2007-02-07 E&P - 06/1977 - Material Change of Use Prof Office/Medical Centre at 1/1 Eugarie Street, Noosa Heads · 132006.1977

*<.	Eugarie Street (1/1), noosa heads - professional offices and/or Medical centre Assessed under the superseded planning scheme – 06/1977 (TA)
REPORT BY:	Planning Officer – Tracy Arthur
FILE:	2006/1977
APPLICANT:	Palander Corporation Pty Ltd
OWNER:	Palander Corporation Pty Ltd
SITE:	1/1 Eugarie Street, Noosa Heads described as Lot 1 on BUP102871, Parish of Weyba, County of March
EXISTING USE:	Showroom
AREA:	1515m2
STRATEGIC PLAN:

Preferred Dominant Land Use:	Detached Housing
ZONE:	Special Facilities on Plan of Development No.23 for Showrooms and Professional Offices
PROPOSED DEVELOPMENT:	Professional Offices and/or Medical Centre to be assessed under the Superseded Planning Scheme
DEVELOPMENT APPROVAL SOUGHT:
Development Permit	Preliminary Approval

Material Change of Use	X

Building Works

Reconfigure a Lot

Operational Works

Plumbing & Drainage Works

REFERRAL AGENCIES:	Nil
RECEIVED:	11 September 2006
INFO REQUEST	Sent:	16 November 2006	Received:	21 November 2006
NOTIFIED:	28 November to 15 December 2006
SUBMISSIONS:	Nil
FEES PAID:	$7,193.75

INTRODUCTION
Site
The subject site is located at 1/1 Eugarie Street, Noosa Heads described as Lot 1 on BUP 102871, Parish of Weyba, County of March.
The subject site has frontage to David Low Way to the south and Eugarie Street to the east, and adjoins commercial uses on land situated to the west and residential (detached house and units) uses on land situated to the north.
The subject site is rectangular in shape and comprises a gradual slope down from the north to the south.  The subject site is currently occupied by two, two storey buildings which front David Low Way, and a car park area which runs parallel with the site’s northern boundary.   Access to the site is via Eugarie Street.
There is existing landscaped areas over the site.
Currently, there a six tenancies within the buildings on site.  The uses include showrooms, offices (ie. accountant), medical centre (psychiatrist).  The subject tenancy, Tenancy 1 is located on ground level and within the building located nearest to the western boundary.  Tenancy 1 has a use area of approximately 176m2.  The subject tenancy is currently unoccupied.
Proposal
The applicant is seeking approval for Professional Offices and/or Medical Centre within Tenancy 1.  The applicant seeks approval for both uses to allow for flexibility with future tenants.
Attachment 1 is indicative of the proposal.
Background
Council approved the rezoning of the subject site in June 1986 from Residential Single Unit to Special Facilities (Commercial Premises and 3 Multiple Dwelling Units) and then approved a further rezoning in March 2004 to Special Facilities (Showrooms and Professional Offices), in which a Plan of Development applies (TPC 1732).  More recently (February 2001), Council approved a Medical Centre (Psychiatrist) (20395 DA) within an upper floor tenancy.
public notification
The application was publicly notified on 27 November 2006, with submissions closing on 15 December 2006. A Notice of Compliance was received on 20 December 2006, confirming that all the requirements of the Integrated Planning Act had been fulfilled. No submissions were received during the public notification period.
assessment
Strategic Plan
The subject site is located in the Noosa Heads/Noosaville Locality and is designated Detached Housing Preferred Dominant Land Use in the Strategic Plan.
Section 19.1 of the Strategic Plan states the following objective:-
Objective 19.1.1 Provide urban detached housing areas with high levels of amenity consistent with the varied character of the locality’s residential neighbourhood.
The proposed use does not comply with this objective of the Strategic Plan.
Schedule to the Planning Scheme
The subject site is zoned Special Facilities under Plan of Development No.23.  Under the Plan of Development No.23 Showrooms and Professional Offices are permitted uses, with the plans illustrating Showrooms at ground level and Professional Offices above.
The proposal for Professional Offices at ground level is not consistent with the Plan of Development nor is a Medical Centre use and therefore this application requires Impact Assessment.
The proposed development has been assessed with respect to the following planning issues:-
Compatibility with Existing Uses on Site & Adjoining Sites
The proposal to establish Professional Office and/or Medical Centre uses on site is consistent other approved uses which operate from the site.   The proposed uses are unlikely to adversely impact on the residential amenity of adjoining properties.
It is noted that although the Plan of Development required Professional Offices to locate on the upper levels and Showrooms at ground level, the proposal to locate Professional Offices and/or Medical Centre at ground level can be supported, as the design and orientation of the building results in use being directed toward the David Low Way and thus minimising its impact on adjoining residential properties.
Landscaping
The site is landscaped in accordance with earlier approvals over the site.  The existing landscaping is considered to be of acceptable standard and therefore no further landscaping requirements are considered necessary.
Car parking
The existing car park on-site has provision for 24 car parking spaces.  The table below demonstrates how car parking has been calculated for this application having regard to car parking for previous approvals over the site:-
	Total Use Areas (m2)	Car Parking Rate under Planning Scheme in effect at time of application	Car Parking Requirement	Total Car Parking Required for Application
1994 Approval

Showroom
Professional Offices	377m2
308m2	I per 30m2
1 per 20m2	12.56
15.40
27.96 (28)
Payment was made in lieu of 4 spaces.
24 spaces constructed on-site.
2000 Approval

Showroom
Professional Office
Medical Centre	377m2
228m2
2 practitioners	1 per 30m2
1 per 20m2
3 spaces per practitioner	12.56
11.40
4*
(*Council gave discretion for 2 spaces)

27.96* (28)
Note credit given for payment made in lieu of 4 spaces = 24
Current Application

Professional Office/Medical Centre

Showroom 2

Professional Office
Medical Centre	172m2

201m2

228m2
2 practitioners	1 space per 20m2        or 3 spaces per practitioner whichever is greater

1 per 60m2 (Current rate under SSPS)

1 per 20m2
3 spaces per practitioner	8.8 / 9

3.35

11.40
4

27.75 (28)
Note credit given for payment made in lieu of 4 spaces = 24
It is noted that car parking calculations for Showrooms were initially approved based on a rate of 1 space per 30m2 however as the current planning scheme identifies a car parking rate of 1 space per 60m2 for Showrooms, it is reasonable to recalculate current car parking requirements for the site based on this rate.
Having regard to the above table, the current application requires a total of 28 car parking spaces on-site.  However, after taking into consideration an earlier credit for 4 car parking spaces, the existing 24 car parking spaces satisfy the car parking requirements for the site.
In summary, the proposal is consistent with the requirements of the Schedule to the Planning Scheme.
LAND DEVELOPMENT COMMENTS (rar)
Vehicle Access
Vehicle access to the development exists off Eugarie Street via a 6.5m wide driveway that falls from the street at a grade of approximately 12%.  No change to the existing access is proposed.
Accordingly the vehicle access is considered acceptable for the number of vehicles expected to use it.
Carparking
Off Street
Existing off street carparking consists of 24 uncovered spaces Land Use advises that this acceptable for the proposed use.  These spaces comply with AS2890.1-2004 in terms of size with enough room to allow vehicles to reverse out - turn around - and then leave the site in a forward direction.  No changes are proposed to the existing car park.
Park Contributions
A Park Contribution is required in accordance with Council’s Planning Scheme Policy PSP24 Park Requirements for Development Applications, and a condition is recommended.
Roadworks Infrastructure Charge
In accordance with the requirements of Council’s Coastal Major Road Network Infrastructure Charges Plan and Chapter 5 of the Integrated Planning Act 1997, approval of this development application will trigger an Infrastructure Charge Notice to be issued for the estimated amount of $5,336.  An advice condition is recommended.
Pathway Contributions
A Pathway Contribution is required in accordance with Council’s Planning Scheme Policy PSP41 Pathway Trunk Network Contributions, and a condition is recommended.
Headworks Contributions
Water Supply and Sewerage Headworks contributions are payable in accordance with Council’s Planning Scheme Policies PSP28 and PSP30 respectively.
Land Development Conclusion
This application does not raise any major engineering issues and is recommended for approval subject to the following Land Development conditions.
environmental health comments
Although Environmental Health have recommended that the a condition be included requiring the last downstream grated stormwater pit be replaced with a new Gross Pollutant Trap, this is considered to be unreasonable request given that the proposal relates only to a change in use for a tenancy within the existing building on-site, with no further car parking required.
building services comments
Building Services have no objections to the proposal subject to conditions.
conclusion
The proposal can be supported despite its conflict with the Strategic Plan as the proposal is consistent with the requirements of the Schedule to the Planning Scheme, in respect to its compatibility with existing uses on-site and surrounding sites, and complies with landscaping and car parking requirements.
The proposed development does not raise any significant planning, engineering, building or environmental health issues. The application is therefore recommended for approval, subject to conditions.
RECOMMENDATION
With regard to 06/1977 (Palander Corporation Pty Ltd) for a Material Change of Use of Premises for Professional Offices and/or Medical Centre at 1/1 Eugarie Street, Noosa Heads described as Lot 1 on BUP102871, Parish of Weyba, County of March, Council:
A.	Approve the application and grant a Development Permit, subject to the following conditions:-
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development which are titled and numbered Ground Floor Plan 9329-RZ1 and First Floor Plan 9329-RZ2 prepared by Hurst & Harris Architects Pty Ltd and dated January 1994 and as may be amended by these conditions.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Existing trees on the site and within road reserves are to be retained.
Any advertising sign or device is to comply with Council's policies on advertising.
A maximum of 3 medical practitioners shall operate from the premises at any one time.
The proposed use shall not operate outside the hours of 8am and 6pm Monday to Friday and 8am and 12noon Saturdays.
Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.
Any new kitchen and bathroom fittings shall comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.
Any new hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
The Development Permit for a material change of use of premises lapses if the use has not happened by 7 February 2011, unless an application to extend the currency is approved by Council.
Land Development
Park Contributions
A Park contribution of $110 towards the acquisition of additional parkland or the improvement of existing parkland and facilities in the locality shall be paid to the Council prior to commencement of use in accordance with Council’s Planning Scheme Policy PSP24 Park Requirements for Development Applications.  This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.
Pathway Contributions
A pathway contribution of $111 towards external major pathways, in accordance with Planning Scheme Policy PSP41 Pathway Trunk Network Contributions, shall be paid to the Council prior to commencement of use. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.
Headworks Contributions
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP2 and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the rates applicable at the time of payment.  An estimate only of the contribution rates under the current policies is outlined below.  These amounts will adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.
Water Supply	$633
Sewerage	$1,073
TOTAL	$1,706
All headworks contributions must be paid prior to the commencement of use.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%.  Should the headworks contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the contribution or trading bank guarantee will be returned.
Environmental Health
A clinical waste service provided by a licensed clinical waste contractor must be provided for the activities.
Further Permits Required
Prior to the commencement of development, the following Development Permits must be obtained:-
Development Permit for Building Works.
ADVICE FOR INFORMATION PURPOSES ONLY AND ARE NOT CONDITIONS OF APPROVAL.
The applicant is advised that development contributions and infrastructure charges applicable to this development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Professional Offices	308 m2 Use Area	Professional Offices 	308 m2 Use Area
Showroom	337 m2 Use Area	Showroom	201 m2 Use Area

Professional Offices  / Medical	176 m2 Use Area
The applicant is informed that approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $5,336 and is subject to variations in the Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
The applicant is informed that payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
Prior to the commencement of the development, a plumbing assessment may be required from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002 (as applicable).
The plans for the proposed building work have not been assessed for compliance with the requirements of the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the matter that either or both the Disability Discrimination Act 1992 (Commonwealth) and the Anti-Discrimination Act 1991 (Queensland) may impact on the proposed building work.
Noosa Council recommends that the following matters be considered to address equitable access and facilities in the building:
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to premises” and AS 1428.2;
Applicants should be aware that a “Disability Standard on Access to Premises” is being developed and most likely will result in changes to the Building Code of Australia;
Any services and facilities in the building complex must allow independent, dignified and equitable use of the facilities for all people.
No assessment has been carried out in regard to exits, the fire services, fire separation, fire resistance levels, disabled access or facilities. The building certifier will assess these aspects as part of the building application.
The development should be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
All refrigeration plant including motors, should be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
B.	Find that the following are sufficient planning grounds to justify the decision despite the conflict with the 1997 Strategic Plan: -
	1.	The proposed uses are consistent with approved uses operating from the site;
2.	The proposal seeks to utilise an existing building and does not increase gross floor area.
(Index Customer: Dillon Folker Stephens Town Planners  – Application: 06/1977 (PO3))
Directorates/Sections Consulted:
	Business
Corporate Services	x	Community Services	x	Environ & Planning

Building Certific.Group
Financial Services
Art Gallery	x	Building Services

Child Care Centre
Human Resources
Community Dev.
Environmental Services

Commercial Development
Information Services
Creative Noosa	x	Land Development

Economic Strat. & Innov.
Legal Services	x	Environmental Health	x	Land Use

Recreation Facilities
Planning & Support
Library
Plumbing Services

Water & Sewerage
Revenue Services
Public Order & Safety
Strategic Planning

Recreational Services

Respite Centre

Youth Development

Works
Exec. & Secretariat

Design
Cultural Board

Works Administration
Economic Board

Works Operations
Environment Board

Works Planning
Social Board

Tourism Noosa

ATTACHMENT 1

Environment & Planning Committee Reports 02/02/07 - Ordinary Meeting 15/02/07	1