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Planning report BDH
Development Application
Planning Report
Material Change of Use for Food & Drink, Shops and Office
situated at 41 Sunshine Beach Rd, Noosa Heads
(BUP3943)
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Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................3
1.2 Planning instrument details .......................................................................................................3
1.3 Referral agencies........................................................................................................................3
2.0 Site details ......................................................................................................................... 4
2.1 Site description ..........................................................................................................................4
2.2 Surrounding land uses ................................................................................................................7
2.3 Background ................................................................................................................................7
3.0 Proposed development details .......................................................................................... 8
4.0 Planning assessment .......................................................................................................... 9
4.1 Architectural Statement .............................................................................................................9
4.2 Compliance with Code requirements........................................................................................ 10
4.2.1 Setbacks .......................................................................................................................................... 11
4.2.2 Awnings .......................................................................................................................................... 12
4.2.3 Parking ............................................................................................................................................ 12
4.3 Engineering and Servicing ........................................................................................................ 13
5.0 State assessment and other matters ................................................................................ 13
5.1 State interests .......................................................................................................................... 13
5.1.1 Matters established in the Planning Regulation ............................................................................ 13
5.1.2 State Planning Policy ...................................................................................................................... 13
6.0 Conclusion ...................................................................................................................... 14
Client Name: BDH Group Investments Pty Ltd
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version: 1
Date: 20 November 2020
This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: Food & Drink Outlet, Shop and Office
Type of approval sought: Development Permit for Material Change of Use
Site address: 4 Sunshine Beach Rd, Noosa heads
Real property description: BUP3943
Site area: 554m2
Assessment manager: Noosa Council
Owner details: BDH Group Investments Pty Ltd
Applicant details: BDH Group Investments Pty Ltd c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: Nil
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May
Designation: 2014), urban footprint designation.
Planning scheme: The Noosa Plan (v.1 - 25 September 2020)
Zone: Major Centre Zone
Level of assessment: Code
Applicable overlays: Landslide Hazard Area
Applicable codes: Noosa Heads Local Plan Code
Major Centre Zone Code
Business Activities Code
Works Codes
1.3 Referral agencies
Nil
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2.0 Site details
2.1 Site description
Table 1: Site description
Site Description
characteristic
Existing structures The existing building is two storeys with shops fronting Sunshine Beach Rd,
offices on the second floor and carparking at the rear of the site. The site has
been used as shops and offices for the last 40 years. The site currently includes
10 Built Unit Plan lots (BUP3943), all owned by BDH Group Investments Pty
Ltd.
Topography The site slopes from north to south and includes 25m of frontage to Sunshine
Beach Rd and 30m to Berrima Row.
Frontage and Vehicular access is provided in the north eastern corner of the site adjacent to
access the Council/cinema shared parking facility. A pedestrian footpath is provided
across the frontages of the site with a pram ramp leading across Berrima Row.
Existing vegetation The Berrima Row street frontage includes 4 existing large native trees, while
the Sunshine Beach Rd frontage contains small shrubs and plantings with a
pedestrian crossing and street furniture adjacent to the south western corner
of the site.
Figure 1: Aerial view and site identification
Source: Noosa Council Mapping System
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Figure 2: Site Photo looking north east at the existing building (Source: Google Maps)
The Noosa Plan includes the site within the Noosa Heads Local Plan Area and is zoned Major
Centre. The Noosa Junction Major Centre zone is one of two Major Centre zones in the Shire
(Noosa Civic is the other), and services the subregional trade catchments with complementary, not
competing roles and functions.
Figure 3 - Noosa Junction Precinct map (Source: Noosa Council Maps)
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The relevant Purposes and Overall Outcomes seek for development in Noosa Junction to retain its
traditional main street focus with a strong core of independently operated businesses fronting
Sunshine Beach Road, Lanyana Way and Arcadia Street.
New development and high quality design is encouraged by Council to maximise activity along a
primary street frontage and maintain a human scale and pedestrian focus at street level.
(j) Noosa Junction maintains and enhances the existing traditional main street character by
contributing to the established development form throughout the centre;
(p) Development is well designed reflecting a subtropical; 'Noosa' style with emphasis on
indoor and outdoor connections, variety in façade treatment through articulation and
materials, creation of shade on public spaces and landscaping around sites and on
buildings…
The site is also designated as ‘Key Corner’ as per the Noosa Junction Framework and Character
Plan. Key Corners are defined as sites that make (or have the potential to make) a significant
contribution to the built form character and experience of Noosa Junction. Any new built form should
positively address the corners, be active and inviting (be ‘friendly’), with roof forms, windows and
door openings to reflect the character and orientation.
Figure 4 – Noosa Junction Framework and Character Plan (Source: Noosa Plan)
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2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North Council carparking facility for use by the cinema and surrounding shops.
South Shop tenancies fronting Sunshine Beach Rd (including bicycle shop and small
restaurant).
East Offices at 43 Sunshine Beach Rd, Dual Occupancy at 4 Berrima Row and a dwelling
house at 6 Berrima Row.
West Shop and office tenancies fronting Sunshine Beach Rd (including Steps Employment,
Pizza Capers, Cake Shop, Skateboard shop and boutique clothing shops).
2.3 Background
On 20 June 1980, Council approved a shopping centre development including shops and offices
(TPL21). Six carparking were approved on the site and fifteen car spaces provided as contributions.
On the 28 November 2019, Council provided written advice (WA19/0039) confirming the existing
parking arrangement and the issuing of the building approval.
On 3 September 2020, A Prelodgement meeting was held with Council. A copy of the Prelodgement
meeting minutes attached to this application. The minutes reference the original carparking credit for
the site and encourage the lodgement of a new MCU, rather than rely on the existing approval.
At the time when TPL was issued 6 car parking spaces were approved on site and 15
car parking spaces were provided by way of contribution.
…
Credit for the 15 spaces previously paid for by way of contribution is attached to the
land and as such will be recognised in the assessment of a new Material Change of
Use application.
On 23 September 2020, a design meeting was held with Council’s Coordinator of Planning and Noel
Robinson (Consultant Architect). The plans were then reviewed to address some of the design
issues raised in this meeting.
On 9 November 2020, a further design design meeting was held with Noel Robinson and Council’s
Coordinator of Planning. Both Council and their Consultant Architect were very supportive of the
design changes and encouraged the lodgement of a development application with minimal changes.
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3.0 Proposed development details
This design incorporates two ground floor retail tenancies (55m2 and 70m2) fronting Sunshine Beach
Rd, a first-floor office space (300m2) and 9 onsite carparking spaces with vehicle access off Berrima
Row. The proposal is the result of the following key design considerations:
• 2 storey proposal, with emphasis on friendly pedestrian scale.
• Natural palette of external materials.
• Horizontal bands expressed in concrete which continue around the corner.
• Activated corner café / retail.
• Transparency to Sunshine Beach Road and Berrima Row.
• Takes advantage of the existing verge trees and landscape area to Berrima Row and Council
carpark surrounds.
• Seeks to reduce bulk and scale of the west boundary wall via articulation and high level
glazing.
• Lightweight roofs to reduce bulk.
• Domestic single storey presentation style to north elevation.
• Perimeter privacy planting to north boundary and central planter to office space courtyard.
• High level glazing throughout office space to ensure quality of space.
Table 3: Summary of development aspects
Material change of use
Building height 9.0m to top of roof pitch
Gross Floor Area (GFA) Retail Tenancy 1 = 70m2 area
Food & Drink Tenancy 2 = 55m2
Office Tenancy = 300m2
Car parking 8 x user class 1 employee spaces (2.4m wide)
1 x user class 4 park for people with disabilities (AS/NZS2890.6)
Figure 5: Perspective of proposed building looking northeast from Sunshine Beach Rd
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4.0 Planning assessment
4.1 Architectural Statement
The building comprises a palette of natural materials featuring weathered timber, natural stone and
concrete - consistent with the “Noosa Vernacular”. Screening elements, void space and light weight
roofs contribute to the “contemporary Queenslander” aesthetic and break down the bulk and scale
of the building as well as a full width planting zone to further soften the proposal. These elements
are in keeping with the architectural elements of the Noosa Bus station and the endemic / native
landscape design along the frontages.
The café on the ground floor and the meeting room on the first floor are positioned on the corner to
take full advantage of the corner outlook. The concrete awning is a sweeping, strong horizontal
expression that unifies the building and celebrates the corner, acting like a plinth for the office space
above providing a generous high ceiling to the footpath. A perforation in this awning marks the entry
to the first-floor office as well as a cut-out for an existing tree, unifying the landscaping and building
elements.
A north facing balcony on the first floor also provides an informal break out space and an internal
courtyard garden bed which brings the landscape deep into the office space. The rear face of the
building looks to the existing council carpark, and in response is domestic in scale and character to
match the surrounding context and reads like a single storey building.
The design includes timber floor to ceiling shop front glazing, which adds to the quality of the ground
floor retail spaces. Generous roof overhangs and blade columns provide sun control, while high level
glazing features allow for natural light into the buildings.
The design has undertaken numerous iterations in collaboration with Council’s consultant architect
(Noel Robinson) and provides for a building which enhances the Noosa Junction precinct and meets
the subjective built form requirements of the Noosa Heads Local Plan, Major Centre Zone and
Business Activity Use codes.
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4.2 Compliance with Code requirements
The following table details compliance against the key quantifiable key development requirements,
with further discussion against the relevant Performance Outcomes provided thereafter.
Table 4: Key development parameters assessment
Parameter Requirement Proposal Compli
ance
Height 12m 9.0m Y
Plot Ratio 1.9:1 (1,052m2) 425m2 (0.76:1) Y
Setbacks Sunshine Beach Rd (Primary Active) Sunshine Beach Rd (Primary Active)
- No setback required - Nil Y
Berrima Row (Primary Active Part) Berrima Row (Primary Active Part)
- No setback required - No setback required Y
Berrima Row Berrima Row
- 3m ground floor - Ground Floor - Nil with avg. of 2m PO
- 3m second storey - Second storey – 0.8m
Rear & Sides Rear & Sides
Y
- 0.0m 0.0m
Awnings - setback 1m from kerb - setback 3.4m from kerb Y
- conform with the adjoining awnings - Different materials than adjoining awning PO
- less than 3m height - 3.6m height PO
Landscaping - 10% of site area (55m2) -Ground Floor = 30m2
landscaped area (including
landscaped buffer areas, -Second Storey = 72m2
landscaped building setback
and landscaping) means part
of a site comprising
Total = 102m2 Y
predominantly soft
landscaping and set aside for
the purposes of enhancing or
protecting the amenity of the
site. The term includes the - Avg. 2m setback to Berrima Row (Part) -Berrima Row (Part) avg. 2m setback Y
areas occupied by bicycle
racks, swimming pools or
ponds and garden paths, but - Road reserve landscaping consistent - See Place Design Group material palette Y
does not include impervious
surfaces such as driveways, with streetscape theme and outdoor
vehicle access lanes, vehicle
parking and manoeuvring dining area treatment
areas, waste storage areas,
and the like
- Pathway width min 3.0m - Pathway width 3.0m Y
- 2 street trees per 8m - Retention of existing street trees Y
Waste Enclosed waste storage areas Waste storage enclosed under the building Y
Storage/Manag and not visible from the street. Bins are to be
ement taken to the street for collection.
Streetscape Ground floor uses have at least 50% The ground floor tenancies incorporate floor Y
transparent glazing to shopfronts to to ceiling glazing with covered outdoor dining
create active street fronts. in landscaped areas.
Includes covered pedestrian entrances
to premises;
Incorporates outdoor dining or
landscaped areas;
provides variation and vitality in setback
alignment;
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Parameter Requirement Proposal Compli
ance
Sustainable orientation, permeable, landscaping, Open balconies presenting to the north for Y
Building materials solar orientation, large landscaping planters
Design for passive cooling and permeability,
materials and roof design considered both for
aesthetic and sustainability qualities, solar
able to be installed to large roof areas.
Pedestrian and Development is designed to encourage External pathways to be maintained to ensure Y
cycle walking and cycling wherever possible pram ramps and access across Berrima Row
infrastructure over the use of private vehicles. is maintained. Access from existing
pedestrian crossing along Sunshine Beach
Rd is maintained.
Availability for additional cycle infrastructure
to be provided within the Sunshine Beach Rd
frontage.
Hours of 6am to 10pm and 12am Friday/Saturday 6am to 10pm Y
Operation for Food and Drink Outlets
Parking Food and Drink Outlet Food and Drink Outlet PO
- 1 per 20m2 excluding kitchen ~40m2 (excluding kitchen) = 2 spaces
Office Office
- 1 per 30m2 for second storey 300m2 = 10 spaces
Shop Shop
- 1 space per 20m2 70m2 (3.5 spaces)
Total = 15.5 spaces required
Bicycles 1 bicycle bay per 50m2 (9) 3 bays PO
Motorcycles 1 bay per 100m2 (4) 2 bays PO
Signage The maximum signface area of any Each sign will be compliant with the 4m2 and Y
single sign does not exceed 4m2 on any 10m2 local law requirements.
face;
The maximum combined signface area
of all signs on the premises is 10m2
4.2.1 Setbacks
The proposal does not strictly meet the required 3m setback for part of the building fronting Berrima
Row (outside of the Primary Active Street frontage). The topography steps up along this boundary
edge of the site leading towards the single driveway access.
The relevant Performance Outcomes seek for landscaping to be provided between buildings, as well
as preserving the visual and acoustic amenity of nearby properties. The design includes an average
2m landscaping strip (at grade), with podium plantings along the second storey of the building. This
planting complements the existing large street trees along Berrima Row and provides for a suitable
landscaping buffer between the development and the residential uses across the road.
The design maintains the visual continuity and pattern of the building elements along Sunshine
Beach Rd and engages with the key corner requirements. The design appropriately responds to the
corner treatment and setback consistent with the Performance Outcomes of the Major Centre zone
Code.
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4.2.2 Awnings
The Performance Outcomes seek for street awnings in Major Centres to be designed and located to
provide weather protection, continue the style of awning pattern within the street so as to contribute
to an attractive streetscape, while providing human scale for pedestrians.
Although the proposed awning is greater than 3.0m in height and does not conform with the height
and form of the adjoining awning, the proposed street awning is a key design element of the proposal
and aims to articulate and emphasise the corner, while dealing with the changing levels in Berrima
Row.
The architect provides the following rationale for the proposed awning:
- The awning, specifically at the corner of Sunshine Beach Road and Berrima Row forms a key
design element in addressing the corner as a “Key Corner”;
- The awning is a continuous element of the building and does not step, therefore needs to be
higher to maintain clearance as it turns the corner;
- The awning height at 3.6m is not oversized and demonstrates good pedestrian scale especially
once hanging signage is taken into consideration; and
- The proposed awning is generally in character with recently completed awnings in Noosa
Junction such as 19-21 Sunshine Beach Road (The Pavilion) and 10 Sunshine Beach Road
(Aspire) which are more generous in height than many of the older awnings.
The proposed awning is a key feature to the key corner building. In combinaton with the proposed
streetscape landscaping and furniture, the design will provide for a high degree of enclosure and
contribute to the ‘sense of place’, consistent with the relevant Outcomes of the Noosa Heads Local
Plan.
4.2.3 Parking
Council provided written advice (WA19/0039) confirming the credit of 15 parking spaces for the site
paid byway of contribution in 1980 (to assist build the carparking area adjacent to the site). The
Prelodgement meeting notes confirm the credit will be considered in the assessment of any new
development over the site.
Of the 15.5 spaces required for the proposed development, 9 spaces are provided onsite and 15
spaces have been credited to the existing development. The resultant credit for the site is 8.5 spaces.
The carparking spaces are to be dedicated for staff only and are designed for user class 1.
Considering the carparking credits already paid, public transport facilities in the vicinity, the adjoining
large Council parking lot adjacent the site and the employee parking spaces provided – sufficient
carparking is provided for the likely number of users consistent with Performance Outcome O6 of
the Driveways and Parking code.
2 motorcycle spaces and 3 bicycle parking bays are provided within the basement. Although this
does not meet the minimum 9 bicycle and 4 motorcycle bays required, there is ample provision within
the street frontages for additional bicycle racks to be provided as part of new street furniture, while
Council has been transitioning parking bays within Hastings St and Sunshine Beach Rd for
motorcycle parking. Considering the likely users of the site and parking in the vicinity of the site
(including the bus station) the development provides for sufficient motorcycle and bicycle parking for
the likely number of users and location.
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4.3 Engineering and Servicing
SCG Consulting Engineers provide the following plans addressing the engineering requirements:
- Driveway Access Plan
o driveway long section, min 2.35m clearance
o Stand up kerb and cross over detail
- Vehicle Turning Plan
- Stormwater Management Plan
o Stormwater pit sections
o Grated drain and level details
The plans demonstrate general compliance with the works codes, subject to further Operational
Works detailed assessment.
Although the rear of the site is mapped within the Moderate Landslide Hazard Area Overlay, the
existing topography has been modified to allow for the carparking area. The proposed
redevelopment and new car park area will address the stability of the site (including a geotechnical
comment of the footing design).
5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
There are no relevant matters applicable to the application.
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part (not applicable to this application).
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6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Food & Drink Outlet,
Shop and Office at 41 Sunshine Beach Rd, Noosa Heads. The proposal is Code assessable
development under The Noosa Plan.
The assessment finds the proposal respects the existing development approval and generally meets
the relevant statutory instruments including The Noosa Plan, subject to the following reasons:
• The development is of a high design quality, incorporating low rise contemporary sub-
tropical building and landscape design that emphasises the casual, outdoor lifestyle
reinforcing the Major Activity Centre of Noosa Junction; and
• The proposal is well designed reflecting a subtropical; 'Noosa' style with emphasis on indoor
and outdoor connections, variety in façade treatment through articulation and materials,
creation of shade on public spaces and landscaping around sites and on buildings.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development
(The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of
the assessment benchmarks for the development; and
(b) may decide to approve the application even if the development does not comply with
some of the assessment benchmarks; and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment
benchmarks, decide to refuse the application only if compliance cannot be achieved by
imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development generally complies with the Outcomes of the applicable
codes. The Assessment Manager’s favourable consideration of the above development application
is therefore recommended.
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