Skip to the record
NoosaWatch™: The source of truth.

Council archive · source document

Minor Change Council Report MCU22 0154 01 · MCU22/0154.01

of 11

Text shows just the words. Original shows the document exactly as it was published.

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                             7 May 2024


               MCU22/0154.01 – APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               FOR FOOD AND DRINK OUTLET, SHOPS & OFFICES AT 214 DAVID LOW WAY, PEREGIAN
               BEACH
               Author                                     Development Planner, Samuel Osakwe
                                                          Development and Regulation
               Index                                      ECM Application/ MCU22/0154.01
               DOCUMENT INFORMATION




               Attachments                             ATTACHMENT 1 – MCU22/0154.01 – PROPOSED AMMENDED
                                                       CONDITIONS
                                                          ATTACHMENT 2 – PLANNING OFFICER’S REPORT
                                                          ATTACHMENT 3 – PROPOSED PLANS



                                APPLICATION DETAILS

                                Application No.              MCU22/0154.01

                                Development Approval         Material Change of Use – Food and Drink Outlet, Shops &
                                                             Offices

                                Applicant                    AG22 Pty Ltd ATF Peregian Beach Shopping Centre
                                                             Discretionary Trust

                                Request Received On          18 October 2023


                                PROPERTY DETAILS

                                Property Address             214 David Low Way Peregian Beach

                                RP Description               Lot 74 P 9313

                                Land Area                    271m2

                                Existing Use of Land         5 Shop Tenancies


                                STATUTORY DETAILS

                                SEQRP Designation            Urban Footprint

                                Zone                         Local Centre

                                Precinct                     Not Applicable

                                Local Plan Area              Coastal Communities Local Plan Area

                                Overlays                     Land Subject to Acid Sulfate Soils Overlay

                                Assessment Type              Minor Change to Development Approval

                                                                                                          Page 1 of 11

Document Set ID: 22743588
Version: 12, Version Date: 19/04/2024
Full text of the other 10 pages

Page 2

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                           7 May 2024




               EXECUTIVE SUMMARY
               An application to redevelop the existing building at 214 David Low Way, Peregian Beach Food and
               Drink Outlet, Shops & Offices was approved by Council at its Ordinary Meeting on 16 February
               2023. This application seeks to make minor changes to this development approval, by revising
               the approved plans of development.
               The site is located within the established commercial part of Peregian Beach, east of David Low
               Way. The site is zoned Local Centre under the Noosa Plan 2020, has an area of 271m2 and forms
               part of the Peregian Beach village with a frontage to the David Low Way service road and the
               village square.
               The proposed changes to the development approval are generally consistent with the Noosa Plan
               requirements, however, the development proposes changes that detract from the outcomes sought
               by the Coastal Communities Local Area Plan Code. Specifically, the proposal does not incorporate
               sufficient variation in texture or appropriate detailing reflective of the informal beachside character
               and subtropical climate friendly design sought for the Local Plan Area.
               These design and character matters can be addressed and accordingly the application is
               recommended for approval with conditions requiring some plan amendments.
               RECOMMENDATION
               That Council note the report by the Development Planner to the Planning & Environment
               Committee Meeting dated 7 May 2024 regarding Application No. MCU22/0154.01 to make a minor
               change to an existing approval for Food and Drink Outlet, Shops & Offices situated at 214 David
               Low Way Peregian Beach and:
               A.     Agree to amend Condition 2, as outlined in Attachment 1.
               B.     Note this report is prepared in accordance with Section 63(5) of the Planning Act 2016.




                                                                                                        Page 2 of 11

Document Set ID: 22743588
Version: 12, Version Date: 19/04/2024

Page 3

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                        7 May 2024


                     ATTACHMENT 1 – (MCU22/0154.01) – PROPOSED AMENDED CONDITIONS


               Approved Plans
               2.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the tables below. The plans must be amended to incorporate
                      the amendments listed within the table below and resubmitted to Council prior to the issue
                      of any Development Permit for Operational Works.

                         Plan No.           Rev.    Plan/Document Name                            Date

                         23011-DD 10.01     H       Floor Plans prepared by KP Architects Pty 20.03.2024
                                                    Ltd

                         23011-DD 10.02     H       Floor Plans prepared by KP Architects Pty 20.03.2024
                                                    Ltd

                         23011-DD 30.01     E       Sections prepared by KP Architects Pty Ltd    20.03.2024

                      The following plans require amendment.

                         Plan No.           Rev.    Plan/Document Name                            Date

                         23011-DD 20.01     F       Elevations prepared by KP Architects Pty 20.03.2024
                                                    Ltd

                         Amendments         •      The windows to the western upper level must extend for the
                                                   full width of the site’s frontage to David Low Way/Grebe
                                                   Service Road.
                                            •      Architectural treatments such as louvre screens must be
                                                   incorporated to the western upper-level windows.
                                            •      The lower and upper awnings must be finished with timber
                                                   cladding or timber look cladding.
                                            •      The building façades, where not glazed, must be provided
                                                   with variation in material through a reduction in masonry and
                                                   the inclusion of timber cladding or timber look cladding.
                      *(Refer to Advisory Note)




                                                                                                     Page 3 of 11

Document Set ID: 22743588
Version: 12, Version Date: 19/04/2024

Page 4

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                        7 May 2024


                         ATTACHMENT 2 – (MCU22/0154.01) – PLANNING OFFICER’S REPORT


               REPORT
               1.     PROPOSAL
               This application seeks approval to change an existing development approval for a Food and Drink
               Outlet, Shops & Offices at 214 David Low Way, Peregian Beach. The proposed changes seek to
               revise the approve design to:
               •    Include a basement level for storage purposes.
               •    Reconfiguring the ground floor western tenancies, reorientating them towards the laneway with
                    pedestrian access to tenancy 1 maintained from the David Low Way service road.
               •    Improve the layout and refine the access for the ground floor and upper lobby entrance.
               •    Provide clear access and improve Crime Prevention Through Environmental Design (CPTED)
                    outcomes by relocating the upper floor service areas and amenities.
               •    Amend the external façade and finishes including inclusion of a roof parapet, removal of timber
                    cladding and changes to some window treatments.
               The revised plans identify that tenancies 1 and 2 will be used for shops, tenancies 3 and 5 for food
               and drink outlets and tenancy 4 will be for a shop, office or a third food and drink outlet. The
               proposed uses remain generally in accordance with the previously approved uses on the site.
               The locality and proposed plans are included in the following figures. A comparison between the
               approved development and proposed changes is also provided in the following figures.




                                 Subject Site




                                                       Figure 1 – Locality Map




                                                                                                     Page 4 of 11

Document Set ID: 22743588
Version: 12, Version Date: 19/04/2024

Page 5

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                       7 May 2024




                                            Figure 2 – Basement Plan (None Proposed Previously)

                                        Approved                                         Proposed




                                                       Figure 3 – Ground Floor Plans




                                                        Figure 4 – First Floor Plans




                                                        Figure 5 – West Elevations



                                                                                                    Page 5 of 11

Document Set ID: 22743588
Version: 12, Version Date: 19/04/2024

Page 6

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                         7 May 2024




                                                      Figure 6 – East Elevations




                                                     Figure 7 – South Elevations

               2.     BACKGROUND
               Council at its Ordinary Meeting on 16 February 2023 resolved to approve an application to
               redevelop the site. At the time of the original application, the applicant was proposing to:
               •      Remodel the existing single storey building, retaining the western shop tenancies,
               •      Convert tenancy 3 into a food and drink outlet, and
               •      Include an upper floor level comprising an office and a small food and drink outlet that
                      included a terrace that opened up into the square to the east.
               The applicant entered into an Infrastructure Agreement with Council to pay a contribution in lieu of
               4 parking spaces reflective of the proposed increase in car parking demand.
               3.     ASSESSMENT
               3.1. 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 2017;
               •      Planning Regulation 2017;
               •      Noosa Plan 2020.
               3.2. Statutory Process
               The applicant has requested to make a minor change to a development approval under s78 of the
               Planning Act 2016. An application for a minor change to a development approval can only be made
               in 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 development would not result in a substantially different development;
               •      the change does not include prohibited development;


                                                                                                      Page 6 of 11

Document Set ID: 22743588
Version: 12, Version Date: 19/04/2024

Page 7

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                              7 May 2024


               •       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 matters prescribed by regulation;
               •       where the original application was code assessable, the change would not cause the
                       application to become impact assessable.
               3.3     The Noosa Plan 2020
               The original application was required to follow a code assessment process, with no public
               notification of the application required. The following codes from the Noosa Plan were applicable
               to the original application and also apply to the proposed changes:
               •       Local Centre Zone Code;
               •       Coastal Communities Local Plan Code;
               •       Business Activities Code
               •       Acid Sulphate Soils Overlay Code; and
               •       Works Codes.
               3.3. Statutory Instruments – Planning Scheme
               The proposed uses remain consistent with the Local Plan Code requirements for Peregian Beach
               and the Local Centre zoning intent, providing for local convenience shopping, business and
               employment services for nearby permanent residents and visitors to the area. The proposed food
               outlets will provide continual support to the established vibrant atmosphere within the Peregian
               village.
               The proposed changes also remain generally comparable to the approved plans in terms of the
               built form parameters as set out in the table below.

                   Criteria              Planning Scheme      Approved Plans       Proposed Changes         Complies
                   Building height
                   •   storeys           2 storeys max        2 storeys            2 storeys                
                   •   metres            8 metres             8 metres             8 metres                 
                   Gross floor area or   378m² max            378 m²               353m2                    
                   Plot ratio            1.4:1 max.           1.4:1                1.3:1                    

                   Boundary setbacks
                   • Northern Side       0.0 metres min       0.0 metres           0.01 metres              
                   • Eastern Village     0.0 metres ground    0.0 and 2.0 metres   0.0 and 4.7 metres       X
                     square              floor and 2.0        to façade. Awning    to facade. Awning
                                         metres first floor   extends 2.5m into    extends 2.56m into
                                                              reserve              reserve
                   • Western
                     Frontage            0.0 metres min       0.0 metres           0.0 metres               
                   • Southern Village    0.0 metres min       0.0 metres           0.0 metres               
                     square
                   Length of wall        15 metres max        11 metres            11 metres                

                   Landscaped open       27 m² min            Nil (3.5m2 ground    Nil (3.5m2 ground        X
                   space                                      floor planter)       floor planter and
                                                                                   upper floor planters)

                   Carparking            Additional           Nil                  Nil                      X
                                         development - 4
                                         spaces
                   Bicycle Spaces        1 bicycle space      0                    0                        X

                                                                                                           Page 7 of 11

Document Set ID: 22743588
Version: 12, Version Date: 19/04/2024

Page 8

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                          7 May 2024


               The maximum building height for Peregian Beach of 8 metres, 2 storeys is maintained. The
               development does not propose any change to the existing or approved site cover. The site cover
               of adjoining and neighbouring buildings in Peregian Beach being at or close to 100%.
               The approved setback of 0m for the upper floor balcony to the eastern village square is retained
               with the setback to the building façade increased from 2m to 4.7m. The minimum area provided
               for landscaping remains similar to the approved development and remains generally consistent
               with many other developments in Peregian Beach. Parcels adjoining the subject site benefit from
               the proximity to the village square and the established landscaping within this area.
               It is noted however that the proposal includes a number of significant changes to the façade
               finishes which raises concerns as it changes the streetscape presentation, particularly given the
               land is adjacent to an identified primary streetscape treatment area on the Framework and
               Character Plan for Peregian Beach and fronts a key pedestrian/cycle link.




                        Subject Site




                                         Figure 8 – Framework & Character Plan – Peregian Beach

               The Coastal Communities Local Plan Code generally requires new buildings to be designed to:
               •      suit the local subtropical climate,
               •      incorporate a mix of lightweight and textured external building materials, with buildings
                      intended to reflect the informal, beachside character of Peregian Beach village.
               These requirements are also reflected in the following outcomes from the Local Plan Code:
               (z)    Development in Peregian Beach –
                      (iii)   maintains Peregian Beach Local Centre’s ‘signature’ informal village-like atmosphere,
                              featuring a low key, attractive village square that distinguishes the Peregian Beach
                              Local Centre from other centres in the local plan area and the wider region.
                              Development and redevelopment maintains the existing strong sense of place and

                                                                                                      Page 8 of 11

Document Set ID: 22743588
Version: 12, Version Date: 19/04/2024

Page 9

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                          7 May 2024


                              the centre’s function and capacity to provide a public focus for local community
                              interaction and activity.
               PO3
               Development contributes to the establishment of attractive streetscapes and gateways to enhance
               the sense of arrival and the coastal village character of the separate urban communities within the
               local plan area.
               AO3.1
               Development adjacent to a gateway or special place or on land identified as a key corner
               including where identified in Figure 7.2.6.5 (Peregian Beach Framework and Character Plan):
                        1. incorporates architectural and landscape treatments which emphasise the corner
                           location as shown in Figure AP3-10A and Figure AP3-10B; and
                        2. incorporates building materials such as varied roof forms, changes in materials and
                           variations in projected and recessed elements and facades.
               PO7
               Buildings, structures and landscaping are consistent with and reflect the beachside character of
               the local plan area in terms of form, composition and use of materials.
               AO7.5
               Buildings are designed to:
                       1. suit the local subtropical climate;
                       2. incorporate a mix of lightweight and textured external building materials, including
                           timber finishes with variation provided in texture, detailing and articulation;
                       3. incorporate verandahs, open balconies with transparent or open balustrades or
                           shaded patios for outdoor living; and
                       4. allow for landscape integrated with the buildings on site.
               While the redesigned building incorporates some timber cladding and timber screening at the foyer
               entrance, the timber cladding to the awnings has been removed, some window sizes reduced, and
               a more extensive use of rendered blockwork is proposed.
               The development also proposes a parapet to the roof which results in a significant change to the
               building appearance, detracting from the “informal village-like atmosphere” outcome sought for
               developments in the Local Plan area.
               The proposed changes to the building material presents a much more formal, urban feel rather
               than the informal, relaxed beachside character sought for Peregian Beach.




                                                                                                       Page 9 of 11

Document Set ID: 22743588
Version: 12, Version Date: 19/04/2024

Page 10

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                               7 May 2024




                                   Figure 9 Comparison of Approved Southern Elevation & Proposed Changes

               The development also proposes changes to the western building façade to the David Low Way
               service road, which does not provide sufficient activation or provide the fine scale built form, sought
               in Acceptable Outcome AO10(b) of the Coastal Communities Local Plan Code.
               The minimal variation in materials and removal of the louvres, provides little sun protection to the
               upper level western windows and does not suit the local subtropical climate design requirement of
               Acceptable Outcome AO7.5(a) of the Coastal Communities Local Plan Code.




                                   Figure 10 Comparison of Approved Western Elevation & Proposed Changes

               These design issues were raised with the applicant during assessment, and minor alterations were
               made to the plans including lowering the parapet to provide variation to the roofline, introducing
               timber cladding to the parapet, however, the extensive use of masonry and minimal variation in the
               building material falls short of the requirements of the Local Plan Code.
               4.     CONSULTATION
               4.1. Referral Agencies
               The original application was referred to Department of State Development, Infrastructure, Local
               Government and Planning (SARA). The Department was a referral agency pursuant to Schedule
               10, Part 4, Division 3, Table 1, Item 1 – Contaminated premises (unexploded ordnance)
               The Department previously provided the following condition:
               1.     Provide written confirmation to the Department of State Development, Infrastructure, Local
                      Government and Planning by an approved contractor on the Australian Government,
                      Department of Defence, Unexploded Ordnance (UXO) Panel that the subject site has been
                      remediated and cleared of unexploded ordnances.
               The applicant has provided notice of the proposed change to the development approval to the
               Department with no further response received.
               4.2. Other Referrals
               Not Applicable



                                                                                                           Page 10 of 11

Document Set ID: 22743588
Version: 12, Version Date: 19/04/2024

Page 11

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                                7 May 2024


               5.     CONCLUSION & REASONS FOR DECISION
               The proposed changes to the development approval are generally comparable to the current
               development approval maintaining the approved uses and the building’s general bulk and scale.
               The proposed changes to the building material however are not satisfactorily and not reflective of
               the informal beachside character sought for Peregian Beach. Conditions are therefore
               recommended requiring plan amendments to ensure the proposal achieves the desired future
               character ought for the Local Plan Area.
               Departments consulted:

                    Office of the CEO, Mayor &                Community Services              Corporate Services
                            Councillors
                     Mayor & Councillors                   Director                        Director
                     Chief Executive Officer               Community Development           Financial Services
                     Executive Officers                    Sport & Active Lifestyles       Fleet
                     Community Engagement                  Arts & Culture                  Revenue Services
                     People & Culture                      Community Connection            ICT
                     Governance                            Customer Experience             Commercial Property
                     Strategy & Environment &              Development & Regulation         Infrastructure Services
                     Sustainable Development
                     Director                          x   Director                        Director
                     Strategic Land Use Planning       x   Development Assessment      X   Infrastructure Planning, Design
                                                                                           and Delivery
                     Economic     Development      &       Local Laws                      Civil and Asset operations
                     Destination Management
                     Environmental Services                Environmental Health            Asset Management
                     Innovation & Digital Hub              Building & Plumbing             Building & Facilities
                                                           Property / Permits              Disaster Management
                                                                                           Waste




                                                                                                          Page 11 of 11

Document Set ID: 22743588
Version: 12, Version Date: 19/04/2024

Used in these records

About this file

File size
3.1 MB (large file)
File type
PDF

No other editions are linked here.

Original file

Log in to download the original file

Minor Change Council Report MCU22 0154 01.pdf · 3.1 MB (large file)

The download may take up to a minute.

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.