Council Report 131999.983057.1

131999.983057.01 - pre-response request to change conditions of p&e court order (3226/2000) for development permit for a material change of use for multiple dwellngs (4 units) at 269 gympie terrace, noosaville

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ 131999.983057.01

Attachments	1.	Proposal plans

APPLICATION DETAILS
Applicant	Noosaville Holdings Pty Ltd TTE
Proposal	Pre-request Response Notice - Change to Existing Approval for Multiple Dwelling Units
Properly Made Date	15 December 2020
Information Request Date	Not applicable
Information Response Date	Not applicable
Decision Due Date	N/A
Number of Submissions	Not applicable
PROPERTY DETAILS
Property Address	Nouvelle Noosa 269 Gympie Terrace Noosaville Qld 4566
RP Description	SP 129587
Land Area	1,072m2
Existing Use of Land	Multiple dwellings (4 Dwelling Units) and restaurant
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation Zone
Precinct	Not applicable
Local Plan Area	Noosaville
Overlays	Flood Hazard Overlay Land Subject to Acid Sulfate Soils 5 metres AHD or below
Assessment Type	Minor Change to Approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 7 September 2021 regarding Application No. 131999.983057.1 for a Pre-request Response Notice to Change a Development Approval for Multiple Dwelling Units situated at 269 Gympie Terrace Noosaville and advise the applicant that Council would support an application for a minor change to the development approval where conditions 31 and 41 are amended generally as follows:
31.	Development undertaken in accordance with this approval must generally comply with the approved plans of development and Figures 1 and 2 and as amended by Condition 41. The approved plans are numbered 9977SK04I, ESK01J, SK02E, and SK03C prepared by Greg Gibbs Architects and dated November 1999. The material to be used for the construction of all balcony rails shall be of transparent or open materials, but not vertical rails and to the satisfaction of the Manager Development Assessment.
41.	The area of outdoor dining must not exceed a total of 15.5m2. The outdoor dining area may be covered by a shade sail of 32.9m2 and setback a minimum of 4.6m from Gympie Terrace and 3m from James Street as shown on the approved plans of development. The shade structure must not exceed 3m in height and must not be fitted with roll down plastic or similar weatherproof walls.

REPORT
PROPOSAL
The applicant seeks to include a new shade sail with an area of 32.9m2 in the common property area to the front of the existing building.
The applicant advises that the shade sails are to provide permanent, all weather protection to the existing ground floor restaurant. The restaurant and outdoor living area is orientated towards the north and is subject to full sun exposure all day.
The applicant requests that Council support amendments to conditions 31 and 41 as follows:
Condition 31
It is proposed to change Condition 31 to include the shade sail as part of the approved plans of development as follows:
From:
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 9977SK04I, ESK01J, SK02E, and SK03C prepared by Greg Gibbs Architects and dated November 1999. The material to be used for the construction of all balcony rails shall be of transparent or open materials, but not vertical rails and to the satisfaction of the Manager - Land Use.
To:
Development undertaken in accordance with this approval must generally comply with the approved plans of development and Figure 1. The approved plans are numbered 9977SK04I, ESK01J, SK02E, and SK03C prepared by Greg Gibbs Architects and dated November 1999. The material to be used for the construction of all balcony rails shall be of transparent or open materials, but not vertical rails and to the satisfaction of the Manager - Land Use.
Condition 41
The applicant advises:
The proposed shade sails are considered necessary to provide weather protection measures for restaurant patrons and are in keeping with the existing streetscape along Gympie Terrace, particularly for mixed use developments. In this regard, the applicant requests that Condition 41 is amended as follows:
From:
The area of outdoor dining is to be clearly delineated to ensure that no further areas are utilised for such a purpose. In this regard the area is to be marked by a form of planters or the like. This area is to remain uncovered and free from any structure with the exception of impervious umbrellas each measuring not more than 9m2 in area which are separated and not joined and not fitted with roll down plastic or similar weatherproof walls.
To:
The area of outdoor dining is to be clearly delineated to ensure that no further areas are utilised for such a purpose. In this regard the area is to be marked by a form of planters or the like. This area is to remain uncovered and free from any structure with the exception of impervious umbrellas each measuring not more than 9m2 in area which are separated and not joined and not fitted with roll down plastic or similar weather proof walls.
The following images detail the Locality and plans of the proposal.

Figure 1 – Locality

Figure 2 – Existing Floor Plan

Figure 3 – Proposed Floor Plan
Figure 4 – Elevations
site details
Background
Application 131999.983057 was made on 29 November 1999 for Material Change of Use - Multiple dwellings (4 units) and Restaurant. At the Ordinary Meeting of 13 July 2002 Council resolved to refuse application 131999.983057 on the following grounds:
The design and layout of the building is not consistent with the objectives of the Strategic Plan in relation to the character and amenity of Noosaville. In particular, the proposal does not comply with the Semi-Detached and Attached Residential designation which promotes buildings:-
that respect the character and scale of other development in the locality.
varying in line and plane and step away from property boundaries, particularly those with road frontage.
that respect the public spaces about the site, particularly to Gympie Terrace and Noosa River Foreshore.
that promote the concept of small separate buildings rather than large single bulky developments.
that have a 1 to 2 storey façade to the Gympie Terrace.
The road frontage setbacks are inadequate and are not in accordance with the requirements of the Schedule to the Planning Scheme for the Shire of Noosa.
The combination of reduced setbacks and proposed design will result in the appearance of building bulk and will have an adverse impact on the streetscape and the residential amenity of the area

The proposed restaurant is likely to cause excessive noise and generate additional traffic to the area which may adversely impact on the amenity of local residents.
The applicant has not given sufficient justification for a reduced third storey setback to James Street. The restaurant building form will impact significantly on the existing character of the immediate locality.
Through the appeal process an amended layout was proposed by the applicant and subsequently supported by Council with the Court Order issued on 9 November 2000.
The shade structure is proposed to be setback approximately 4.6 metres from Gympie Terrace front boundary and 3 metres from the James Street boundary.
The following images detail street view images of the site.

Figure 5 – View of subject site from Gympie Terrace

Figure 6 – View of subject site from James Street
statutory process
The applicant has requested a pre-request response to make a minor change to a development approval under s78 of the Planning Act 2016. Under the Planning Act 2016 as there were submissions to the original development application, the application for a minor change to the development approval must be made to the P&E Court.
The submitters previously raised the following issues to the proposal:
Front and side setbacks and potential for view loss
Impact of noise from the restaurant
Bulk of the development
Earthworks and potential for ponding of water
Planting of shrubbery should not impede views
An application for a minor change to a development approval can only be made in the circumstances where a change would constitute a ‘minor change’. The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the change would not result in substantially different development as the use remains the same as that approved and the scale and bulk of the development remains generally consistent with the current approval. There are no new uses proposed that would create different or additional impacts; the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new mattes prescribed by regulation; and
the proposed changes do not vary the level of assessment;
assessment
The applicable planning instruments that Council must have regard to are:
State Planning Regulatory Provisions;
State Planning Policies; and
Schedule to the Planning Scheme 1990, Strategic Plan 19972020 Noosa Plan.
Accordingly the primary issues which require consideration in the assessment of this application are whether the proposal complies with the scheme’s streetscape, site cover, setback requirements, protection of view lines and maintenance of sufficient landscaping.
In this regard, the following provisions in the Noosa Plan 2020 are relevant to the assessment of the application:
Noosaville Local Plan Code
AO4
Development adjacent to the major road network, particularly Eumundi Noosa Road, Beckmans Road, Eenie Creek Road, Walter Hay Drive, Gympie Terrace, Noosa Parade and Weyba Road incorporates landscaping that complements the natural species occurring in the local area, protects existing vegetation within the road reserve and incorporates design elements that add visual interest to the streetscape.
PO4
The visual amenity and character surrounding the major road network and entrance roads, including Eumundi Noosa Road, Beckmans Road, Eenie Creek Road, Walter Hay Drive, Gympie Terrace, Noosa Parade and Weyba Road is protected and enhanced.
Built Form and Streetscape
AO7.3
Buildings and structures preserve the amenity of adjoining land including sunlight to neighbouring properties.
PO7
Buildings, structures and landscaping are integrated with the natural landscape and reflect the riverside character and setting of the local plan area in terms of form, composition and protection of neighbourhood amenity.
Tourist Accommodation Zone Code
Building Scale and Bulk
PO10
Development:
is of a scale compatible with surrounding development and the particular circumstances of the site; and
does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site.
Setbacks
AO13.1
Except where otherwise specified in a local plan code, buildings and structures meet the following minimum boundary setbacks:
In the Boreen Point, Tewantin and Noosaville Locality:
6 metres from the front boundary for up to two storeys and if a mixed use building this setback area may contain ramps and stairs;
10 metres from the front boundary for the third storey;
From side boundaries:
1.5 metres setback up to 4.5 metres height;
2 metres setback between 4.5 metres - 7.5 metres height; and
2 metres plus 500 millimetres for every 3 metres or part thereof above 7.5 metres height;
6 metres from the rear boundary for up to two storeys; and
8 metres from the rear boundary for the third storey.

PO13
Buildings and other structures are designed and sited to:
provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
be consistent with the predominant character of the surrounding area, maintaining the visual continuity and pattern of buildings and landscape elements within the street; and
protect the natural character and avoid adverse impacts on ecologically important areas such as the beach, Noosa River, national parks and other parklands.

Streetscape
PO14
Development:
incorporates a high standard of architectural and landscaping design and creates attractive and functional buildings, streets and places.
addresses and enhances the streetscape by incorporating articulation and individual design elements that add visual interest to the development;
provides non-discriminatory access where floor levels are raised to meet flood immunity;
enables direct visual connection between the street, footpath and interior of the building where located on Hastings Street, Gympie Terrace or Thomas Street;
makes the most of corner sites by addressing both frontages;
has a form and architectural scale that does not dominate the streetscape or the surrounding properties;
does not detract from the visual amenity of adjoining properties such as the impact on views, access to sunlight or overlooking;
takes the form of small separate buildings, rather than large single bulky development;
sits within a landscaped setting; and
visually screens site utilities or integrates them with the design of the development.

PO15 
Development with frontage to Hastings Street Noosa Heads, Gympie Terrace Noosaville or Duke Street Sunshine Beach, presents a particularly high quality streetscape with design elements and building forms that:
contribute to the creation of an attractive, contemporary coastal built form that defines rather than dominates, the street and public spaces;
provide a pedestrian friendly facade and incorporates activities located at ground level to create a vibrant streetscape with high levels of activity and casual surveillance; and
incorporates dense street planting and a variety of alfresco dining or sitting areas serving as local meeting places
The approval conditions include a requirement that the outdoor dining area be clearly delineated, and for the area to remain free from any structure with the exception of pervious umbrellas not measuring more than 9m2 in area which are separated and not joined and not fitted with roll down plastic or similar weather proof walls (condition 41 of the current approval). It is reasonable to presume that this condition was included to protect the visual amenity of the streetscape. It is clear the original approval did not seek to limit the number of umbrellas however the originally approved plans permitted 15.5m2 of outdoor dining, as such it would be reasonable to expect 2 x 9m2 umbrellas to cover the approved outdoor dining area. The current application seeks to develop a shade sail with a coverage of 32.9m2.
The provision of improved shade relief to the outdoor dining area is generally supported on the basis that this north facing area is exposed to a considerable amount of sun and the amenity of diners would be improved by a continuous shade structure.
The applicant has provided a streetscape analysis demonstrating that other sites on Gympie Terrace include shade devices forward of the building line. It is noted that this analysis identifies the location of these structures within proximity of the site and is generally contained within the area from Edward Street to the eastern boundary of 225 Gympie Terrace to the west. The following images detail the location of these sites and photographs of these sites taken from Gympie Terrace.

Figure 7 – Sites forming part of streetscape analysis

Figure 8 – Streetscape photographs

Figure 9 – Streetscape photographs
The proposed shade structure is to be located with a varying setback between 4.6 to 6 metres from the front boundary to Gympie Terrace and 3 metres to James Street. Whilst the approved outdoor dining area is 15.5m2 it is reasonable for the extent of shade structure be larger than this area to accommodate shade around the perimeter of the area. It is also noted that the 15.5m2 of dining area detailed on the approved plans is comprised of 2 separate areas therefore it would not be possible to cover these areas without exceeding 15.5m2 of coverage. The proposed shade structure will not be inconsistent with outdoor dining areas within proximity of the site which also include varying forms of shade structures located between the building and the front boundary.
A site inspection was undertaken to assess the potential impact on view lines, this inspection included assessment from a first floor balcony at the adjoining property to the west. The following photographs demonstrate that the structure will impact on sight lines along Gympie Terrace and that the view out to the river and towards the river mouth remain unimpeded. In this regard, the proposed reduced front setback raises minimal impact.

Figure 10 – View to northeast to remain unimpeded

Figure 11 – Sightline along southern side of Gympie Terrace to be impeded
It is also noted that the existing development does not exceed the permissible site cover and that the additional 32.9m2 of site cover attributed to the shade sail will not result in site cover being exceeded. Furthermore, the installation of the structure will not result in the loss of existing vegetation.
The applicant’s requested re-wording of condition 31 is generally supported however the request to remove any reference to structures within condition 41 is not supported. It is recommended that condition 41 be re-worded such that it clearly details the approved extent of area and associated setbacks. The requirement that the shade structure not be fitted with roll down plastic or similar weather-proof walls be maintained on the basis that these are unsightly and result in visual clutter.
Accordingly, it is recommended that Council indicate its support to amend conditions 31 and 41 to read generally as follows:
31.	Development undertaken in accordance with this approval must generally comply with the approved plans of development and Figures 1 and 2 and as amended by Condition 41. The approved plans are numbered 9977SK04I, ESK01J, SK02E, and SK03C prepared by Greg Gibbs Architects and dated November 1999. The material to be used for the construction of all balcony rails shall be of transparent or open materials, but not vertical rails and to the satisfaction of the Manager Development Assessment.
41.	The area of outdoor dining must not exceed a total of 15.5m2. The outdoor dining area may be covered by a shade sail of 32.9m2 and setback a minimum of 4.6m from Gympie Terrace and 3m from James Street as shown on the approved plans of development. The shade structure must not exceed 3m in height and must not be fitted with roll down plastic or similar weatherproof walls.

cONSULTATION
Referral Agencies
The application was not required to be referred to any Referral Agencies.
Internal Council Referrals
Not applicable
conclusion & REASONS FOR DECISION
The proposal seeks a Pre-Request Response to change the existing approval for Multiple Dwellings and a Restaurant at 269 Gympie Terrace Noosaville. The applicant’s proposal is generally supported on the basis that the shade structure is reasonable having regard to the extent of sun exposure to the north facing outdoor dining area and that a number of shade devices are located between buildings and the front boundary within close proximity of the site. Furthermore, a site inspection has identified that the proposal will not unreasonably impact on the view lines of the adjoining property.
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
					

[word/footer1.xml]
Page 12 of 14

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 SEPTEMBER 2021

[Attachment: image10.png (image text)]
 

(8) 231 Gympie Terrace, Noosaville


[Attachment: image4.png (image text)]
 

 

NOTES:

APPROXIMATE SIZE OF SAIL.
(ROPE TRACK ATTACHED TO BUILDING) x 6900 x 5000 x $500 x $600mn

[DRAWINGS AN IMPRESSION ONLY AND FINAL DESIGN MAY ALTER SUGHTLY

 

 


[Attachment: image8.png (image text)]
1) 271 Gympie Terrace, Noosaville

 


[Attachment: image9.png (image text)]
 

      

(4) 255 Gympie Terrace, Noosaville 5) 247-251 Gympie Terrace, Noosaville