Appendix F - Council Report - Change Application 28.2.19 · 51997.2302.01

Noosa Council documents




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               2      PROPOSAL
                An application has now been lodged with Council to cancel a condition of the original
               approval. The applicant requests deletion of Condition 4 of 11893TC which states:-
               “the uncovered dining area on the northern side of the building must not be roofed or covered
               by any form of structure. (Umbrellas not exceeding a dimension of 3.0 metres are
               permitted).”
               The applicant contends that this condition is unnecessarily restrictive and not required by any
               provision of the Planning Scheme. The condition is indicated as not allowing adequate
               weather protection for patrons and the applicant has submitted a sketch that shows the
               proposed covering of the outdoor dining area (refer attachment 1). The covering comprises
               “five umbrellas” which are joined by clear plastic infills to which clear plastic drop sides are
               attached around the perimeter. The clear infills and drop sides are not permanently fixed and
               can be removed whilst the applicant contends that the umbrellas are all fully operational and
               can be moved up and down.
               The applicant submits that the covering does not constitute a building but is a structure, which
               is not fixed and therefore contends that the area does not constitute gross floor area or site
               cover. The applicant further submits that as the outdoor dining area is lawfully approved and
               that carparking was provided in accordance with the Scheme requirements at the time of
               application, the issue of carparking should not be used to prevent deletion of Condition 4.
               The applicant concludes that Condition 4 is considered unreasonable and irrelevant and
               unnecessarily restricts the use of the outdoor dining area by preventing adequate weather
               protection measures to be installed to improve amenity for patrons.
               A copy of the applicant’s submission is included as Attachment 2.
               3      ASSESSMENT
               In assessing this application it is interesting to note the background history relating to the
               outdoor dining area. The original plans considered and approved in 1998, indicated a covered
               dining area in the northwestern section of the site with lightweight roofing material. This
               covered dining area was set back 7 metres from the northern boundary and attracted one
               additional carparking space pursuant to the provisions current at that time. (It is noted that the
               Planning Scheme would now require five carparking spaces to be provided).
               As part of assessment of the proposal it was noted that the redevelopment had a fairly
               substantial building on the site and achieved the full entitlement in terms of gross floor area
               and site coverage. The proposed restaurant was intended to provide only light protection to
               what was primarily to be an outdoor dining area. The area had not been previously assessed
               as site coverage or gross floor area and if it was converted to a more built form it was cited as
               being contrary to the intent of the approval.
               The changes application lodged in September 1998 altered the arrangements and plans
               relating to the restaurant and outdoor dining area. In particular, the previous plans, which
               provided a covered dining area in a light tensile fabric, relocated the restaurant under the
               existing building. The remainder of the area was to remain as outdoor seating of 85m² not
               covered by any structures only umbrellas.




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                                                                                                               Print Date: 10 December 2018, 9:45 AM