Council Report MCU20 0111

MCU20/0111 – Development Application for extension to Food & Drink outlet & shop at 2 parkyn ct, Tewantin

Document information

Author	Manager Development Assessment, Kerri Coyle
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU20/0111

Attachments	Nil

APPLICATION DETAILS
Applicant	Noosa Marina
Proposal	Material Change of Use – Extension to Food & Drink Outlet &  Shop
Properly Made Date	12 October 2020
Information Request Date	12 November 2020
Information Response Date	18 November 2020
Decision Due Date	21 January 2021

PROPERTY DETAILS
Property Address	2 Parkyn Ct Tewantin Qld 4565
RP Description	Lot 388 MCH 839039
Land Area	13,847.9m²
Existing Use of Land	Marina

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin
Zone	Recreation and Open Space
Overlays	Land Subject to Acid Sulfate Soils Flooding and Inundation Extent Regional Infrastructure Overlay (Water Supply Pipeline)
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the General Committee Meeting dated 18 January 2021 regarding Application No. MCU20/0111 for a Development Permit for Material Change of Use – Extension to Food & Drink Outlet and Shop situated at 2 Parkyn Ct Tewantin and:
A.	Approve the application in accordance with the following conditions:
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.	Rev.	Plan/Document Name	Date
2260-A01	B	Existing and Proposed Site Layouts	3/06/20
2260-A02	B	Floor & Roof Demolition Layouts	3/06/20
2260-A03	B	Proposed Floor & Roof Layouts	3/06/20
2260-A04	B	Elevations	3/06/20
2260-A05	B	Sections A-A & B-B	3/06/20
2260-A01	B	Existing and Proposed Site Layouts	3/06/20
2260-A01	A	Existing and Proposed Site Layouts	29/10/20
2260-A02	A	Demolition Plan & Proposed Roof Plan	29/10/20
2260-A03	A	Sections A-A & Roof Detail	29/10/20
The existing car parking spaces must be maintained on site and made available and accessible at all times.
All landscaping works must be maintained in accordance with an approved design for the life of the development, and in a manner that ensures, healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished its life expectancy is reached.
Currency Period
This development approval lapses if the use has not happened by 21 January 2027, unless an application to extend the currency period is approved by Council.
B.	Find the following matters relevant to the assessment and sufficient reason to approve the application:
1.	The proposal will not result in any increase in scale and intensity of commercial operations on the Noosa River.
2.	The proposal remains consistent with the intent for the site to operate as a marina with ancillary type business uses and food and drink outlets.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval for the following:
Enclosure of 50m2 of an approved outdoor dining area for Tenancy 2A, being an approved Food & Drink Outlet
Conversion of part of the existing Food & Drink Outlet (Tenancy 2A) as a new shop tenancy (59m2)
Extend the existing roof of Tenancy 2A to the edge of the existing jetty deck
Replace the existing canvas roof in front of Tenancy 8A with a flyover roof.
The applicant submits that the “…design replaces an existing shade sail and umbrellas previously used in this area - greatly improving the built form and amenity for users of the facility. Furthermore, the view from the river is also enhanced with a more sympathetic design in keeping with the existing buildings and a more contemporary design. The plans also demonstrate that roof will allow sufficient clearance to the water to prevent interference with docked vessels at mean high water. The proposed external building works replace existing large shade sails and does not increase the footprint of shade structures onsite. The proposal also reduces the overall use area for dining and impacts on carparking.”
The locality and proposal plans are included below.

Figure 1 – Locality Plan

Figure 2 – Existing Tenancy 2A

Figure 3 – Proposed Changes to Tenancy 2A & new Shop Tenancy

Figure 4 – Existing Sale and Proposed Flyover Roof for Tenancy 8A

site details
Background
The site was originally established under a special Development Lease granted by the State Government in 1991.
As such it was not the subject of development consent from Council.  The complex consists of a marina, commercial and professional premises, restaurants and shops.  On 21 March 2003 Council adopted an amendment to its (superseded) Planning Scheme and zoned the site Special Facilities Zone (Marina and associated commercial uses as shown on plan of development).  The Plan of Development (POD) identified the extent of the development, commercial tenancies on the site and designated outdoor dining areas and made shops and restaurants self-assessable uses, with no approval required.
The Special Facilities zoning and POD have been since over taken by the zoning applied to the marina by the Noosa Plan 2006 and Noosa Plan 2020, with the site now zoned Recreation and Open Space under The Noosa Plan 2020.
Tenancies 2A & 8A have both been operating as restaurants for some time, with the area to be enclosed for Tenancy 2A approved for outdoor dining under the POD.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The State Planning Policy has been deemed by the Minister for Local Government and Planning as appropriately reflected in the Planning Scheme and therefore does not warrant a separate assessment.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The subject site is zoned Recreation & Open Space under The Noosa Plan 2020.  The proposed extension to the Food and Drink Outlet and new Shop Tenancy are both identified as consistent with uses and are required to follow a code assessable application process.
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Tewantin Local Plan Code
Recreation & Open Space Zone Code
Business Activities Code
Works Codes

The Tewantin Local Plan Code includes the following provisions which are similarly included in the Waterways Works Code and are most relevant to the proposal.

PO18	Commercial development on or adjacent to the Noosa River:
provides for uses for marine facility purposes only, including water transport and boat hire;
is compatible with the scenic values of the waterway;
provides a high level of amenity, including ensuring low ambient noise levels;
does not increase the overall scale and intensity of commercial operations;
ensures no net increase in the gross floor area of building and structures;
uses materials, natural finishes and colours that blend with the surrounding natural landscape; and
reflects the character and setting of the waterfront locality (such as timber and tin construction with a traditional pitched roof design).
PO19	Commercial development on and adjacent to Noosa River is not increased or expanded beyond existing building footprints and structures within existing lease areas
AO19.2	Development does not increase the overall building footprint, gross floor area or height of buildings or structures associated with commercial jetties.
PO22	Noosa Marina at Parkyn Court:
provides for the continued operation of the marina moorings, marine based businesses and river transport services and ancillary business uses and food and drink outlets;
does not provide residential uses, indoor sport and recreation, nightclub entertainment facility; and
provides required car parking on site.
The proposed development is not fully consistent with the above provisions, as the proposal will result in an increase in gross floor area of 50m2 for Tenancy 2A.  Notwithstanding this, the proposal will not result in an overall increase to the scale and intensity of commercial operations given the area was previously approved and used for outdoor dining.  Enclosure of this space also has the potential to better manage amenity impacts for residents on north eastern side of the river opposite.  The building works are in keeping with the existing built infrastructure in the marina and utilise similar materials and finishes to the existing building.
The proposed conversion of part of the food and drink outlet tenancy for a shop raises no planning issues and is consistent with other uses in the Marina and provides for the continued operation the marina moorings and the intent for the marina to include some ancillary type business uses.
The proposed increase in gross floor area for Tenancy 2A will not result in any increase in parking demands and similarly the conversion from food and drink out to shop attracts the same car parking rates under the Driveways and Parking Code.
The replacement of the canvas roof with a flyover roof for Tenancy 8A raises no issues.
cONSULTATION
Referral Agencies
The application was not required to be referred to any Referral Agencies:
Other Referrals
The application was not forwarded to any other internal Council officers for comment.
Public Notification
The application was not required to be publicly notified being a code assessable application.
conclusion & REASONS FOR DECISION
It is concluded that the proposed development while in part is inconsistent with the scheme provisions for increased gross floor area, the proposal remains consistent with the scheme’s overall intent for no increase in scale and intensity of commercial operations on the Noosa River.
It is therefore recommended that the application be approved with conditions.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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GENERAL COMMITTEE MEETING REPORT	18 JANUARY 2021

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