Council Report MCU20 0103

MCU20/0103 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR SHOP AND SHORT TERM ACCOMMODATION AT 13 NOOSA DRIVE, NOOSA HEADS

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development Department

Index	ECM / Application/ MCU20/0103

Attachments	1.	Infrastructure Agreement (signed by the applicant)

APPLICATION DETAILS
Applicant	Nick Van De Merwe
Proposal	Material Change of Use – Shop and Short-term accommodation
Properly Made Date	1 October 2020
Information Request Date	19 October 2020
Information Response Date	3 December 2020
Decision Due Date	4 March 2021
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	13 Noosa Dr Noosa Heads Qld 4567
RP Description	Lot 5 RP 91777
Land Area	417 m²
Existing Use of Land	Shop

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Visitor Accommodation Zone (Hastings Street Mixed Use Precinct)
Overlays	Flood Hazard overlay Acid Sulfate Soils overlay Bushfire Hazard overlay (Potential impact buffer)
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 9 February 2021 regarding Application No. MCU20/0103 for a Development Permit for Material Change of Use – Shop and Short-term accommodation (1 unit) situated at 13 Noosa Drive, Noosa Heads and:
A.	Approve the application in accordance with the following conditions:
PLANNING
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
CD-D01	C	Ground Floor Plan, prepared by Andrew Bock Architecture	November 2020
CD-D02	C	Upper Floor Plan, prepared by Andrew Bock Architecture	March 2020
CD-D03	C	Roof Garden Plan, prepared by Andrew Bock Architecture	March 2020
CD-D04	C	Roof Plan, prepared by Andrew Bock Architecture	March 2020
CD-E01	C	Elevations (north & west), prepared by Andrew Bock Architecture	November 2020
CD-E02	-	South and East Elevations, prepared by Andrew Bock Architecture	November 2020
CD-F01	B	Sections, prepared by Andrew Bock Architecture	November 2020
CD-F02	C	Sections, prepared by Andrew Bock Architecture	November 2020
		Render of front building facade	-
SD-1	B	Landscape Plan – Ground floor prepared by Project Urban	04/12/2020
SD-2	B	Landscape Design Intent prepared by Project Urban	04/12/2020
SD-3	B	Indicative Planting Palette prepared by Project Urban	04/12/2020
-	-	Arboricultural Report and Tree Protection Methodology / Plan 13 Noosa Drive Noosa Heads prepared by Australian Tree Contractors & Arboricultural Consultants P/L	Undated (Inspection dates 15/10/2020 30/11/2020)
The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works.
Nature and Extent of Approved Use
The approved shop must not operate outside the hours of 6am to 10pm, 7 days a week.
The use area for the shop as defined by Noosa Plan is limited to 150m2 only.
Currency Period
This development approval lapses if the use has not happened by 18 February 2027 unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 12 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Site cover
Site cover of the development must not exceed 45%.  Amended plans are required to be submitted demonstrating compliance prior to the issue of any Development Permit for Operational Works.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Site Access and Driveways
A sealed access driveway must be provided from Noosa Drive to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway generally in accordance with drawing number P04 revision A prepared by 360 Civil Consulting dated September 2020 and include a clear delineation of the disabled access area
Car Parking
A minimum of 1 car parking space and 2 scooter spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must have dimensions, crossfalls and gradients in accordance with Australian Standard AS2890.1:2004 Parking Facilities.
The applicant must comply with the requirements of any infrastructure agreement entered into with the Council with respect to the payment of car parking contributions (and provision of onsite carparks and car parking within the road reserve) in relation to the proposed development.  In addition to Condition 12, in the event that the above does not apply a minimum of 8 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.
Bicycle facilities
A bicycle rack to accommodate a minimum of 2 bicycles must be provided for all users of the site and be accessible at all times.
Building Appearance
Ground floor shopfront glazing along the Noosa Drive frontage must be fully transparent to a minimum of 50% of the street frontage to allow passive surveillance and encourage social interaction, and must be provided at full height (floor to ceiling).
Any security screens on the premises consist of grille or translucent screens and not solid shutters, screens or roller-doors.
All mechanical equipment and other service infrastructure located on the site must be:
located not less than 2 metres from a property boundary
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
No part of the site may be used for outdoor storage of materials unless specified on the Approved Plans or the conditions of this Decision Notice.
The external finish of the building must be finished with a mix of materials as generally shown on the approved plans.
Roof materials must be non-reflective and designed with colours and styles to minimise the visual impact of the development.
The wall on the southern boundary must be finished with a mix of materials, tones and textures so as to minimise the appearance of the wall to the adjoining property.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Retaining wall and stairs
The retaining wall on the front boundary must not exceed the height relative to natural ground as shown on the approved plans.  The retaining wall must be constructed of natural materials such as stones/stone cladding that is consistent with the Noosa Drive streetscape.
The stairs at the front of the site must be constructed from natural look materials such as stone or timber that is consistent with the Noosa Drive streetscape.
Landscaping Works
The development site must be landscaped and generally in accordance with the concept landscaping plans incorporating the amendments as listed below.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan 2020 Planning Scheme Policy 2 Landscaping for the coastal area. The works shown on the approved Landscape plans must include the following amendments:
Replacement of the Kangaroo Paw with a suitable local native species;
Location of the Pandanus to be positioned in a manner that does not intrude into public spaces when mature, to minimise fruit and frond drop in public areas, alternatively a substituted local native species suitable for the location;
Ensure the disability access ramp is free of landscaping items and provides unhindered access;
No incorporation of artificial grass; and
Detail of the front interface of the retaining structures to the path along Noosa Drive, including any location of any above ground services.
All landscape works must be established and maintained in accordance with the 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 when its life expectancy is reached.
Retention of Existing Trees
Trees identified for retention, as shown on the Tree SRZ Layout Plan, Drawing No. P07, Issue A, prepared by 360 Civil Consulting and dated September 2020, must be retained.
All works must be carried out generally in accordance with section Tree Protection Methodology of the Arboricultural Report and Tree Protection Methodology / Plan report listed within this Decision Notice, with the following amendments incorporated into the document:
Inclusion of a plan clearly numbering the trees in accordance with Tree SRZ Layout Plan, Drawing No. P07, Issue A, prepared by 360 Civil Consulting and dated September 2020;
Details of the construction methodologies and tree protection measures to be engaged during the construction of the retaining walls and stairway to the south eastern portion of the lot;
Details of the constructions methodologies to be engaged for the laying of the water detention cells in the tree protection zones;
Details of the construction methodologies to be engaged for the decommissioning of the retaining wall and re-landscaping to the frontage around the Melaleuca; and
Details of the methods to be engaged during the demolition of the existing development.
The report as referenced in Condition 28, must be resubmitted to Council incorporating the above amendments prior to the issue of any Development Permit for Operational Works or Permit for Demolition Works.
External Works
Noosa Drive must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include the upgrade of the existing footpath for site’s frontage to Noosa Drive for the full width between the kerb and the front boundary of the site.  The pathway must be constructed with granite pavers to match existing granite pavers in the general vicinity of the site (Hastings St/Noosa Drive).
This condition is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number P06 prepared by 360 Civil Consulting dated September 2020.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated retaining walls must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures;
works programme identifying key components of the works and their respective durations;
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues;
a post out to the local residents and businesses prior to the pre-start meeting advising of the site contact details and the potential for off-site impacts during the developments construction. The post out must:
include a copy of the architectural approved plans;
include plans that show any impacts on the road network;
be distributed to all businesses and residences in the area bounded by:
adjoining property; and
Halse Lodge (Lot 2 RP865533)
Written confirmation of the post out must be submitted to Council a minimum of 5 days prior to the pre-start meeting.
include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details;
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites, the haulage route, type of vehicle to be utilised during operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense;
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
DEMOLITION
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council’s Building and Plumbing Services prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
Demolition must be undertaken 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 Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site *specify proposed re-use or on-site recycling methods	Off-site *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.
B. 	Enter into an Infrastructure Agreement with the applicant that provides for contributions in lieu of 8 on-site car parking spaces.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant proposes to remove the existing building and construct a new building to include a shop on the lower floor and a 2 bedroom short term accommodation unit on the upper floor.
The shop (Golden Breed) will have a 150m2 gross floor area on the first level, a dwelling unit on the second level (90m2) and on the third level a balcony/outdoor open space BBQ area (32m2) which is associated with the dwelling unit. The existing mature trees on site will be retained.
The applicant proposes 1 large car space and 2 scooter spaces located at the rear of the site.  In lieu of the number of car spaces required on site, the applicant has agreed to enter into an Infrastructure agreement in lieu of 8 on-site car parking spaces.

Figure 1 - Render of Noosa Drive elevation

Figure 2 - Floor plans

Figure 3 - Elevations Plans
site details
Background
In June 1978, Council approved a car rental business on the subject site.  An approval for a shop with a floor area of 95m2 was then issued in 2019.   The shop that operates from this premises is the Golden Breed surf shop which previously operated next door at No. 15 Noosa Drive.
Site Description
The site is within the Hastings Street mixed use precinct, surrounded by tourist retail outlets and accommodation. The site has a 14 metre frontage to Noosa Drive and is relatively flat with a slight fall from the east to the west of the site towards Noosa Drive.  There are existing mature trees on site consisting of a melaleuca on Noosa Drive frontage and a gum tree at the rear of the site.

Figure 4 - Subject site
Surrounding Land Uses
The site is bounded by Ocean Breeze Resort to the north and food and drink tenancies beyond.  Adjoining to the south is the site that the previous Golden Breed was located, which is approved for a shop. To the west across Noosa Drive is the Noosa Heads bus exchange and to the east is the French Quarter resort and restaurant and retail tenancies.
Laguna Bay is approximately 200 metres to the north.
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 Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 applies to the application:
SEQ Development Area
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 application must be assessed against the whole of Noosa Plan to the extent the provisions are relevant to the development. The most relevant codes are as follows:
Noosa Heads Locality Code
Visitor Accommodation Zone Code
Visitor Accommodation Code
Works Code
Locality Provisions
The subject site is located in the Noosa Heads Locality and is zoned Tourist Accommodation. The proposed uses are identified as a consistent use with the zone and are required to follow an impact assessable application process.
Criteria	Planning Scheme	Proposal	Complies
Gross floor area or Plot ratio	467m² 1.12:1	272 m² 0.652:1	
Site cover	45% max	46.6 %	X
Landscaped open space	62.7 m² min	65.25 m²	
Building height storeys metres	3 storeys 12 metres	3 storeys 11.4-11.6 metres from natural ground	
Boundary setbacks Frontage Side (north) Side (south) Rear	2m, average of 4  metres for both storeys None specified None specified None specified	3.3–4.9 m – lower storey; > 4m for upper Stairs & deck within setback 0 metres 0 metres 3.4 to stairs/7.4m to building metres	X
Length of wall	15 metres max	12-24 metres	X
Carparking	1 sp/20m2 for shop and 1 sp for unit, total 9 inc. at least 1 covered space	1 covered (8 under IA)	X
Bicycle/scooter Spaces	2 bicycle spaces 1 scooter spaces	Not proposed 2 scooter spaces	X
Ratio units : shops	20:1	Provides for 1 accommodation unit to 1 shop tenancy	X
Locality Provisions
Development sought in the Tourist Accommodation zone in the Hastings Street Mixed Use precinct is to provide for a range of visitor accommodation activities and non-residential uses accommodated in mixed-use buildings, where such activities are compatible with and ancillary to the predominant functions of the zone as visitor accommodation.
An outcome of the Hastings Street Mixed Use precinct is for development to be consistent with the existing built form and the particular mix of accommodation, dining, retail and other entertainment and services that have created such a vibrant and successful centre dominated by independently operated local businesses.
The proposed development provides for a shop on the lower floor and a unit for short term accommodation on the upper floor. Although the non-residential tenancy is not at a ratio of at least 20 accommodation units to one non-residential tenancy as required by Acceptable Outcome AO6.1 of the Tourist Accommodation Code, it meets the corresponding outcome PO6 in that the accommodation unit is located on the upper floor of the development. A greater yield of accommodation units would be quite difficult to achieve, given the size of the site.
The is site identified on the Hastings Street Precinct Map as a ‘Gateway and Key Corner’ and, ‘Primary Active Street front and ‘Key Pedestrian Area’, under Noosa Plan (Noosa Heads Local Plan Code), as shown in Figure 5 Hastings Street Framework & Character Plan.

Figure 5 – Hastings Street Framework & Character Plan
Development in this location must contribute to the establishment of attractive streetscapes to enhance the character of Noosa Heads and facilitate key pedestrian/cycle link connections. The proposed development is consistent with and is considered to enhance the character of the area through the proposed design and retention of existing mature trees. The building is appropriately setback from the Noosa Drive frontage and incorporates a mix of building materials that provide variation through articulation, texture and detailing. Further, upgrades to the frontage of the site, including a new pathway is also proposed that enhances the existing streetscape.
Site cover
The Noosa Plan allows for a maximum site coverage of 45%. The development proposes 46.6% site cover. It is proposed to condition the development to comply with this provision and require the applicant to provide amended plans accordingly.
Car parking and Infrastructure Agreement
The development requires 9 car spaces and 1 scooter space to accommodate the proposed uses.  The applicant has proposed 1 car space and 2 scooter spaces on site and has agreed to enter into an infrastructure agreement for the balance of 8 spaces.  An Infrastructure Agreement is required as conditions cannot be imposed for monetary contributions for the balance of car spaces required. Refer to Attachment 1.  Relevant conditions have been included pertaining to the provision of onsite car parking and those required under the Infrastructure Agreement.
Wall length
The wall on the southern boundary serves as a fire rated wall for the proposed building and is approximately 24 metres long on the lower level, with a ground floor height of 4.1-5.5 metres.  Further, the wall continues to the upper level at a length of 12-18 metres at 8.2 metres high. The wall is proposed to be of render construction with fibre cement sheeting and timber battens/strips. Refer to Figure 6 – southern wall/façade.

Figure 6 – southern wall/façade
Acceptable outcome AO14.7 of the Tourist Accommodation code requires that ‘Buildings incorporate both vertical and horizontal articulation such that no unbroken elevation is longer than 15 metres without a change in plane of at least 750 millimetres’.
The application was referred to Noel Robinson Architecture to assist in the review of the design, which is shown in the proposal plans. The nature of the length of the wall on the southern boundary was assessed and discussed and it was concluded that:
The site is very small at 417m2 and constrained by existing mature trees on site and other mature tree on the northern boundary.
Noosa Plan allows for buildings to be located on the side and rear boundaries (zero setback).
The shadow cast by that wall on the southern property does not have any material effect on it due to the commercial nature. The front portion of the wall will have minimal impact with regard to shadowing in the forecourt of the adjoining building.
The highest part of the wall is to the rear of the property so the visual impact from the street is minimal.
The wall/s are otherwise well articulated with vertical and horizontal elements incorporating a mix of render, fibre cement sheeting and timber battening to reduce building bulk.
A condition will be included that ensures the building uses a mix of materials and texture to minimise the bulk on the southern boundary.
Existing trees
Significant native trees are located on and about the site. These trees provide suitable forage and nesting habitat for local fauna species and provide a vegetative entrance to the Hasting Street precinct. The Melaleuca tree in the frontage provides visual relief to the frontage whilst the mature gum trees and Tuckeroo’s provide a shady canopy to the rear of the site. The development seeks to retain these trees and their retention has been considered as part of the assessment of the development. Suitable conditions are proposed to ensure the vegetation continues to contribute to the landscape values associated with the precinct.
cONSULTATION
Referral Agencies
Not Applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering Co-ordinator, Development Assessment
Environment Officer, Development Assessment
Design office, Infrastructure Services
Noel Robinson Architecture
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. No properly made submissions were received.
conclusion & REASONS FOR DECISION
The proposed development is consistent with the Tourist Accommodation zone in Noosa Heads.  The development meets the built form provisions in Noosa Plan, in that it is well articulated, using predominately lightweight materials.  Existing mature trees are to be retained and new landscaping and pavements will be introduced that complement the built form.  The shop front provides for an indoor/outdoor interface that interacts with Noosa Drive, fostering social interactions and vibrancy.
The proposed development is therefore recommended for approval.
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	x	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	x	Infrastructure Planning, Design and Delivery
					

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| SOUTH ELEVATION

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