Council Planning Report MCU16/0079.01

MCU16/0079.01 REQUEST TO CHANGE DEVELOPMENT APPROVAL (extensions to rsl club) FOR 5 MEMOrIAL AVENUE, TEWANTIN

Document information

Author	Coordinator Planning, Patrick Murphy
Environment & Sustainable Development

Index	Applications/ECM/MCU16/0079.01

Attachments	Attachment 1: Approved plans
Attachment 2: Proposed plans
Attachment 3: Approved and proposed elevations: Areas of major change

APPLICATION DETAILS
Applicant	Rubicon Design & Construct Pty Ltd
Proposal	Development Permit for Material Change of Use of Premises - Extension to existing RSL Club
Properly Made Date	07 June 2017
Decision Due Date	19 July 2017
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	5 Memorial Ave TEWANTIN  QLD  4565
RP Description	Lot 3 on T 16319 & Lot 10 on SP 273411
Land Area	6116 m² 567 m²
Existing Use of Land	Tewantin Noosa RSL Club

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin and Doonan
Zone	Community Services
Overlays	Natural Hazard: Bushfire & Acid Sulphate Soils
Assessment Type	Change to Approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Ordinary Meeting dated 17 August 2017 regarding Application No. MCU16/0079.01 for a Development Permit for Material Change of Use of Premises for extensions to RSL Club situated at 5 Memorial Avenue, Tewantin, described as Lot 3 on T16319 and Lot 10 on SP 273411 and
Agree to change conditions 2, 9 and 12 as follows:
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
1620/DA/1.02	D	Existing/Demolition Ground Floor Plan	15/05/17
1620/DA/2.01	P	Proposed Basement Plan – Stage 4	28/07/17
1620/DA/2.02	L	Proposed Ground Floor Plan – Stage 4	28/07/17
1620/DA/2.05	K	Proposed Roof Plan – Stage 4	28/07/17
1620/DA/3.01	G	Sections – Stage 4	28/07/17
1620/DA/4.01	K	Elevations – Stage 4	28/07/17
1620/DA/5.01	G	Landscape Concept Strategy – Plan	28/07/17
1620/DA/5.02	E	Landscape Concept Strategy	28/07/17

The landscape planter boxes shown on the proposed ground floor plan Drawing No. 1620/DA/2.02 revision L dated 28/07/17 at the rear podium car park must provide for a minimum soil depth and width of 600mm and incorporate appropriate drainage and plumbed irrigation. The landscape planter boxes must be located immediately adjacent the approved building as shown on the Landscape Concept Strategy – Plan 1620/DA/5.01 Rev G dated 28/07/17.
Prior to the installation of ‘timber look aluminium louvre screens’, ‘timber look aluminium rafters’ and ‘timber look aluminium batten screens’, a sample of the material must be provided to Council demonstrating to Council’s reasonable satisfaction that the material is reflective and in keeping with the heritage character of the area.
Include the following additional condition:
A lift must be provided for patrons to access the RSL from the basement car park.
REPORT
PROPOSAL
The applicant has commenced construction of the extensions to the RSL which were approved by Council in February 2017. The applicant has subsequently lodged an application seeking approval to change the approved plans to primarily move the pallet store from the ground floor to the basement level which has had some consequential amendments to the basement layout, including removal of a lift and to the form and location of the roof situated on the ground level car park. The roof associated with the gaming extension is also altered from a hipped-roof to a pitched roof and reduced in size to minimise construction works to the existing building.
The applicant has provided the following schedule of changes to the plans:
The passenger Lift is deleted from Basement and Ground Floor.
A new Pallet Store is created in the existing basement carpark area.
The original ground floor Pallet Store is removed, but roof structure retained as a ‘carport’ structure to carparking (with roof slightly lower than original approval).
The original Pallet Store service hoist is deleted.
The ground floor carparking layout is amended to include 3 additional car parks as replacement of 3 basement carparks lost to the new basement Pallet Store.
The delivery gate is set back, and a new fence added around the service yard and generator.
Planter boxes in front of the pallet store are removed to enable carparking access under ‘carport’ roof.
The generator location is amended to fit with the new carparking layout.
The bin store area is moved into the new service yard
The gas bottles are relocated from ground floor to basement area adjacent to the existing transformer.
The wall adjacent to the fire hydrant booster is extended to comply with fire regulations (located at BA car park entry).
The larger ‘pop up’ roof above the gaming extension is reduced in length to minimise invasive construction works above the existing building and enable the infill roof area to better integrate with existing pitched roof form.
The transition from the lower roof to the ‘pop up’ roof occurs at a slightly higher position (to align with the adjoining plant deck), but the overall roof height is unchanged.
The plant deck is correctly located in drawing cross sections to match with the floor plans.
The wall around the plant deck is revised to fibre cement weatherboard cladding to be more consistent with the overall building aesthetic.
A small panel of weatherboard wall section is removed in the south elevation of the carpark to allow improved carpark ventilation.
The ground floor car park balustrade is shown at the correct level (1300mm high) as required for barriers in elevated carparks.
The windows in the children’s lounge are changed to full height.
Shared access path to lift in basement omitted
Omitted three disabled car parking bays in existing basement with two spaces being added to new basement area
Wall around plant deck extended to top of plant
Replaced weatherboard wall section with aluminium battens in south elevation (to create bigger opening).
The application also proposes to change conditions 2, 9 and 12 as follows:
Amend conditions 2 and 9 to reflect the new set of plans.
Delete condition 12 which relates to the requirement for certain aluminium materials to be replaced by timber materials so that the development is consistent with Tewantin’s heritage character.

The following images detail the approved and proposed elevations

Figure 1: Approved elevations
Figure 2: Proposed elevations
A set of the approved plans and the plans which form part of this application are included in Attachments 1 and 2.
site details
Background
The Tewantin Noosa RSL has been established on the land for a number of years, with the original building occupying the land fronting Poinciana Avenue, being Lot 3. Since that time, the RSL has continued to grow in response to community need. The current development approvals for the existing RSL are briefly described below:
TPC 1894 – Dining Room (Caterer’s Room) an Extension to Existing RSL;
TPC 2782 – Extensions to Existing RSL Club;
R 473 – Rezoning from Special Use – Church to Special Facilities RSL Club in accordance with a Plan of Development;
3B-388 Special Facilities (RSL Club in accordance with the Plan of Development);
1043 TC – Tewantin Noosa RSL and Citizens Memorial Club – Liquor Sales Area & Ancillary Changes; and
On 16 February 2017 Council approved application MCU16/0079 for Development Permit for Material Change of Use of Premises - Extension to existing RSL Club.
The approval provides for additions to the existing RSL with the new development primarily over the existing at ground car parking area fronting Doonella Street and Pelican Street and included the area of land previously occupied by Noosa District Community Radio building, which fronted Pelican Street.
The current application seeks to amend this approval.

Figure 3 – Aerial Photograph
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 because the footprint and form of the proposed changes demonstrate consistency with the original approval;
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 because the ultimate development remains the same; and
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
Plans
The applicant has provided the following reasoning for the proposed changes:
The removal of the palette store at the rear of the site results in improved onsite car parking and manoeuvring and the current storage area within the basement remaining as per the approved plans. The current storage area has been working well for the club and its patrons and it was considered the additional larger area at the rear of the premises was no longer required.
In terms of addressing persons with disabilities given the removal of the lift, the access to the club for persons with disabilities (PWD) are to remain primarily with the use of the adjacent PWD spaces to the entry. Consistent with the peer review report, patrons who have difficulty with stairs may utilise the pedestrian prioritized pathway within the basement to ensure equitable access to the club remains possible.
It is acknowledged that a significant component of the proposed changes are in response to the property occupier seeking a functional layout and are generally considered to be of little significance to the presentation of the overall development.
However the proposed removal of lift and the re-location of car parking for persons with disabilities (PWD) are of concern. Without a lift, PWD will be required to either access the premises via stairs or exit the car park to Doonella Street to access the premises via Memorial Avenue. Persons in wheelchairs will only be able to access the premise by exiting the car park to Doonella Street. Furthermore the alteration of the pedestrian access pathway within the basement appears to only service a section of car spaces. Whilst it is noted that there are 5 PWD car spaces and an access ramp within the Memorial Avenue frontage the access arrangement associated with the 2 PWD car spaces in the basement is unsatisfactory and not supported. Notably, the traffic peer review identified that the lift to the foyer needed to be provided in Stage 4 of the development. The approved development is identified as ‘Stage 4’.
Accordingly it is recommended that a new condition be added to read:
A lift must be provided for patrons to access the RSL from the basement car park.
A number of the proposed changes also result in significant amendments to the elevations of the development.
Attachment 3 highlights some of the significant changes on the elevation plans.
Whilst the proposed changes result in the elevations being altered it is considered that they do not have a detrimental effect on the overall presentation of the development. The most significant change is the alteration of the roof above the gaming extension from a hipped-roof to a pitched roof. The amended elevations and perspective views of the development identify that the proposed changes are reasonable and maintain the key design elements of the original approval.
Conditions
Condition 2
2.	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
1620/DA/1.02	C	Existing/Demolition Ground Floor Plan	25/01/17
1620/DA/2.01	J	Proposed Basement Plan – Stage 4	30/01/17
1620/DA/2.02	G	Proposed Ground Floor Plan – Stage 4	30/01/17
1620/DA/2.05	G	Proposed Roof Plan – Stage 4	30/01/17
1620/DA/3.01	E	Sections – Stage 4	30/01/17
1620/DA/4.01	H	Elevations – Stage 4	30/01/17
1620/DA/5.01	E	Landscape Concept Strategy – Plan	30/01/17
1620/DA/5.02	C	Landscape Concept Strategy	30/01/17
Applicants requested change
The applicant has requested that the condition be changed to reflect the updated set of plans so that the condition now reads:
2.	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
1620/DA/1.02	D	Existing/Demolition Ground Floor Plan	15/05/17
1620/DA/2.01	P	Proposed Basement Plan – Stage 4	28/07/17
1620/DA/2.02	L	Proposed Ground Floor Plan – Stage 4	28/07/17
1620/DA/2.05	K	Proposed Roof Plan – Stage 4	28/07/17
1620/DA/3.01	G	Sections – Stage 4	28/07/17
1620/DA/4.01	K	Elevations – Stage 4	28/07/17
1620/DA/5.01	G	Landscape Concept Strategy – Plan	28/07/17
1620/DA/5.02	E	Landscape Concept Strategy	28/07/17
Assessment
The proposed amendment to condition 2 will reflect the new set of plans and is therefore supported subject to an additional condition being included to maintain a lift.
Condition 9
The landscape planter boxes shown on the proposed ground floor plan Drawing No. 1620/DA/2.02 Amendment F at the rear podium car park must provide for a minimum soil depth and width of 600mm and incorporate appropriate drainage and plumbed irrigation.  The landscape planter boxes must be located immediately adjacent the approved building as shown on the Landscape Concept Strategy – Plan 1620/DA/5.01 Rev E dated 30/01/17.
Applicants requested change
To reflect the more recent plans of development the applicant requests to amend the condition to:
The landscape planter boxes shown on the proposed ground floor plan Drawing No. 1620/DA/2.02 revision L dated 28/07/17 at the rear podium car park must provide for a minimum soil depth and width of 600mm and incorporate appropriate drainage and plumbed irrigation. The landscape planter boxes must be located immediately adjacent the approved building as shown on the Landscape Concept Strategy – Plan 1620/DA/5.01 Rev G dated 28/07/17.
Assessment
The proposed amendment for Condition 9 to be updated to reflect the more recent plan of development from Revision F to Revision L and the landscape plan from Revision to Revision G is supported as it is a natural consequence of the amended plan set. The amended plans seek the removal of the planter boxes to the front of the new service yard. The removal of these planter boxes is supported as they are not considered to be critical to the overall desired outcome and they would primarily be situated out of view behind parked vehicles.
Condition 12
Replace the ‘timber look aluminium louvre screens’, ‘timber look aluminium rafters’ and ‘timber look aluminium batten screens’ shown on the elevation plans with timber screens, rafters and battens consistent with Tewantin’s heritage character.
Applicants requested change
The applicant seeks that condition 12 be deleted and submits that:
This condition results with requirements to provide timber screens, rafters and battens, rather than the Aluminium timber styled materials. There was no indication within the Architectural peer review that prompted the material change from aluminium to timber, nor any indication that the use of aluminium would be detrimental to the character of the area. We consider this condition to be unreasonable as the design elements and materials are in keeping with the character of the area, consistent with the findings of the Architectural peer review. Furthermore, the club is a not-for-profit entity and the ongoing maintenance, repair and costs involved with timber for these elements is not a sustainable nor desirable outcome. Importantly, a thin enough timber to fit within the window sill presents an issue of security for the building in that a timber version of these products would not sustain a storm event nor undesirable attempts to break and enter the premises. We provide specification sheets for the aluminium product that is in keeping with the desired character particularly for Pelican/Doonella Streets and the town centre. It is considered that the use of an aluminium product coupled with the improved landscaping interface is sufficient for the character of the area.
It is considered that the intent of this condition is not to create a security issue for the not-for-profit club, but to ensure the materials are in keeping with the heritage character of the area, as such the material can be provided to Council prior to its installation to ensure that the Council’s satisfaction is provided in review of the materials concerned in relation to the character of the locality. We look to Council’s support for the removal of this condition in light of these findings and include several examples attached of the quality finish in product. As reference, the louvres in which we specify are the Louvretec 120mm airfoil fixed louvre system.
The following images were provided in support of this submission:

Figures 4 -7: Examples of proposed aluminium finishes
Assessment
The proposal seeks to delete condition 12 which relates to the replacement of ‘timber look aluminium louvre screens’, ‘timber look aluminium rafters’ and ‘timber look aluminium batten screens’ with timber screens, rafters and battens consistent with Tewantin’s heritage character.
It is considered reasonable to modify condition 12 on the basis that the aluminium material proposed to be used by the applicant has the appearance of timber and is consistent with the intent of condition 12 in that the material will complement the heritage character of Tewantin. It will also provide an opportunity for the RSL to reduce ongoing maintenance, repair and costs
It should be noted that the requirement to amend the materials from aluminium to timber was not part of the original officer recommendation to Council.
As per the applicant’s suggestion that the material be provided to Council prior to its installation to ensure that Council’s satisfaction it is recommended that condition 12 is modified to reflect this requirement.
Accordingly it is recommended that Condition 12 now read:
Prior to the installation of ‘timber look aluminium louvre screens’, ‘timber look aluminium rafters’ and ‘timber look aluminium batten screens’, a sample of the material must be provided to Council demonstrating to Council’s reasonable satisfaction that the material is reflective and in keeping with the heritage character of the area.
CONCLUSION
The proposed changes as suggested by the applicant are generally required to improve the functionality of the development. The changes are considered to be consistent with the form and character of original approval and are therefore supported. The proposed deletion of the lift from the basement to the ground floor level is not supported and accordingly a new condition requires a lift be provided for patrons to access the RSL from the basement car park.
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	x	Building & Plumbing Services		Asset Management
	Customer Service		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
					

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ORDINARY MEETING REPORT	17 AUGUST 2017

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“APPROVED PLANS
NOOSA COUNCIL,
46 FEBRUARY

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