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Request to amend application 132009.1102.03

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 8.30 am to 4.30 pm Monday to Friday (excludes public holidays).

 Caloundra      -
                    1 Omrah Avenue Caloundra Old 4551
I Maroochydore       -

                         Maroochy on First, 10 First Avenue Maroochydore Old 4558
 Nambour      -
                  Cnr Currie and Bury Streets Nambour Old 4560

 Tewantin     -
                  9 Pelican Street Tewantin 4565



,
    ALL questions MUST be completed unless the form indicates otherwise.
.
    This form must be submitted to Council accompanied by the applicable fee.
                                                                                                                       -I
.
    Attach extra pages if there is insufficient space on the form.                                                          2’
    If Council was the Assessment Manager for the existing approval. and the approval was issued by the Court, then:         ’.




    (a)a request to change the development approval and/or conditions is made to the Court; and
    (b)a request to extend the relevant period for the approval is made to Council.
: AU terms used on the form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation
    2009.



 1. Details of person making tile request

 Full name    -
                  individual or company        Never Holdings Pty Ltd and Body Corporate ’Laguna on Hastings Arcade’

Contact Name        -
                        for company            CI Martoo Consult;ng

Poslal address                                 PO Box 1684

I Suburb                                      Noosa Heads                        State     QLD                 ;   Postcode       4567

Busin~ss phone            54472550              ;A/H phone                                        Mobile

Elnail adclress           [email protected]                                             Fax 54553322



2. Details of existing approval

Type of approval (please tick ALL applicable categories)                  Which entity issued approval?
 ./    Development Permit                                                 ./   Sunshine Coast Council

o      Preliminary Approval                                               o    Other entity   -


                                                                                               please specify
0      Compliance Permit
./     Material Change of Use

0      Reconfiguring a Lot                                                                           oeve\opment Counter
0      Operational Works
                                                              0163                 l , \                              4 FEB 2013
0      Building Works
0      Plumbing or Drainage Works
                                                ,80x:~.S.~.J.:l.. ..~..o:.:.,
                                                                         R:
                                                                                                                                           )
0      Compliance Certificate              ,’3 J.ooq            .
                                                                     ,\ 0:;) .0’3                           Maroochydore

Privacy
Council will use any personal information provided for the intended purpose only and for remaining in contact with you. Council is
authorised to collect this information in accordance with the Local Govemment Act 2009 and other Local Government Acts. Your
personal information is only accessed by persons authorised to do so. Your personal information is dealt with In accordance with
council’s privacy policy



[email protected] au I T 07 5475 7272                       F 07 54757277
Locked Bag 72 Sunshine Coast Mail Centre aid 4560 I ABN 37 876 973 913

Caloundra office 1 Omrah Avenue Caloundra aid 4551        I   Maroochydore office 11-13 Ocean Street Maroochydore aid 4558
Nembour office Cnr Currie and Bury Streets Nambour aid 4560          I   Tewantln office 9 Pelican Street Tewantin aid 4565


1 of 4            2012113 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM3002s
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Page 2

     o      Environmentally Relevant Activity
     Application number/council reference                              12506TC & 132009.1102.01                                                ! Date issued      1998 & 2011

     Is the approval for a mobile and temporary ERA?                                                                     ./ No                 0    Yes   -
                                                                                                                                                              complete below
    I Insert the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating




    3 Nature of request (please tick ALL applicable categones)

    ./ To change the development                                   ./ To change the development                                   0    To extend the relevant period
    approval                                                       conditions                                                          before lapsing

    Please attach documentation outlining the detail of and the reasons and justification for the requested change or
    extension.



                                                                                            -




    4. Loc tion of the premises

    Unit No.                                  ;
                                                  Street No       32                        Street       Hastings Street
    Suburb          Noosa Heads                                                                              :
                                                                                                                 State   Qld                       Postcode      4567
                                                                                                                              -
                                                                                                                          -

                                                                                                                                        .
                                                                            .           ~




    ,~o~.no.     ..
                        .’
                               ..
                                        .         .PI.alJ.typ.~.&_ pl,,!n nq...    _’
                                                                                            .




    Lot6                                          SP120366

    L"t1’ 6                                   . ~(Com(%JQa Property iTS Lsgtlfts en Hastings Arcade)




    5 Concurrence Agencies
i
    Was there one or more concurrence agencies involved in the original approval?                                                     .,/ No


                                                                                                                                   10 Yes-provide details below
    Note   -
               Under 5372 of the Sustainable Planning Act 2009 the person making the request is required to give a copy of this request to all
    concurrence agencies.
                                                                                                         -




..C.9.~ l,l.~r~,l)c,~.~g~n~c,y      .
                                        ...
                                              .


                                                  ,.’   .
                                                            ’.’        ..
                                                                            ,,’.                                                   i Date copy given




    6. Pre-request response notice

    Has a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request?

    v’ No                                                                                       ,0 Yes

    If yes, please attach a copy of the notice.


                                                                                                                                                                               .




    7 Owner’s consent

    Is the owner’s consent required for this request?                                              o No

                                                                                                   .,/ Yes-
                                                                                                                 complete either Table A or Table B below
Note       -
               If more than one owner of the land all owners’ details are required



Table A         -
                    owner’s consent provided on form                                                                              Hastings Arcade
!Owner’s name/s               Body Corporate                  -
                                                                  Laguna on’
                                                                                                             ~;jI:;               Never Holdings Pty Itd

2 of 4                       2012/13 Regional Strategy and Planning Request to
                                                                                                     Chang(~~n~ Approval          and/or Extension to Relevant Penod FM3002s

Page 3

             ..




                                                  ,_




                              r:t:<7 h~                                          Table B     -
                                                                                                 owner’s consent provided on form



                              !lrr,J    :;~J~
                              if/’41./ wr   h
                                                          .
                                                                                 Owner’s name/s


                                                                                 o The owner’s written consent is attached.
     l/We, the above-mentioned ownerls of the land. consent
     to the making of this request.




     Signature/s




     Date
                                       fliJ0
                                          1\
                                       ’/?,\
                                                         \ 2.013
;
     NOTES: For question 7

     Under section 371 of the Sustainable Planning Act 2009, if the person making the request is not the owner of the land to which the
     approval relates, the request must be accompanied by the owner’s consent.
     However, owner’s consent is not required if the approval:
         relates to land the was acquisition land to which section 263(2)(d) of the Sustainable Planning Act 2009
                                                                                                                  applied when the
         application for the approval was made; or
         is for building work or operational work for the supply of community infrastructure on land
                                                                                                        designated for the community
         infrastructure; or
         the consent of the owner would not be required under section 263(1) of the Sustainable
                                                                                                       Planning Act 2009 if a development
         application were made for the requested change.
.
    Also, owner’s consent is not required if the Assessment Manager is satisfied that:
         the number of owners of the land make it impractical to obtain owners’ consent, and the
                                                                                                       requested change does not materially
         affect the owners’ land; or

         having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the requested change
         does not materially affect the owner’s lend.




    8 Does the request illvolve a State resource prescribecluflder the
                                                                                          SlISlil/lldu/ePldllfJlllg RC9ulatloll 2009,
    Schedule 14?

    v" No                                                               !
                                                                            0 Yes   -


                                                                                        complete below details
    Nature of State owned resource:

    Nature of Evidence required:

    o Evidence of allocation of I entitlement to, the resource              0 Evidence the chief executive has agreed to the request

    Attach a copy of the evidence required above

    NOTES: For question 8

    Section 370(3) and (4)of the Sustainable Planning Act 2009 requIres that if an application for the development
                                                                                                                   approval were made at
    the time of making this request and evidence under section 264(1) of the Sustainable            Act 2009 would be
                                                                                                 Planning                     to
                                                                                                                           required     support
    the application, this request must be accompanied by the written agreement of the chief executive from whom evidence would be
    required under section 264(1).
    Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a State
                                                                                                     resource. a regulation may require
    the application to be supported by certain evidence prescribed under regulation. Schedule 14 of the Sustainable
                                                                                                                         Planning Regulation
,2009 prescribes the State resources for which evidence is required to’ be given, and the evidence required. to support the application.




    I/We. the applicant, declare that the above information is correct in all respects, at the time of lodgement of this
    application with the Sunshine Coast Regional Council. Should any of the details given in relation to this application be
    changed in the future, the applicant shall     th Sunshine Coast Regional Council in writing prior to
                                                                                                              any such change
    being implemented.
                                                       adv~’se
                                                          J

                                       1t~
                                              ’




    Signature/s                                         fit-                                                : Date     ’6’   II )U)13
3 of 4                  2012113 Regional          y and Planning Request to Change E~isting Approval and/or Extension to Relevant Period FM3002s
                                            1.0

Page 4

              .’


         .,




    OFFICE USE ONL Y

    Application no.            I Amount                                 I
                                          paid     Date paid                Receipt no.        Initial             I Date stamp
i
    Receiving Officer




Payment options
In person              Customer service centres: 8 30 am to 4.30 pm Monday to
                                                                                          Friday (excludes public holdays).
By mail            .

                       Cheque or money order to be made payable to: Sunshine Coast Regional Council.
                       o Cheque                      0Money order                    0 Mastercard                    0Visa
                       Card number
                                                                                     Expiry date                    Amount $
                       Name on card                                                  Signature of cardholder
                       Phone                                                         Is a receipt required?          0 Yes            0 No
4 of 4                     2012113 Regional Strategy and Planning Request 10 Change Existing Approval and/or Extension to Relevanl
                                                                                                                                     Period F’M3002s

Page 5

~   ’\.   J




              Council Reference: 12506 TC & 132009.1102.1
              Our Reference:               01376 L04 NG




              31 January 2013
                                                                                                                                   martoo
                                                                                                                                  consulting _
                                                                                                                                                          pty Itd
                                                                                                                                  town planners +
              Chief Executive Officer                                                                                             urban designers
              Sunshine Coast Regional Council
                                                                                                                                  +
              Locked Bag 72
                                                                                                                                      surveyors
              SUNSHINE COAST MAIL CENTRE 4560




              Attention:          Planning North              -
                                                                  Marcus Brennan



              Dear Sir/Madam


              RE:          LODGEMENT OF PERMISSABLE CHANGE TO A DEVELOPMENT APPROVAL
              APPLICATION TO CHANGE DEVELOPMENT APPROVAL                                              -   12506 AND 132009.1102.1 FOR
              EXTENSION TO AN ENTERTAINMENT & DINING BUSINESS TYPE 1 (FOOD & BEVERAGE)
              FOR LOTS 6 & 7 AND EXTENSION TO RETAIL BUSINESS TYPE 2 (SHOP& SALON) FOR LOT
              1 OVER LAND AT TENANCIES 1,6 & 7 AND COMMON PROPERTY AT HASTINGS STREET
              NOOSA HEADS DESCRIBED AS LOTS 0, 6 and 7 ON SP120366


              Martoo   Consulting has been engaged by Never Holdings Pty Ltd (and supported by the Body
              Corporate of ’Laguna on Hastings Arcade’) as the applicants for the above proposal to submit a
              permissible change to a development approval to the outdoor plaza associated with premises at 32
              Hastings Street, Noosa Heads, known as Laguna on Hastings (Laguna Arcade). The site currently
              contains an existing commercial and residential complex which includes retail tenancies at ground
              level facing Hastings Street and a Resort hotel to the rear known as the Sebel Hotel.


              The proposed changes to the site relate to the outdoor plaza area located to the Hastings Street
              frontage of the site and includes:

                           6/32 Hastings Street, Noosa Heads (Vacant shop previously Sandy’s Deli)


                                           .    Convert the existing approved shop and restaurant to a restaurant
                                           .    Increase the existing approved outdoor dining area by an additional 76 m2
                                                adjacent to the premises
                                           .
                                                Proposed utility space of 22m2
                                           .    Provision of 80m of vertical green wall
                                           ..   New central access way to toilet facilities from central plaza area behind Lot 6
                                           .    New signage and lighting to toilet facilities


                           7/32 Hastings Street, Noosa Heads (Aromas)


                                           .    Extend the outdoor dining area around Aromas by an additional 56m2.
                                           .    Provision of 31 m2 of vertical green wall


                           1/32 Hastings Street, Noosa Heads (Noosa Heads Pharmacy)


                                           .    Increase the outdoor display area associated with the Chemist by an additional
                                                19m2 in front and to the side of the existing premises.



              SUNSHINE COAST OFFICE                                                            GYMPIE OFFICE
              13/6 BOffiEBRUSH AVENUE, NOOSA HEADS            PO BOX 1684 NOOSA HEADS Q 4567   38 NASH STREET, GYMPIE            PO BOX 391     GYMPlE Q 4570
              TELEPHONE: (07) 54472550          FACSIMILE: (07) 5455 3322                      TELEPHONE:     (07) 5482 7440   FACSIMILE: (07)5482 4952
              [email protected]                                                       [email protected]

                                                                                     Page 1

Page 6

,




    In 1998, Council approved an application for the entire site for a Multiple dwelling  (112 units), 8
    Shops, 2 Restaurants, outdoor dining areas and ancillary facilities under 12506TC. The two
    restaurants approved over the site included tenancies 6 and 7 detailed above with lot 1 approved as
    a shop.



    A number of applications to modify the different uses on the site have been lodged and approved by
    Council, including alterations to tenancy 6 to convert part of the premises to shop and extend the
    area of the shop and an application over tenancy 7 to enable roll down security screens around the

    existing tenancy area.

    6/32 Hastings Street Noosa Heads:


    In September 2011, Council approved an application for a Permissible Change for a Retail Business
    Type 2 (Shop & Salon) and Entertainment & Dining Business Type 1 (Food & Beverage) to enable
    enclosure of 21 m2 of approved outdoor dining area to the east of the existing building.


    The applicant has undertaken these works and      now   wishes to utilise the entire       premises for a
    Restaurant and associated outdoor dining. It is noted that the premises were originally approved in
    January 2010 for Retail Business Type 2 Shop use area of 86 m2 and Entertainment & Dining
                                              -




    Business Type 1 (Food & Beverage) for 40m2 of outdoor dining area under 2009/1102 with the
    permissible change in 2011 approving enclosure of 21 m2 of the approved outdoor dining.

                                                                        The     applicant seeks approval
                                                                        to extend the area of approved
                                                                        outdoor      dining        by   76m2 as
                                                                        indicated       on     the       proposal
                                                                        plans.      These      new        areas   of
                                                                        outdoor dining are proposed on
                                                                        the existing        paved area along
                                                                        the frontage of the tenancy and
                                                                        to the east, adjacent to the new
                                                                        vertical ’green wall’. This green
                                                                        wall   provides 80m2 of new
                                                                        green space on the site.

                                                                        The   existing access to the
                                                                        public toilets between tenancy
                                                                        6 and 7 causes a number of
                                                                        internal issues for tenants               on

                                                                        site   as    well     as    the    general
                                                                        public in terms of distance from
                                                                        tenancies and amenity impacts.
                                                                        To overcome these issues the
                                                                        applicant      proposes  a    new

                                                                        defined       passageway     with
                                                                        signage     to be located directly
                                                                        behind      tenancy        6 with    direct
                                                                        access      from the central         plaza
                                                                        area.    This access way will be
                                                                        readily visible to patrons of the
                                                                        centre    as   well   as    closer to all
                                                                        tenancies on site.




                                                                        Photograph 1    -
                                                                                         Area to be used for
                                                                        outdoor dining and green wall




                                                  Page 2

Page 7

Photograph 2   -

                   Proposed access to public toilets.



7/32 Hastings Street, Noosa Heads (Aromas)


The above premises are currently occupied by a restaurant known as ’Aromas’ which includes an
extensive area of outdoor dining to Hastings Street and the central paved central court area. The
applicant is seeking approval to extend the approved outdoor dining to reflect the area actually used
on site by the restaurant. The additional 56m2 is located between the existing water features and

gardens in the court area and to the rear of the premises. A new additional ’green wall’ with 31 m2
of will be provided to the rear of the restaurant providing additional landscaping to the area and
softening the existing hardscape areas.




                                                        Page 3

Page 8

Photograph 3 Aromas outdoor dining area
            -




1/32 Hastings Street, Noosa Heads (Noosa Heads Pharmacy)


The Noosa Heads Pharmacy currently occupies tenancy 1 on site. The applicant seeks approval to
increase the outdoor display area associated with the existing shop by  19m2 as indicated on the
proposal plans. The additional outdoor display area is located along the western boundary and
across the front of the site and represents the existing area currently used by the shop for the

display of items.




                                            Page 4

Page 9

Photograph-Display area in front of

Sustainable Planning Act

Section 367 of the Sustainable Planning Act 2009 defines a permissible change for a development
approval as:

         (1)A permissible change, for a development approval, is a change to the approval that
        would not-


        (a)result in a substantially different development; or
        (b)if the application for the approval were remade including the change-
                          (i) require referral to additional concurrence agencies;
                           or

                        (ii) for an approval for assessable development that previously did not
                        require impact assessment-require impact assessment; or
        (c)for an approval for assessable development that previously required impact
        assessment-be likely, in the responsible entity’s opinion, to cause a person to make a
        properly made submission objecting to the proposed change, if the circumstances allowed;
        or

        (d)cause development to which the approval relates to include any prohibited development.

The proposal is considered to comply with the requirements of the Sustainable Planning Act as
detailed below:


        (a) result in a substantially different development;

             The proposed restaurant outdoor dining and shop display areas are consistent with the
             existing approval and uses on site and do not result in a different development form. No
             new building works are proposed on site.



        (b)if the application for the approval were remade including the change-
                          (i) require referral to additional concurrence agencies;
                           or




                                                Page 5

Page 10

                         (ii) for an approval for assessable development that previously did not
                         require impact assessment-require impact assessment; or

             No concurrence agencies would be triggered by the proposal and the level of
            assessment has not altered.


        (c)for an approval for assessable development that previously required impact
        assessment-be likely, in the responsible entity’s opinion, to cause a person to make a
        properly made submission objecting to the proposed change, if the circumstances allowed;

            It is unlikely that a person would make a submission objecting to the proposed change
            as thepremises are currently approved for retail and dining purposes and the proposed
            outdoor dining and shop display areas are consistent with the expected character of the
            area.    The new outdoor dining areas associated with tenancy 6 are located in an
            existing paved area to the east of the existing building. It is noted that this new outdoor
            dining area is enclosed by a new vertical green wall and in an existing paved outdoor
            area that is overlooked by three storey holiday units. As indicated by the photographs

            below, the adjoining units to the east are screened by existing vegetation and both unit
            developments have limited openings and decks to the proposed outdoor dining area.



                                      ~....     j,,’r:>
                                      ~...~....:.I
                                                                  I

                                                         .,   I
                                  I              _..r!




            Photograph 6 adjoining units to the east
                         -




       (d)cause development to which the approval relates to include any prohibited development.

            Not prohibited development.


The proposal is therefore considered to be able to be considered as permissible change.




                                                         Page 6

Page 11

Noosa Plan


The site is included in the Noosa Heads Locality and the Visitor Mixed Use zone which supports a
range of unit and commercial development. The proposed use of the site for the additional outdoor
dining areas and shop display areas is consistent with the intent of the zone and provides a rich,
vibrant and active streetscape desired for the area. The areas proposed to be used for outdoor
dining are currently hard paved and relate to the adjoining commercial premises and for tenancies 1
and 7 represents areas currently used for outdoor dining and display.


The area to be used for outdoor dining associated with tenancy 6 is also hard paved and currently a
’dead’ space within the complex. The use of this area adds variety to the site and overall street as
well as aiding in encouraging shoppers to the interior portion of the site.


The proposal is considered to fully comply with the Outcomes of the zone which include:


          iii contributes to a high level of residential amenity, design quality, landscape quality and
          safety;

          iv respects the scale and character of the streetscape and surrounding development;


          v enhances the traditional focus for Visitor accommodation in the coastal                        part of Noosa;

          vi incorporates Entertainment and dining businesses, Retail businesses and Commercial
          businesses that are of particular interest to visitors;


          vii contributes to the economy of Noosa through the tourism and hospitality sectors;



Column 1    -
                Specific Outcomes           Column 2 Probable solutions                 Proposal Response

049 Mixed-use development,                  S49. 1 No development has a non-            Complies    -
                                                                                                        Existing proposal does not
incorporating Visitor accommodation, is     Residential Use component of more           alter existing ratios substantially.
designed and operated to ensure             than 20% of the gross floor area on the
Business Uses and Community Uses            site;
do not have any adverse impact on the       AND
amenity enjoyed by residents and            S49.2 No single Business Use has a          Complies
visitors, including impacts associated      use area in excess of 300m2;

with-                                       AND
a) visual and acoustic privacy;             S49.3 Business deliveries are               Complies- proposal       able   to   comply
b) safety and security; and                 undertaken only between the hours of        with requirements.
c) lighting                                 6am to 7pm;
                                            AND
                                            S49.4 Business Uses operate only            Complies- proposal       able   to   comply
                                            between the hours of tam and 9pm            with requirements.
                                            with the exception of Entertainment and
                                            dining business, which may operate
                                            until2am.
                                            AND
AND
050 The character and amenity of the        S50.1   Residential Uses    are   located   Complies- ground floor uses comprise
street is protected through-                above the ground floor level                shops, restaurants and outdoor dining
a) a single access point to the                                                         areas. The proposed outdoor dining

development;                                                                            areas provide alfresco areas to the

b) dense street planting and a variety of                                               area with  the outdoor shop display
alfresco dining and sitting areas serving                                               adding colour and vibrancy.
as local meeting places;

c) small separate buildings, rather than
large single bulking buildings; and
d) uses on the ground floor level being
Business Uses such as shops, cafes,
restaurants that create active building
fronts,   with     accommodation    units
located above.
Entertainment and dining business
Uses
051 Entertainment and dining                S51.1      Entertainment    and    dining   Complies    -
                                                                                                     Outdoor dining areas and
business uses are designed to avoid:-       business    uses   do not include drive-    display   areas   do    not   interrupt
a) creating excessive traffic or amenity    through facilities for purchasing food or   pedestrian flow.
impacts on Hastings Street; or              alcohol.


                                                               Page 7

Page 12

b) interrupting the pedestrian flow along
footpaths.
 Streetscape & character
 056 Development-                            S56.1 Ground floor uses have at least     Complies
 a) respects and complements the             50% transparent glazing to shopfronts
 existing neighbourhood character;           to create active street fronts.
 b) addresses the street and contributes
positively to the streetscape;
 c) incorporates attractive and
 contemporary designs;
 d) contributes positively to the skyline
 with pitched roofs;
 e)provides variation and vitality in
 setback alignment;
 f) incorporates outdoor dining or
landscaped areas;
g) includes covered pedestrian
entrances to premises;
h) varies in line and plane;
i) employs landscape designs in front
building setback areas and footpath
areas that are in character with existing

streetscape themes;
j) provides for a variety of balconies,
verandas, railing treatment and
awnings but with limited covering of
pedestrian areas;
k) uses a variety of building materials to
add to the diversity and visual interest
within the streetscape; and
I) provides separate entrances for
Business Uses and Residential Uses
within the one building.


The proposed extensions are consistent with providing an active street front to Hastings Street.


Landscaping

The existing approval over the site 12506TC indicates that the current development form provides
3053m2 landscaped open space on site which complied with relevant scheme requirements. This
proposal now seeks to utilise 151 m2 of existing hardscape area for outdoor dining and display
purposes.

As indicated above the areas proposed to be utilised for outdoor dining and display are currently
paved    and in relation to the Aromas and Chemist areas                    are      currently being utilised for such
purposes.


The use of these hardscape areas does not impact on the central courtyard        area and provides

vibrancy to the street and centre. These hardscape areas whilst providing open space did not
provide any greenery or vegetation to the area. To ’replace’ the calculated open spaces areas the
applicant has constructed a 80m2 vertical green wall and proposes a further green wall of 31 m2 on
the site. These green walls provide soft landscaping and greenery to the site and are a positive
contribution to the site. The photographs below demonstrate the ability of the green walls to soften
and contribute positively to the overall area.




                                                          Page 8

Page 13

The reduced landscaped open space is considered to comply with the Specific Outcomes of the
Landscaped Code as detailed below:

     Streetscape and amenity
     01 Sufficient landscaped areas are provided t~
     a) enhance the visual amenity and natural landscape character of the area, streetscape and
     local area;


     As indicated by the photographs above, the existing and proposed green walls enhance the
     area and soften the  existing hardscape on site. These walls are proposed to be located in an
                                                       comprises expansive hard surfaces. The
     area that is off the street, is not well utilised and

     green walls effectively soften the visual amenity of this area.


     b) retain natural landscape features, such as rock outcrops and existing large trees;

     The areas of landscaped open space that are to be used for commercial purposes are hard
     paved areas and all existing vegetation on site is to be retained.

     c) retain existing native vegetation and enhance buffer areas around property boundaries;

     The proposed green walls will provides additional green space to the existing hardscape on
     site.


     d) suit the relative size and nature of the development and its setting;

     The proposed green walls have a total area of 111 m2 and effectively replace the area of
     hardscape reduced by the application. The green walls are an innovative and unique feature
     for the site.


     e) reduce the visual impact of large or bulky structures and fencing along watercourses; and

     Not applicable   -
                          not along a watercourse.

                                                  Page 9

Page 14

      f) conceal service, carparking and loading areas of developments;

      The green walls soften the appearance of the rear service area and direct patrons to
      amenities areas to the rear of tenancy 6. Clear directional signs and lighting to the amenities
      area will be   provided.

      g) screen incompatible land uses; and

      The loss of the hardscape area from landscape calculations does not impact on the overall
      presentation of the existing development on site.

      h) provide privacy between any dwelling units and accommodation units on and adjoining the
      site to a height and density appropriate to the scale of the development.


      Existing adjoining development is three storeys in height and is generally not orientated to
      overlook the commercial areas of the subject site.  Existing setback vegetation will be
      retained.


Carparking

The proposal has been assessed against the Driveway and Carparking Code.               It is noted that no
additional carparking is required for the change of use from a shop to a restaurant for tenancy 6 as
the approved shop and outdoor dining area would have been assessed for 8 carparking spaces
whereas the restaurant would now only require 6 spaces based on an estimated use area of 54m2
excluding the kitchen and storage area.

Carparking for the additional outdoor dining areas for tenancy 6 and 7 is based on:


      Type 1 Food & Beverages 1 space per 10m2, or part thereof, of use area and outdoor dining
      area (excluding kitchen and food storage areas) on the property except where located within
      the Business Centre Zone, Neighbourhood Centre Zone or Village Mix Zone where 1 space
      per 20m2applies.

An additional 130m2 of outdoor dining space is proposed which equates to 13 spaces required for
the development.


One additional space is required for tenancy 1 based       on an   additional display area of 19m2 as
indicated by the requirements for shops below:


      Type 2 Shop and salon 1 space per 20m2, or part thereof, of use area for areas up to 100m2
      (excluding outdoor dining area);AND
      1 space per 15m2or part thereof of use area for areas in excess of 100m2(excluding outdoor
      dining area); AND
      1 space per 10m2or part thereof of any outdoor dining area on the property.


Therefore a total of 14 spaces are required to be provided under the Noosa Plan requirements. No
additional carparking is able to be provided on site, however the proposal is considered appropriate
and compliant with planning scheme intentions for Hastings Street of providing an a vibrant and
active tourist area.The proposal does not negatively impact on the function of the street and
enhances the vibrancy of the area especially in the current economic climate.


It is not considered reasonable to levy the full contribution in lieu of the provision of carparking for
the 14 spaces as:


         .   The outdoor display area does not generate a need for additional staff
         .   The outdoor dining area of Aromas does not generate a need for additional staff
         .   Most wait staff walk, utilise public transport or cycle to work and do not drive cars
         .   Most visitors to Hastings Street park and then visit multiple tenancies
        .
             Many visitors to the site will be from existing accommodation premises in the street and
             therefore do not require carparking


                                               Page 10

Page 15

          .
              Existing carparking is available of site for visitors to the site
          .   The site is well located to public transport and pedestrian pathways
          .   Councils strategy is to encourage alternative forms of transport rather than providing
              more   carparking spaces.

The applicant therefore requests that Council only requires a contribution for 2 spaces.



4. CONCLUSION


The proposal is considered to be a permissible change and is consistent with the provisions of the Noosa
Plan. The use of the existing paved areas on the site for outdoor display and outdoor dining combined with
the green walls enhances and       provides interest and vibrancy to the complex.   The applicant seeks
Council support for the proposal.


The attached development application includes:


           .
                four (4)copies of the proposal plans prepared by Martoo Consulting.
           .
                a completed Council form; and
           .
                a cheque for $5306.00 which is understood to be Council’s application fee.



The Assessment Manager’s favourable consideration of the above development application is therefore
recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.



Yours sincerely




     ~~O-
Nadine Gorton
Senior Town Planner
Martoo Consulting pty. Ltd.




                                                   Page 11

Page 16

\   .




                                                  Attachments



        Attachment 1   Proposal Plans
                       -




                                        Page 12


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Attachments

 

Attachment 1 — Proposal Plans

Page 12

Page 17

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                      Sunshine Coast:
                                                 R.P.D                       .~.   DEVELOPMENT
                                                                                                     )’               PROJECT                     ..-:-
                      13/6 Boltlebrush Avenue
                                                                             ...   SUMMARY               .
                      P,O,Box 1684
                      Noosa Heads QLD 4567
                                                  Lot 1, 6 & 7 on SP120366
                      Ph: 07 54555425
                                                                                                                    Proposed Additional Exclusive Use     Scale:            Date:

martoo                Fax: 07 54555725
                                                  6-32 Hastings Street,
                                                                                                                    Areas                                 1:200 (A3)        29/01/2013
                      Gymple:
consulting -          38 Nash Street
                                                  NOOSAHEADS
                                                                                                                    Applicant:                            Drawn By:
            pty Itd   P,O, Box 391                                                                                  Never Holdings Pty LId                LM   -
                                                                                                                                                                   MARTOO CONSULTING
town planners +       Gympie QLD 4570             Local Aulhority:
                      Ph: 07 54827440             SUNSHINE COAST                                                    Detail:
urban designers       Fax: 07 54824952                                                                                                                    Reference No,:            Sheet No,:
                                                  REGIONAL COUNCIL                                                  Locality Plan                         D-C01376-01-B             1of2
+
    surveyors

Page 18

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                                                                                                                                                   HASTINGS STREET
                        ~                                                                                                                             KERB & CHANNEL




                                                                        PROPOSED EXCLUSIVE
                                                         .--
                                                                        USE AREA          (19m2)
                        ,       \                                                    ..........h   ............
                                                                                                                  ,                                                                                 ~I i:::::i:i::t::::m:::::lIliI:Illli::::;i::::ilIlli::::i:tIttillIl:t.III::::il111111IIIIfit:
                                 t{;:;:::;:;;:;;;;}:;:::;};::::;;;;{;;:;;r:                                           o                        o
                                                                                                                                                                                                    8 :l1:1Jt:it!tttii:t:i:it:i.1I:: f:rJk~VfjgZ%JttttIIIfIfIft
                                                                                                                                                                                                                          ;;:::0;;:;:;;;:;;:;;:;;;;;:;;;:;:;;;;;:;:;;;:;;;:;;;;;;;:;;;:;;:;;;;:;:;:;;;;;;;:;{;;;:;a:;:;:;:;:;:;:;:;:;:;:;:;;;:;:;;;::;::;:;;;:;;;:;:;:;;;:;:;;;:;::;;:;:;:;:;:;:;:;;:::?’:

                                    111,:11111                                                                                                                                                      [WATERl1                                                                         it’ jS’if \?~ ~z:;; i AT?


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                                    j::::ittttttt:::::if::::::::;:
                                                                                                                                                         COMMON PROPERTY
                                                                                                                                                           CTS "LAGUNA ON
                                                                                                                                                          HASTINGS ARCADE"
                                                                                                                                                                                                    ~~~
                                                                                                                                                                                                    I
                                                                                                                                                                                                                          l!il!I! :"                                                                                                                                                                                          SP/20366
                                                                                                                                                                                                                                                                                                                                                                                                                                        8


                                                                                                                                                                                                                                                                                                                                                                                                                                                                               9

                                                                                                                                                                                                                                                                                                                                                                                                                                                                            SP120366

                                                                                 /
                                                                                                                                                                  (SP120J66)
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                                                                                                                                                                                                                                                                                                                                            7

                                                                              SPIP0366
                                                                                                                                                                  PROPOSED EXCLUSIVE
                                                                                                                                                                      USE AREA
                                                                                                                                                                                 (56m2)---r==-.
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                                                                                                                                                                                                                          ::::.ci:::::::::::::.::::::::’::::::::::.:                                                                                                                                                                                                                       o
                                                                                                                                                                                                                                                                                                                              , PROPOSED VERTICAL GREEN WALL
                                                                                                                                                                                                         WATER
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                                                                                                                                                                                                                                                                                                                                                                                                             .................1..............................


                                                                                                                                                                                                                                                                        ;:;:;: : : :; ;:;:;:;:;:;:;:;:;:;:;: :;:;:;:;:;:;:;                                                                                  ..:..::::......::..::::::::::::::::..::::::..::..:..::::...




                                                                                                                                                                                                                                                                        ;:;;;;;;;:;}}4}}:::;;;;}:j                                                                                                           :a SWiiJj:[email protected]
                                                                                                                                                                                                                                                                                                                                                                                                                                                                           PROPOSED
                                                                                                                                                                                                                                                                                    LEXCLUSIVE USE                                                                                                                                    ~:~:}~:~:~:~:~{{{:}f~:~:~:~:.;::;:   EXCLUSIVE
                                                                                                                                                                                                                                                                                                                              AREA 6A
                                                                                                                                                                                                                                                                                                                                                                                                                                     ’Ifbl:t:~i.                           USE AREA    I
                                      \                                                                                                                               _j                                              r--

                                                                                                                                                                                                                                                                                                                                     6
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            (76m2)              ~




                                             \
                                                                                                                                                                                                                                                                                                                          SP/20366

                                                                                                                                                                                                                                                                                                                                                                                                                                     111111                                                     I
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ~
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                                                                                                                                                                                                                                                                                                                               _------------OJ                                                                            I111
                                                                                                                                                                                                                                                                                         -------                                                       ACCESS
                                                                                                                                                                                     L                                                                  ------                                                         AMENIllES
                                                                                                                                                                             PROPOSED OPENING IN
                                                                                                                                                                                                                    .\                                                       PROPO""                  "’’’D


                                                                                                                                                                                   EXISTING WALL




          IMPORTANT NOTE:
                                                                                                                                                                                                                                                                                                                                                                                                                         Scale 1 :200                          -
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Metres.
          This plan was prepared for Never Holdings pty Ltd as a proposal plan to accompany a
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           ~
          development application to Sunshine Coast Regional Council and should not be used for any
          other purpose. The dimensions, areas and total number of lots shown hereon are subject to                                                                                                                                               10                                                                                                                                                0                                                                            10                                               20
          the issue of all relevant development permits by Sunshine Coas Regional Council; a field                                                                                                                         \
          survey by a Consulting Cadastral Surveyor and also any additional requirements of Sunshine                                                                                                                                                                                                                                                                              .

          Coast Regional Council and any other authority which may have requirements under any
          relevant legislation. In particular, no reliance should be placed on the the information on this                                         Sunshine Coast:
                                                                                                                                                                                 R.P.D
                                                                                                                                                                                                                         ..(.                                          DEVELOPMENT                                                                                       )r              .
                                                                                                                                                                                                                                                                                                                                                                                                                       PROJECT                                               ..-:-
                                                                                                                                                   13/6 BottJebrush Avenue                                                                                             SUMMARY
          plan for any financial dealings involving the land. This note is an integral part of this plan.                                          P.O.Box 1684
                                                                                                                                                                                 Lot 1,6 & 7 on SP120366
                                                                                                                                                   Noosa Heads OLD 4567
          Boundaries of Building Format Lots 1-3, 6-9 are the centreline of walls (not defined by                                                  Ph: 07 54555425                                                                                                                                                                                                                                                      Proposed Additional Exclusive Use                                  Scale:            Date:
          dimensions) and have been plotted by scaling from SP120366 only.                                                martoo                   Fax: 07 54555725              6-32 Hastings Street,
                                                                                                                                                                                 NOOSAHEADS
                                                                                                                                                                                                                                                                                                                                                                                                                        Areas                                                              1:200 (A3)        29/01/201

          Boundaries of existing exclusive use areas have been plotted from sketch plan "B" contained in                  consulting     _         Gymple:
                                                                                                                                                   38 Nash Street                                                                                                                                                                                                                                                       Applicant:                                                         Drawn By:
          the Community Managemant Statement for the "Laguna on Hastings Arcade" Community Titling                                   pty Itd       P.O. Box 391                  Local Authority:                                                                                                                                                                                                                       Never Holdings pty Ltd                                             LM   -
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MARTOO CONSULTING
          Scheme. As the dimensions on the sketch are related to building elements which have been                        town planners +          Gympie OLD 4570               SUNSHINE COAST
                                                                                                                                                   Ph: 07 54827440
          altered this the sketch was prepared, the outline of the exclusive use areas is approximate only                urban designers                                        REGIONAL COUNCIL                                                                                                                                                                                                                       Detail:                                                            Reference No.:            Sheet No.:
                                                                                                                                                   Fax: 07 54824952
                                                                                                                          +
                                                                                                                              sUNeyors                                                                                                                                                                                                                                                                                  Proposal Plan                                                      D-C01376-01-B             20f2

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