Minor Change Council Report MCU16 0079.03

MCU16/0079.03 – REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR 5 MEMORIAL DRIVE, TEWANTIN

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU16/0079.03

Attachments	1. 	Proposal Plans
2.	Comments by WBP Architects

APPLICATION DETAILS
Application No.	MCU16/0079.03
Development Approval	Development Permit for Material Change of Use of Premises - Extension to existing RSL Club
Applicant	Rubicon Design and Construct
Request Received On	4 February 2019

PROPERTY DETAILS
Property Address	5 Memorial Avenue, Tewantin
RP Description	Lot 10 on SP 273411
Land Area	6,116m2
Existing Use of Land	Tewantin Noosa RSL Club

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin and Doonan
Zone	Community Services
Overlays	Natural Hazard Overlay (Bushfire & Acid Sulphate Soils)
Assessment Type	Minor Change to Development Approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 9 April 2019 regarding Application No. MCU16/0079.03 to make a minor change to an existing approval for extensions to the RSL club situated at 5 Memorial Avenue, Tewantin, described as Lot 10 on SP 273411 and:
A.	Refuse the change for the following reasons:
In accordance with architectural commentary at the time of the assessment of the original application the screens are required to reduce the impact of the building and provide visual interest to the building and streetscape.
The building form presents as a back of house/ service area to Pelican Street with limited opportunity for landscaping to screen the building. The proposed presentation to Pelican Street is not an appropriate response to the local streetscape and is not reflective of the Tewantin character.
The screens are required to ensure the building meets the overall specific outcomes of the Tewantin and Doonan Locality Code.
B.	Consider the amended colour on the louvres as Generally in Accordance with the original approval.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant has recently completed construction of extensions and renovations to the existing RSL club on the site, which were approved by Council in February 2017. A recent inspection of the site by Council staff revealed that the external appearance of the building was not in accordance with the conditions of approval with regard to the provision of timber look aluminium screens that were specifically included as part of the approved plans to address concerns with the appearance of the proposed building.
The applicant is requesting to amend the approved plans in order to be consistent with what has already been implemented on site. In this regard, the applicant seeks to amend Condition 2 and include amended plans that reflect the building façade without the approved louvres and screening.
A copy of the proposal plans are included at Attachment 1.
background
The Tewantin Noosa RSL has been located on the site for a number of years, with the original building occupying the land fronting Poinciana Avenue, being Lot 3. Since that time, the RSL has continued to grow in response to community need. The current development approvals for the existing RSL are briefly described below:
TPC 1894 – Dining Room (Caterer’s Room) an Extension to Existing RSL;
TPC 2782 – Extensions to Existing RSL Club;
R 473 – Rezoning from Special Use – Church to Special Facilities RSL Club in accordance with a Plan of Development;
3B-388 Special Facilities (RSL Club in accordance with the Plan of Development);
1043 TC – Tewantin Noosa RSL and Citizens Memorial Club – Liquor Sales Area & Ancillary Changes;
MCU16/0079 - Development Permit for Material Change of Use of Premises - Extension to existing RSL Club.
MCU16/0079.01 – An amendment to the existing approval was approved by Council on 29 August 2017 primarily relating to changes to the internal floor layouts and the roof form.
MCU16/0079.02 – An amendment to the existing approval was approved by Council on 22 May 2018 which increased the number of gaming machines from 180 to 195 machines.
The most recent Material Change of Use application (MCU16/0079) related to significant extensions and alterations to the RSL Club proposed along the Pelican and Doonella Street frontages of the site. During assessment of MCU16/0079, significant concerns were raised with the proposed building’s street presentation in terms of bulk, amenity and setbacks which resulted Council engaging an architectural consultant to review the proposal plans.
A locality plan of the site is provided below:

Figure 1 – Site Location
assessment
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;
Planning Regulation 2017;
The Noosa Plan.
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 substantially different development as the use and built form are not significantly altered;
the change does not include prohibited development;
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.
Statutory Instruments – Planning Scheme
The applicant seeks to amend condition 2.
Condition 2 Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
1620/DA/1.02	D	Existing/Demolition Ground Floor Plan	15/05/17
1620/DA/2.01	P	Proposed Basement Plan – Stage 4	28/07/17
1620/DA/2.02	L	Proposed Ground Floor Plan – Stage 4	28/07/17
1620/DA/2.05	K	Proposed Roof Plan – Stage 4	28/07/17
1620/DA/3.01	G	Sections – Stage 4	28/07/17
1620/DA/4.01	K	Elevations – Stage 4	28/07/17
1620/DA/5.01	G	Landscape Concept Strategy – Plan	28/07/17
1620/DA/5.02	E	Landscape Concept Strategy	28/07/17
For clarity, in regard to Plan No. 1620/DA/2.02 Rev. L Proposed Ground Floor Plan – Stage 4 dated 28/07/17 the maximum number of gaming machines is limited to 195 machines.
Applicant’s Request
The applicant requests that condition 2 be amended to reflect the building façade as constructed on site. The applicant states:
As seen below, the current Pelican Street façade of the RSL building is considered to be generally consistent with the stamped plans referenced within the decision notice. Whilst the timber look aluminium louvres are slightly different to that approved by Council, the chosen materials are still considered to be in keeping with the heritage character of Tewantin and thus complies with Condition 12 of the decision notice.

Figure 2  – Applicant’s Photograph of Existing Screens and Treatment.
In addition, it is acknowledged that the Pelican Street façade does not include the additional louvers as illustrated within the stamped approved plans. Following DA approval, the construction estimates resulted in the need for cost saving measures. It was determined that the additional louvers along Pelican were not required as they were to be solely used a cosmetic feature, unlike the louvers used for the adjacent smoker’s area which provided a barrier between the patron area and the street frontage.
Given the land owner and operator is a not-for-profit entity it is considered to be unreasonable to enforce the implementation of the additional louvers when they serve no other purpose than being a cosmetic feature.
The applicant considers the building façade to be in keeping with the heritage character of the area and has included a commentary plan prepared by WBP Architects included in Attachment 2 that outlines the difference between the approved plans and the current façade. An extract of this comparison is detailed below.

Figure 3 – Extract of Applicants Comparison
Assessment of Request
It is agreed that the aluminium screens installed around the smoking area are in keeping with the intent of the approved plans and reflect the appearance of timber battens. Whilst the finish of the screens is more reflective than originally envisaged, the subdued colour is sympathetic to the building and the surrounds and can be considered in accordance with the conditions of approval.
The applicant’s request for deletion of the screens approved to the eastern façade however is not supported. During assessment of the original application, significant concerns were raised with regard to the bulk and scale of the development especially with regard to the treatment of the street frontages. Council engaged an architectural consultant to review the plans and a number of revised plans were submitted. The second peer review of the proposal plans by Council’s architectural consultants included comments:
the introduction of additional materiality, screening services, battening with a timber appearance and the deletion of one set of stairs has improved setback treatment;
the introduction of different materials in response scheme has assisted in breaking up the perception of the podiums bulk when viewed from Pelican and Doonella Street.
The requirement for the screens was therefore a direct result of architectural comments that these screens were significant in reducing the impact of the building, breaking up the form and providing visual interest to the building and streetscape.
The current streetscape presentation to Pelican Street includes a sealed driveway entrance of over 9 metres in width that provides a direct view to the eastern façade of the building which has limited articulation as demonstrated in figure 4 below. The building form presents as a back of house/ service area to Pelican Street with limited opportunity for landscaping to screen the building. This presentation to Pelican Street is not considered an appropriate response to the local streetscape and is not reflective of the Tewantin character which provides for smaller building forms with high levels of detail.

Figure 4 – Photograph of Pelican Street Streetscape Presentation
It is also noted that a number of setback concessions were granted as part of assessment of the original application and were linked to the use of additional materials, landscaping and screens and battens to break the bland, bulky building form.
The applicant’s submission is not supported.

draft planning scheme
The Draft Planning Scheme includes the site in the District Centre zone and the RSL use is a consistent use in the zone. The purpose of the District Centre zone includes outcomes that relate to design including:
Development has a high level of architectural merit and contributes positively to the activation of the street and the character of the centre.
Development reinforces the traditional ‘main street’ character and scale of development in the centre;
Development facilitates the creation of vibrant and safe business centres, with attractive and functional buildings and streets with integrated high amenity public spaces
Performance outcomes also include specific requirements relating to building design and streetscape including:
Frontages to public streets or other public or semi-public spaces are articulated with vertical elements to emphasise a finer-grain and human scale to the building frontage;
Variations in the treatment and patterning of windows, sun protection and shading devices, or other elements of a façade treatment at a finer scale than the overall building structure
conclusion & reasons for decision
The applicant’s request to amend the approved plans to enable removal of screens that were required to provide articulation to the façade of the building is not supported. The screens were considered by architectural consultants to be an important component of the overall fabric of the building and were required to assist in reducing the overall scale and bulk of the development. Due to the existing driveway access, there is limited opportunity for landscaping to screen the area and the screens are required to provide additional articulation and detail to this area. The request to change the appearance of the louvres however is supported and considered to be Generally in Accordance with the approved plans.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services		Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service		Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	9 APRIL 2019

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