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Planning Report
Planning Assessment Report 214 David Low Way, Peregian Beach QLD 4573 Material Change of Use – Centre Activities (Shop, Food and Drink Outlet & Office) & Caretakers Accommodation Prepared for: AG22 Pty Ltd ATF Peregian Beach Shopping Centre Discretionary Trust 02 September 2022 © 2022 The authors retain copyright in this material. Copying permitted under Copyright Act 1968 and Planning Act 2016. Intellectual Property resides with North Surveys Pty Ltd trading as NorthGroup Consulting North Surveys Pty Ltd ABN 48 010 803 291 Trading as NorthGroup Consulting Brisbane ⧫ Sunshine Coast ⧫ Gladstone ⧫ Gold Coast www.northgroup.com.au
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214 David Low Way
PEREGIAN BEACH QLD 4573
Table of Contents
1.0 Executive Summary 3
1.1 Introduction 3
1.2 Application Details 3
1.3 Site Details 3
2.0 Site History and Description 4
2.1 Site Area and Dimensions 4
2.2 Land Use and Improvements 4
2.3 Site Application History 4
2.4 Access & Road Widening 4
2.5 Topography 4
2.6 Vegetation 4
2.7 Drainage and Flooding 4
2.8 Services and Infrastructure 4
2.9 Easements 4
2.10 Existing & Future Development within the Locality 5
2.11 Site Photographs 5
3.0 Description of Proposal 10
3.1 Key Details for Centre Activities & Caretakers Accommodation 10
3.2 Justification Against Performance Outcomes 11
4.0 Statutory Planning 13
4.1 The Planning Act 2016 13
4.2 Category of Assessment 13
4.3 Public Notification 13
4.4 Referral Agencies 13
4.5 State Planning Policy 13
4.6 South East Queensland Regional Plan 2017 13
5.0 Planning Scheme Assessment 14
5.1 Noosa Plan 2020 14
5.2 Definition of Uses 14
5.3 Local Centre Zone 14
5.4 Development Codes 14
5.5 Coastal Communities Local Plan 15
5.6 Temporary Local Planning Instruments 15
5.7 Prelodgement Advice 15
6.0 Conclusion 16
7.0 Appendices 17
7.1 Appendix 1 – Proposed Plans of Development 17
7.2 Appendix 2 – Code Assessment 17
7.3 Appendix 3 – Prelodgement Meeting Notes 17
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1.0 Executive Summary
1.1 Introduction
NorthGroup Consulting have prepared this planning report on behalf of AG22 Pty Ltd ATF
Peregian Beach Shopping Centre Discretionary Trust in support of a development
application seeking a Development Permit for a Material Change of Use to establish
Centre activities and Caretakers accommodation at 214 David Low Way, Peregian Beach.
An assessment of the proposed development against the relevant planning provisions is
contained within this report.
1.2 Application Details
Applicant AG22 Pty Ltd ATF Peregian Beach Shopping Centre
Discretionary Trust C/- NorthGroup Consulting
Contact Brendan Andrews or John Carroll (NorthGroup Consulting)
Type of Development Material Change of Use
Approval Type Development Permit
Planning Scheme Shop, Food and drink outlet, Office & Caretakers
Definition accommodation
Category of Assessment Code Assessable
Referral Agencies The chief executive (SARA)
Prelodgement Advice PLM22/0030
Our Reference 204099.T003
1.3 Site Details
Street Address 214 David Low Way, Peregian Beach QLD 4573
Real Property Description Lot 74 on P9313
Site Area 271m2
Local Government Area Noosa Shire Council
Planning Scheme Noosa Plan 2020
Zone Local centre zone
Zone Precinct N/A
Overlay(s) Acid Sulfate Soils
Local Plan Coastal Communities local plan
Local Plan Precinct N/A
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2.0 Site History and Description
2.1 Site Area and Dimensions
The subject site is a regular rectangular shaped, 10.4m wide allotment with an area of
271m2 and frontages to David Low Way (service road), unnamed road (pedestrian mall)
and the Village Green.
2.2 Land Use and Improvements
Currently occupying the site is a commercial building with five shop tenancies, to be
refurbished to facilitate an additional storey above.
2.3 Site Application History
Records show approval for a Chinese BYO restaurant and takeaway was granted by
Council on the 4th March 1986 (Council Ref: TPC 1780). No recent development
application history exists for the subject site.
2.4 Access & Road Widening
Direct access is available for pedestrians from the David Low Way service road and
unnamed road on the southern and eastern boundaries, which do not require any land
dedication.
2.5 Topography
The subject site has a generally flat topography, ranging from a height of approximately
9.3m AHD at the western boundary down to 8.9m AHD at the eastern boundary.
2.6 Vegetation
No vegetation is contained on the subject site, although some landscaping will be
introduced by the proposed development.
2.7 Drainage and Flooding
Existing drainage occurs with the natural fall of the topography to the gully pit within the
village green. Stormwater discharge from the proposed development will remain to a
lawful point. No record of flooding exists for the subject site.
2.8 Services and Infrastructure
Reticulated sewerage, water supply, electricity and telecommunications infrastructure are
available to service the proposed development.
2.9 Easements
To the best of our knowledge, no easements are contained within the boundaries of the
subject site.
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2.10 Existing & Future Development within the Locality
Peregian Beach is characterised by single detached houses and some low density unit
development, set amongst the leafy backdrop of Noosa National Park. At the centre is
the local centre of which the subject site is included, providing local convenience and
boutique retailers to residents and visitors. For higher order services, residents are
required to travel further afield to Noosa Junction, Noosaville or outside Noosa Shire. It is
anticipated that future development in Peregian Beach will reinforce its location as the
southern gateway into Noosa Shire, offering convenient amenities and facilities to
support coastal lifestyles.
2.11 Site Photographs
Western View of Subject Site & Adjoining Development
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Southern View of Subject Site
Eastern View of Subject Site
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Easter View of Adjoining Development
Development across Village Green from Subject Site
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Development across Pedestrian Mall from Subject Site
Development across Pedestrian Mall from Subject Site
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Eastern View of Pedestrian Mall
Southern View of David Low Way Service Road
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3.0 Description of Proposal
This report has been prepared in support of a development application to Noosa Shire
Council seeking a Development Permit for a Material Change of Use to establish Centre
activities and Caretakers accommodation at 214 David Low Way, Peregian Beach.
The subject site is located within the Local centre zone, currently comprising a
commercial building of five shop tenancies. It is proposed to partially retain and renovate
two of these tenancies as shops and convert the other three into a food and drink outlet
and lobby space to access a new upper floor containing an office and caretakers
accommodation. Contributions will be provided in lieu of car parking, in accordance with
an infrastructure agreement to be prepared under Council’s policy.
The proposed building will maintain a built form and scale that achieves compliance with
the relevant provisions of the Noosa Plan 2020. The proposed built form is consistent
with the size and scale of existing and expected buildings in the surrounding area,
including the adjoining site (Council Ref: 2006/215) and is considered to be within the
reasonable expectations of Council and the community. Based on the assessment
provisions contained within Noosa Plan 2020, the proposed development may be
achieved through a Code Assessable development application.
3.1 Key Details for Centre Activities & Caretakers Accommodation
Existing/Proposed Built Existing shops to be partially retained, renovated and
Improvements new upper floor proposed to be added
Building Height 8m maximum
Number of Storeys 2 storeys
Number of Tenancies 4 tenancies + caretakers unit
Breakdown of Tenancies Two Shop tenancies, one food and drink outlet and
one office + caretakers unit
Site Cover 100% (271m2)
Gross Floor Area • Including public toilets: 416m2 (1.54:1)
• Excluding public toilets: 398m2 (1.47:1)
Setbacks • Ground floor: 0m
• Upper floor: 0m to northern, western and
southern boundaries; 2m to wall/0m to terrace
on eastern boundary
Building Length 26.9m
Private Open Space 28.9m2 terrace for caretaker’s unit
Materials and Finishes Timber cladding and shutters; rendered concrete
columns; anodised aluminium shopfront glazing
Number of Car Parking Spaces 17 required (contributions to be provided in lieu of)
Access Arrangements N/A
Removal of Street Trees N/A
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3.2 Justification Against Performance Outcomes
Local Centre Zone PO11 – Plot Ratio
On this 271m2 site, the proposed GFA of 398m2 creates a plot ratio of 1.5:1. The
difference of 0.1 will not generate demand for the site beyond the capacity of the
surrounding road network, with goods and services to remain low order orientated to the
local community and catchment, in accordance with Overall Outcome OO2a of this zone
code. The proposed development remains low rise, with small-scale shop fronts, awnings
and kerbside activities to activate the street frontages, maintaining pedestrian focussed
public spaces, in accordance with Overall Outcomes OO2k and OO2l of this zone code.
Local Centre Zone PO11 – Setbacks
The proposed development is setback 0m from all boundaries at ground floor and the
northern, western and southern boundaries on the upper floor. The wall of the upper
floor is setback 2m from the eastern boundary shared with the village green. The
proposed terrace is appropriately designed as an open space and as such, the 0m
setback will:
a) ensure residential amenity is provided, whilst preserving visual and acoustic
privacy of adjoining and nearby properties;
b) not require vehicle parking;
c) buffer the proposed upper floor from the village green;
d) support landscaping between buildings;
e) maintain visual continuity and building pattern along the village green
frontage, particularly with the adjoining site at 216 David Low Way;
f) avoid continuous large wall planes; and
g) protect the natural character and visual amenity of Peregian Beach.
Local Centre Zone PO21 – Street Awnings
The proposed awning:
a) covers the full footpath on all frontages, ensuring weather protection;
b) can be setback 1m from the kerb;
c) will be waterproof;
d) will match the height, form and materials of adjoining awnings;
e) achieves clearance of 2.8m to the pavement;
f) will slope consistently with adjoining awnings;
g) will be at a consistent height to adjoining awnings;
h) ranges in height from 2.8m-3.5m, ensuring adequate clearance distance from the
kerb, whilst providing a sense of enclosure and human scale for pedestrians.
Business Activities Code PO6 – Ground Floor Ceiling Heights
The existing ceiling height of the ground floor is 3.2m, which is to be maintained by the
proposed development, in order to facilitate habitable spaces on the new upper floor
within the maximum building height of 8m. The difference of 0.3m is considered
appropriate given the existing ceiling height has catered to a flexible range of business
activities over many decades and the proposed ground floor tenancies will continue to
offer flexibility for decades to come.
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Business Activities Code PO16 – Car Parking
Due to the nature of the sites within the Peregian Beach local centre and the vibrant
pedestrian environment, contributions are proposed in lieu of car parking. Based on GFA,
the proposed shop, food and drink outlet and office uses trigger provision of 16 car
parking spaces. An infrastructure agreement will be entered into with Council.
Caretaker's Accommodation, Dwelling Unit and Rural Workers' Accommodation Code
PO2 – Zoning
The proposed caretakers accommodation is for use by an onsite property manager to
provide the shop/restaurant/office tenancies with services as required in a responsive
manner, similar to that approved on the adjoining site (Council Ref: 2006/215).
Caretaker's Accommodation, Dwelling Unit and Rural Workers' Accommodation Code
PO2 – Car Parking
The proposed caretakers accommodation would require 1 car parking space but the
subject site is located within the central Peregian Beach area. Contributions will be
provided in lieu of car parking in accordance with Council’s policy. An infrastructure
agreement will be entered into with Council.
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4.0 Statutory Planning
4.1 The Planning Act 2016
The proposed development is to be assessed under the Planning Act 2016.
4.2 Category of Assessment
The proposed development is identified in the Noosa Plan 2020 as being Code
Assessable.
Zone Category of assessment
Local Centre zone Code Assessment
Table 5.5.7 – Material change of use for
Caretaker’s accommodation if the gross
floor area does not exceed 100m2; Food
and drink outlet if not accepted
development and not incorporating a drive-
through facility; Office if not otherwise
specified; and Shop if not accepted
development and has gross floor area not
exceeding 500m2 is code assessable
Local plan Category of assessment
Coastal Communities local plan No change
Overlay Category of assessment
Acid Sulfate Soils overlay Not Applicable
4.3 Public Notification
The proposed development does not require public notification under the provisions of
the Planning Act 2016.
4.4 Referral Agencies
The proposed development triggers referral to the chief executive (SARA) due to the
subject site being located within the area mapped as substantial potential of containing
unexploded ordnance.
4.5 State Planning Policy
The proposed development complies with the relevant state planning policies.
4.6 South East Queensland Regional Plan 2017
The subject site is located within the Urban Footprint under the South East Queensland
Regional Plan 2017. The proposed development is consistent with the principles and
provisions of the South East Queensland Regional Plan 2017.
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5.0 Planning Scheme Assessment
5.1 Noosa Plan 2020
The proposed development is to be assessed under the Noosa Plan 2020.
5.2 Definition of Uses
Noosa Plan 2020 defines the proposed uses as:
Shop – ‘means the use of premises for displaying, selling or hiring goods; or providing
personal services or betting to the public.’
Food and drink outlet – ‘means the use of premises for—
(a) preparing and selling food and drink for consumption on or off the premises; or
(b) providing liquor for consumption on the premises, if the use is ancillary to the use
in paragraph (a).’
Office – ‘means
(a) the use of premises for—
(i) providing an administrative, financial, management or secretarial service
or function; or
(ii) the practice of a profession; or
(iii) providing business or professional advice or services; but
(b) does not include premises used for making, selling or hiring goods.’
Caretaker’s accommodation – ‘means the use of premises for a dwelling for a caretaker
of a non-residential use on the same premises.’
5.3 Local Centre Zone
The purpose of the Local centre zone is to provide a limited variety of commercial,
community and retail activities to local residents, along with other uses and activities
that integrate with and enhance the local centre, such as entertainment, shopping or
residential uses.
An assessment of the proposal against the Local Centre zone code is contained within
Appendix 2 of this report. The proposal generally complies with the applicable codes as
assessed within Appendix 2.
5.4 Development Codes
An assessment of the proposal against the following Use Codes and relevant Works
Codes is contained within Appendix 2 of this report:
• Business Activities code;
• Caretakers Accommodation, Dwelling Unit and Rural Workers Accommodation code;
• Sustainable Building Design code;
• Waste management code;
• Water Quality and Drainage code;
The proposal complies with the applicable codes as assessed within Appendix 2.
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5.5 Coastal Communities Local Plan
An assessment of the proposal against the Coastal Communities local plan code is
contained within Appendix 2 of this report. The proposal complies with the applicable
codes as assessed within Appendix 2.
5.6 Temporary Local Planning Instruments
There are no temporary local planning instruments in effect over the subject site.
5.7 Prelodgement Advice
A prelodgement meeting was held with Council on the 28 th June 2022 (Council Ref:
PLM22/0030) and a copy of the notes from the meeting are included in Appendix 3 of this
report.
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6.0 Conclusion
This proposed development represents an appropriate outcome consistent with the
relevant provisions of the Planning Scheme, in addition to the surrounding locality and
identified local and site specific needs. Subsequently, it is our recommendation that the
proposal be approved subject to reasonable and relevant conditions.
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7.0 Appendices
7.1 Appendix 1 – Proposed Plans of Development
Please refer to the proposed architectural plans prepared by David Toohey Architect (Ref:
Sheets DA100-DA400) included with this report.
7.2 Appendix 2 – Code Assessment
Please refer to the assessment against the relevant codes of the Planning Scheme
included within this report.
7.3 Appendix 3 – Prelodgement Meeting Notes
Please refer to the notes from the prelodgement meeting held with Council on the 28 th
June 2022 (Council Ref: PLM22/0030) included with this report.
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