.
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5.0 PLANNING ASSESSMENT
Under the Noosa Plan 2020, the site is within the Major Centre zone and the Noosa Junction
Hospitality precinct, and is also subject to the finer gain requirements of the Noosa Heads Local Plan
Code. Refer Figure 4 below.
Figure 4: Zone Map Extract (SCC Mapping, accessed March 2022)
5.1 PROPOSED USE
Under the Noosa Plan 2020, the proposed development is defined as:
Educational establishment means the use of premises for—
(a) training and instruction to impart knowledge and develop skills; or
(b) student accommodation, before or after school care, or vacation care, if the use is ancillary to
the use in paragraph (a).
Comment: The proposal is considered compliant with the above definition.
5.2 TABLE OF ASSESSMENT
Under the relevant table of assessment for the Major Centre Zone, the proposed use is subject to code
assessment if not constituting a primary school or secondary school. The proposed development is
required to be assessed against the following codes:
● Noosa Heads Local Plan Code;
● Major Centre Zone Code;
● Community Activities Codes;
● Works Codes.
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5.3 CODE ASSESSMENT
A review of the relevant planning scheme codes has been undertaken which confirms the proposed
development complies with most Acceptable Outcomes of the relevant codes. Where the proposal
does not comply with the Acceptable Outcomes of the codes, the below provides alternate solutions to
satisfy the corresponding Performance Outcome.
The assessment of the proposed development against the Noosa Plan 2020 has determined that there
is one planning scheme conflict in relation to PO6 of the Driveways and Parking code. This is
addressed in section 5.3.4 of this report.
Refer to the sections below for alternate solutions adopted for the applicable codes to the proposed
development.
5.3.1 NOOSA HEADS LOCAL PLAN CODE
The local plan code considers an Educational Establishment to be a consistent use within the local plan
area. The proposal reinforces Overall Outcome (j) and PO9 of the Noosa Heads Local Plan Code to
provide a wide range of centre activities and employment opportunities. The proposed development
will contribute to achieving a vibrant, high intensity mix of land uses on the site and the surrounding
area.
Generally, the proposed development continues to meet relevant provisions of the Performance
Outcomes and Acceptable Outcomes of the Noosa Heads Local Plan Code because the proposal only
includes minor physical changes to the internal floor plate of the existing building.
5.3.2 MAJOR CENTRE ZONE CODE
The purpose of the Major Centre Zone is to provide for a large variety of uses and activities to service
a part of the Noosa Shire, including, for example, administrative, business, community, cultural,
entertainment, professional, residential or retail uses or activities.
The proposal seeks to convert six (6) of the existing tenancies on Level 1 of the existing building to be
used as an Educational Establishment. The remaining six (6) tenancies on the Ground Level will
remain as Shops. The proposal is considered to be consistent with the purpose of the zone code. The
proposal therefore results in a mix of centre activities and meets the relevant overall outcomes of the
zone code.
A full assessment of the Major Centre Zone Code has been undertaken in the attached Code
Assessment. The proposal is within an existing building and generally complies with the relevant
provisions of the Performance Outcomes and Acceptable Outcomes of the Major Centre Zone Code. In
addition, the relevant Overall Outcomes of the zone code have been addressed below:
Overall Outcome Comment
(e) Major centres contribute to a diversified local The local area is typically characterised by food
economy and provide key employment and drink outlets, shops and commercial
opportunities through a range of higher order activities. The proposal provides a community
commercial and enterprise activities in addition activity which provides employment
to core retail outlets that are founded on the opportunities and much needed educational
needs of Noosa Shire. services in the Shire.
(h) Major centres develop as hubs for medical As outlined in section 3.0 of the report, Lexis
and specialised educational services. College is a global institution that provides
quality language education for foreign residents
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and visitors. The proposed use will assist in
addressing the shortfall in the hospitality, retail
and tourism industries, and is considered to
provide a community benefit that service the
needs of residents and visitors.
(k) Major activity centres are serviced by Noosa Transit Station is located to the east of
efficient and effective transport networks the subject site. A number of bus stops exist
including accessibility by walking and cycling. within close proximity to the site, the closest
being on Sunshine Beach Road. The site is also
serviced by existing active transport options and
linkages.
5.3.3 COMMUNITY ACTIVITIES CODE
A full assessment of the Community Activities Code has been undertaken in the attached Code
Assessment. The proposal is generally compliant with the relevant provisions of the code. The
proposal is located in a zone that is suitable for use, and is appropriately serviced by existing
infrastructure and urban services.
5.3.4 WORKS CODES
The proposal has been assessed against the applicable Works Code and is found to generally comply,
with the exception of the Driveways and Parking Code. The below provides alternate solutions to
satisfy the corresponding Performance Outcome.
Driveway and Parking Code
Table 9.4.1.4 - Minimum parking requirements including end of trip facilities of the Driveways and
Parking Code outlines the minimum required parking for each use. The proposal requires the following
parking:
Required Provided
Car parking
● Where for a college, university or technical 6 car parks are allocated for Tenancies 7-12, 6
institute: car parks are allocated to Tenancies 1-6 and 1
○ 1 space per employee = 5 staff visitor car park is available within the existing
○ 1 space per 10 students of driving age car park.
= 8 student parks
○ Separate set down area for buses. In addition to the above, Condition 19 of TPL52
required payment contributions for eight (8)
off-site car parks.
Motorcycle
● 1 space per 100m2 or part thereof of use None existing.
area = 4
Bicycle
● 1 space per 50m2 up to 500m2 = 7 An existing bike rack is provided adjacent to the
site frontage and within the car park.
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Figure 3 in section 3.0 of this report shows the existing car parking layout, which essentially allocates
one car park per tenancy. The original approval allowed for 11 car parks and 8 parking credits for a
shop. Car parks 1-6 will be available for the existing Shop uses on the ground floor. Car parks 7-12 will
be available for use for the Educational Establishment. One unallocated visitor car park is also
provided. A total of 13 car parking spaces are within the existing car park.
In accordance with the Noosa Plan 2020, the current car parking rates are (noting the total existing
building GFA being 765m2):
● Shop - 1 per 20m2 (with today's rates, a 765m2 building would require 38 car parks. The
ground floor GFA (397m2) for a Shop would result in the requirement of 20 car parks).
● Educational establishment - 1 space per employee (5) + 1 space per 10 students (8) = 13
(based on the information provided from Lexis College).
Currently, 6 car parks are allocated to the proposed educational establishment (368m2), where 13 are
required. The balance of the site for Shops (397m2) requires 20 car parks. As such, a total of 33 car
parks required for the existing Shop tenancies and proposed Educational Establishment. 22 car parks
are provided (comprising 13 parks provided on site and 8 car park credits), therefore resulting in a
deficit of 11 car parks.
We note the following:
● No motorcycle spaces are provided on site. Five motorcycle bays exist on street adjacent to
34 Sunshine Beach Road to the east of the site;
● A bicycle rack is provided along the site frontage and in the car park;
● A setdown area for a bus is required as per Table 9.4.1.4, however the site is within walking
distance to a number of bus stops, and is considered unnecessary in this instance.
The proposal therefore does not comply with AO6.1 of the Driveways and Parking Code, and
justification against the corresponding Performance Outcome PO6 is required.
The upper level of the existing building has been approved for Shops. In line with the current car
parking rates under Noosa Plan 2020, the existing Shops would require 18.4 (18) car parks for 368m2
GFA. Section 3.0 of this report outlines that the proposed development allows for 5 staff and a
maximum of 80 students, therefore requiring 13 car parks. The proposed use will therefore reduce the
on site car parking reliance in accordance with the car parking requirements. Further, Lexis College
was previously operating at 6 Lanyana Way which provided no car parking for over 300 students and
staff. The proposal change in location results in an improvement to this situation.
A number of other options will assist in addressing the shortfall of car parking on the site as follows:
● Noosa Transit Centre is located about 50m to the east of the subject site;
● A number of bus stops exist along Sunshine Beach Road, with the closest stop being located
94m to the north-east of the subject site;
● The site is serviced by existing active transport networks;
● Opportunities exist on the site for the inclusion of new motorcycle spaces without hindering
the manoeuvrability of existing car parks.
AO9 of the code also requires car parking spaces to be provided for people with disabilities. No
changes to the car parking layout are proposed. Minor modifications to the existing upper level will
occur to suit the proposed use. Nonetheless, Car Park #7 could potentially be converted to a PWD
space, with sufficient room to the north-west of this space to be allocated as a shared area as
necessary. This will be a matter for a private certifier to assess as part of a separate change of
classification application.
5.4 OVERLAYS
The site is not constrained by any overlays.
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6.0 CONCLUSION
This Development Assessment Report has been prepared on behalf of Trifecta Properties Pty Ltd and
Relette Holdings Pty Ltd to support a Development Application for Material Change of Use of premises
to establish an Educational Establishment in respect of Tenancies 7-12 and Common Property, 28
Sunshine Beach Road, Noosa Heads (Lots 0 and 7-12 on BUP7331).
The site is included under the Noosa Plan 2020 within the Major Centre Zone, the Noosa Junction
Hospitality Precinct, and the Noosa Heads local plan area. Within the relevant table of assessment, the
proposed development is a consistent and code assessable application as the proposed use does not
constitute a primary or secondary school.
The proposal results in a community benefit to the Shire that can assist in alleviating the apparent
shortfall in the tourism, retail and hospitality industries in response to the Covid-19 crisis.
The proposal is considered consistent with relevant state planning provisions and demonstrates
compliance with the applicable local planning provisions. Any planning scheme non-compliances have
been satisfactorily discussed and justified in the Planning Assessment section of this report.
Approval of the proposed development is warranted subject to relevant and reasonable conditions.
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