132001.210011.1 - Delegated Report

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	132001.210011.1
	
Author:	Wilhelm Koschade
	
Project Director:	Wilhelm Koschade - Development Planner
	

APPLICATION DETAILS
Application Number:	132001.210011.1  132001.210011
Applicant:	Vynara Pty Ltd
Request Received Date:	03/02/2016
Original Approval Type:	Material Change of Use for Multiple Dwelling (20 Units), Shops, Medical Centre, Service Shops, Professional Offices, Commercial Services, Commercial Premises & Restaurants.
Number of Submissions for Original Application:	1 properly made

PROPERTY DETAILS
Property Address:	245 Gympie Tce NOOSAVILLE  QLD  4566 Colonial Accom 239-245 Gympie Tce NOOSAVILLE  QLD  4566Colonial Commercial 4/239-245 Gympie Tce NOOSAVILLE  QLD  4566
RP Description:	Lot 18 RP 94596
Land Area:	No Land Area details available
Existing Use of Site:	Shop

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Locality:	Noosaville Locality Visitor Mixed Use Zone
Planning Zone:	
Assessment Type:	Change to Approval - Impact

PROPOSAL:

The application seeks approval for an existing approved shop operating as a takeaway style cafe to be converted to a restaurant with outside dining within common property. The application proposes an internal use area of 25m2 with 24m2 designated for outdoor dining. The request to change seeks to amend condition 63 of the original approval permitting tenancy four to operate as a restaurant while amending condition 68 allowing additional outdoor dining areas.

[Note: state the specific IDAS components of the application (eg. a Development Permit for Material Change of Use (Office)).
BACKGROUND:

A Development Permit for a Material Change of Use of Premises (Multiple Dwelling (20 Units), Shops, Medical Centre, Service Shops, Professional Offices, Commercial Services, Commercial Premises & Restaurants) was issued on 05/07/2001. Note: exipiry of appeal periods/decision outcome" \d "expiry of the applicants/submitter appeal period/s OR the issue of a Negotiated Decision Notice OR the outcome of a Planning & Environment Court appealNote: Provide brief discussion of the original approval and any subsequent approvals that have been issued in relation to the development (eg. OPW, other permissible changes.

At the time the original application was publicly notified, 1 properly made submissions and 0 not properly made submissions were received. Note: insert very brief summary of submitter issues.Note: Provide discussion of known background information leading to the lodgement of the current application (if any), and any site history of general interest and context to the application

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to constitute a permissible change on grounds that:
The change would not result in a substantially different development; Note: provide reasons
The change would not require the application to be referred to additional concurrence agencies;
The original application was impact assessable and the proposed changes would not likely cause a person to make a properly made submission; andNote: provide reasons
The change would not cause the approval to involve prohibited development.

On this basis, the applicant has followed lawful process in making a request under s369 of the Act.

ASSESSMENT:

The subject site is included within the Visitor Mixed Use zone under The Noosa Plan. The proposed change to convert the existing shop (café) to a restaurant use is consistent for the mixed use zoning of the site and generally demonstrates compliance with the current provisions of The Noosa Plan. Outdoor dining with external dining is encouraged under The Noosa Plan and the proposal will be a positive contribution to Gympie Terrace. While the proposed use is consistent, car parking rates are the primary concern and are discussed below.

Car Parking
The original approval for the development was issued on 05/07/2001 which included 20 multiple dwellings and commercial premises. The approval triggered 30 carparking spaces for the residential component of the development and an additional 43 spaces for the commercial precinct.

Carparking for the commercial precinct was calculated based on the following rates:
1 space per 20m2 for the first 100m2 of the commercial precinct;
1 space per 15m2 for the remaining 435m2 of the commercial precinct;
1 space per 10m2 for the approved 43m2 of outdoor dining for premises 1 and 3 (being restaurant uses); and
6 spaces for the approved medical premises containing two practitioners.

Based on these rates, the commercial component of the development (excluding medical premises) has an approved carparking rate of 15.3m2 = 1 space. Therefore, the approved shop on the subject site has five associated carparking spaces calculated as the premises area (72m2) divided by a carparking rate of 1 space per 15.3m2 = 4.705 (5 car spaces).

A proposal to expand the existing café to a restaurant use will trigger an increased car parking rate being 1 space per 10m2 of use area (internal and external). Therefore a proposed use area of 49m2 will require a total of 4.9 spaces (5 car spaces).

While the approved shop has 4.705 spaces associated with the premises, the marginal increase in carparking space as a result of the change is use is deemed acceptable.Note: Provide an assessment of the proposal, including an assessment of whether the proposed changes comply with the planning scheme provisions that were in effect at the time the original application was made, with appropriate weight given to the current planning scheme provisions (refer to SPA).  Also, your assessment must look at the degree of change from the first, original approval, not just the difference between the current proposal and the last change that was done.  The assessment must also consider the submissions that were made during the original application
Note: Where conditions are changing, provide a list of all affected conditions showing track changes.  New words are to be shown in bold, and deleted words are to be shown with a strikethrough.  Also list and discuss any changes required to the list of approved plans and documents including any plan amendments

RECOMMENDATION

APPROVE the request to change a development approval, Application No. 132001.210011.1, situated at 245 Gympie Tce NOOSAVILLE  QLD, in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council on the 16th February, 2016, decided to:
Note: delete the items which are not applicable

A.	Change Conditions 63 and 68 to read as follows:

The restaurants are limited to tenancies 1, 2, 3 and 4 and shall not exceed a total use area of 318m2, inclusive of the outdoor dining areas (total of 67m2). No other tenancy shall be utilised as restaurant. Note: insert condition numbers

The three areas of outdoor dining (28sqm, 15sqm & 24sqm) are to be clearly delineated to ensure that no further areas are utilised for such a purpose. In this regard the outdoor dining area for tenancy 1 is to be marked by a form of planters or the like and the outdoor dining for tenancy 3 and 4 is to be marked by brass or similar indicators in survey holes. The total number of tables and chairs permitted in the outdoor dining area for tenancy 3 shall be 7 tables with a maximum of 4 chairs at each table.

B.	Include additional conditions to read as follows:

The proposed restaurant use for tenancy 4 shall have a maximum use area of 49m2     consisting of 25m2 for internal use area and 24m2 for outdoor dining.Note: insert condition numbers

The proposed outdoor dining area for the restaurant use of tenancy 4 is not to obstruct pedestrian passage and access within common property.

[word/footer1.xml]
FM1517s/4-22/06/2013