Council Planning Report MCU17/0054

MCU17/0054 - Development Permit for Material Change of Use of Premises - Retail Business Type 2 – Shop, SALON & Entertainment & Dining Business Type 1 - Food & Beverages AT 11 – 19 HILTON TERRACE, TEWANTIN

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU17/0054

Attachments	1.	Design and Landscaping Plans
2.	Infrastructure Agreement

APPLICATION DETAILS
Applicant	Tewantin Retail P/L
Proposal	Development Permit for Material Change of Use of Premises - Retail Business Type 2 - Shop & Entertainment & Dining Business Type 1 - Food & Beverages
Properly Made Date	25 May 2017
Information Request Date	19 June 2017
Information Response Date	4 July 2017
Decision Due Date	16 November 2017
Number of Submissions	0

PROPERTY DETAILS
Property Address	11 – 19 Hilton Terrace Tewantin
RP Description	Lot 2 RP 152351 Lot 3 RP 152351 Lot 4 SP 133160
Land Area	3662m²
Existing Use of Land	Mixed use retail and industrial

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin & Doonan
Zone	Neighbourhood Centre
Overlays	Natural Hazards Overlay – Flood hazard Natural Hazards Overlay – High Potential Acid Sulfate Soils
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Coordinator Planning to the General Committee Meeting dated 13 November 2107, regarding Application No. MCU17/0054 for a Development Permit for Material Change of Use of Premises - Retail Business Type 2 - Shop & Salon and Entertainment & Dining Business Type 1 - Food & Beverages, situated at 11 – 19 Hilton Terrace, Tewantin and:
A.	Approve the application subject to the following conditions
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
DA-07.1216.2D	D	Site Plan/Floor Plan prepared by Andrew McKellar Design	14.06.2017
DA-07.1216.3D	D	Roof plan prepared by Andrew McKellar Design	14.06.2017
DA-07.1216.4D	D	Elevations prepared by Andrew McKellar Design	14.06.2017
DA-07.1216.5D	D	Sections prepared by Andrew McKellar Design	June 2017
DA-07.1216.6D	D	Sections prepared by Andrew McKellar Design	June
Nature and Extent of Approved Use
The approved use must not operate outside the hours of:
6am to 10pm Monday to Thursday
6am to 12pm Friday and Saturday
6am to 10pm Sunday or any public holiday
The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
The outdoor dining areas must not exceed 30m2 and 35m2 as shown on the approved plans and must not be used after 10pm each night.
The approved uses must not cause nuisance as a result of noise emission.
Entertainers or speakers used to amplify noise must not be located in any outdoor, verandah, patio, footpath or beer garden area of the premises.
Building Appearance
Ground floor shopfront glazing along the frontages must be fully transparent to a minimum of 65% of the street frontage to allow passive surveillance and encourage social interaction, and must be provided at full height (floor to ceiling).
The external finishes of the building must include a mix of materials, variation in roof form and extensive eaves as shown on the Approved Plans.
All mechanical equipment and other service infrastructure located on the site must be:
located not less than 2 metres from a property boundary
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
Soil Contamination
As part of any Operational Works application for the site a detailed site contamination assessment report prepared by a suitably qualified and experienced person in accordance with the procedures and practices detailed in the National Environment Protection (Assessment of Site Contamination) Measure 1999 (NEPM) is required.  The report must conclude:
whether the site is suitable for the proposed new use/development (with and without remediation and/or management);
whether any site contamination is causing, or is likely to cause, ‘environmental harm’ (as defined under the Environmental Management and Pollution Control Act 1994); and
whether any site contamination presents an occupational health and safety risk to workers involved in redevelopment of the site.
If the site contamination assessment report concludes that remediation and/or management strategies are necessary to avoid risks to human health or the environment, a proposed remediation and/or management plan must be submitted to Council prior to the commencement of building works.  Any remediation or management plan involving soil disturbance must include a detailed soil and water management plan to prevent off-site transfer of potentially-contaminated soil or stormwater.
NB: It is mandatory for any contaminated land investigation documents, including investigation reports, validation reports and draft site management plans to be certified by an approved auditor and must have approval from the Department of Environment and Heritage and Protection (DEHP). DEHP have list of approved auditors.
Site Access and Driveways
A sealed access driveway must be provided from Ernest Street and Earl Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
driveway crossovers in accordance with Council’s standard drawing RS-051
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the driveways to warn motorists of pedestrian movement along the street frontages
All vehicles must enter and leave the site in a forward direction.
Car Parking
A minimum of 38 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
pedestrian routes in accordance with the approved plans
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
1 disabled parking space/s within the total
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
regular access for a Waste Collection Vehicle
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 6am to 6pm Monday to Saturday and not at all on Sundays or public holidays. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Internal pedestrian footpaths in accordance with the approved plans
a total of 12 bicycle parking spaces
end of trip facilities involving 12 lockers, 1 male and female shower and change rooms.
Public Safety
All ground floor shopfront glazing must be protected against vandalism by the use of a form of safety glass such as toughened or laminated glass.
During operating hours, all parking areas, pedestrian areas and entrances/exits to all stairwells, foyers and public toilets must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.  Lighting must be designed to reduce the contrast between shadows and well lit areas. In particular, appropriate security lighting must be provided in the location shown at the corridor servicing the toilets and change room.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Landscaping Works
The development site must be landscaped prior to the commencement of use. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
the landscape areas shown on the approved Site Plan/Floor Plan prepared by Andrew McKellar Design dated 14.06.2017.
a minimum 2-metre-wide landscaping strip along the Ernest and Hilton road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items.
Any retaining walls must be setback from the front boundaries as shown on the Approved Plans and screened with landscaping. Landscaping plans must clearly show any retaining structure and adequately demonstrate how these structures will be permanently screened with native vegetation.
all letterboxes located inside the development or in a position which does not visually dominate the frontage.
details of the rendered wall finish on the Hilton terrace frontage, which can include stone facing or other natural looking finishes and complement the proposed landscaping.
sub-terrain tree planting area demonstrating at least 4m³ area of structured soils per tree is available for root growth and is not subject to compaction.
Provision of 100L Melaleuca quinquenervia along the frontage
Details and depths of all landscaping soils, especially where subject to compaction relating to filling of the site.
Plant selection generally as shown on the landscape documentation.
Bio-basin landscape plants must include a mixture of at least five of the following species for planting in the bio-retention basin extended detention surface at a minimum density of 8 plants/m²:
Carex appressa
Carex fascicularis
Ficinia nodosa
Juncus usitatis
Lomandra longifolia
Ghania sieberiana
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with the submitted Stormwater Management Plan - Revision A dated 19 April 2017, prepared by Switchback 48 Consulting.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property. Plans submitted for the Operational Works approval must include calculations in accordance with Queensland Urban Drainage Manual for any overland flow discharge areas to confirm that scour will not result from the development.
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the Bio-retention Technical Design Guidelines (Water by Design, 2012), and must include in particular:
stormwater quality treatment devices of a size and location of 30m2 plus 25m2 generally in accordance with those shown in section 2 of the of the Stormwater Management Plan for 11-19 Hilton Terrace Tewantin by Switchback Consulting, dated 19 April 2017.
Bio-retention devices which:
are designed generally in accordance with the Water by Design Technical Design Guidelines for bio-retention basins
are provided with a free-draining outlet from the sub-soil drainage system
swales which are designed in accordance with the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland
have batters around the entire perimeter, or where demonstrated that is not feasible, have retaining structures only of the maximum size recommended within the Water by Design Technical Design Guidelines for bio-retention basins.
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) - Maintaining Vegetated Stormwater Assets (Version 1). A copy of this document must be retained on the site together with the approved Operational Works drawings for the stormwater quality treatment system and a detailed life cycle costing of the system attached as an addendum. Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Any proposed Community Management Statement required for the development must include the Water by Design (2009) – Maintaining Vegetated Stormwater Assets (Version 1) document and must include the full cost of maintaining the system in accordance with that document.
The applicant must submit plans for approval with the operational works application for the inclusion of educational signage or stencilling to be incorporated within the development to ensure patrons are reminded to minimise waste and place it in bins.
Stormwater Harvesting
Operating underground stormwater harvesting tanks must be provided for the development. The tanks must be provided in accordance with an Operational Works approval and must include in particular:
a total tank capacity of a size suitable to maintain expected non-potable and outdoor uses for a 2 month period without rain.
a minimum catchment of 50% of the building roof area.
re-use of harvested rainwater for internal non-potable uses and outdoor uses.
Certification must be submitted to Council from a qualified person which certifies that the rainwater collection tank/s and associated reticulation has/have been installed in accordance with the requirements of this Decision Notice.
Acid Sulfate Soils
All works must be carried out in accordance with an Acid Sulfate Soil and Groundwater Management Plan for the development prepared by a suitably qualified person and referenced in a Development Permit for Operational Works. The Acid Sulfate Soil and Groundwater Management Plan submitted with the application for Operational Works must detail:
Management necessary for the proposed filling to avoid any impacts of the Potential Acid Sulfate Soils identified on the site – in particular impacts related to compacting Acid Sulfate Soils into the groundwater table and releasing water contaminants.
design measures necessary to prevent any oxidation of the potential acid sulfate soils or transfer of acid sulfate soil leachates via dewatering of groundwater through underground pipe bedding material.
Any other matters necessary to prevent the oxidation of potential acid sulfate soils or release of Acid Sulfate Soil related water contaminants.
All waters, including stormwater runoff, groundwater seepage and leachate from acid sulfate soils must achieve the following quality prior to release from the site:
a pH range of 6.5-8.5 pH units
50mg/L maximum total suspended solids concentration
0.3mg/L maximum total iron concentration
0.2mg/L maximum total aluminium concentration
no visible plume at either the point of release from the site or within a waterway
B.	Enter into an Infrastructure Agreement with the applicant that provides for the acquisition of part of the site, compensation for this land acquisition, frontage works being undertaken by Council, demolishing of the existing building and car parking in lieu of 8 on-site car parking spaces.

REPORT
PROPOSAL
This application seeks a Development Permit for a Material Change of Use for a 955m² convenience shopping centre at 11, 15, 17-19 Hilton Terrace, Tewantin. Twelve separate tenancies are proposed within a single storey retail building. The tenancies will range from 60m² to 125m² in area. All existing buildings and accesses are to be removed as part of the application.
The locality and site plans are included below, with design and landscaping plans included as Attachment 1.

Figure 1 – Aerial of the site

Figure 2 – Aerial of the site
Two of the tenancies are proposed to be used for the purpose of Entertainment and Dining Business Type 1 (Food and Beverage), each with an associated outdoor dining area. The remaining tenancies are proposed to be used for the purpose of Retail Business Type 2 (Shop and Salon).
The proposed convenience centre will be accessed from Earl and Ernest Streets. 38 car spaces are to be provided on site and will be situated between the building and the Hilton Terrace frontage. 8 car spaces are to be developed on Hilton Terrace.
Due to the requirement for the floor level of the building to be above the flood level a gradual change of grade from 1.1m AHD at the Hilton Terrace frontage to 2.5m AHD within the tenancies is required.
A mix of materials is proposed for the building including:
DecoBlade wood grain vertical sun slats
Laser cut aluminium screens with powder coat finish
Colourbond trimdeck roofing with a 5 degree roof pitch
Decowood shadowline horizontal cladding
Horizontal fibre cement awning
Rendered and painted block work
Aluminium framed joinery windows
Landscaping is designed to incorporate on site stormwater treatment in bio-retention devices. Pedestrian access ramps are located along all street frontages allowing for pedestrian access to the tenancies in accordance with Disability Discrimination Act requirements.
Waste storage and maneuvering areas are located in the south eastern corner of the site.
The application is before Council due to the significance of the site and the requirement for an Infrastructure Agreement to be entered into. The Infrastructure Agreement is required as Council is upgrading the Hilton Terrace – Ernest Street intersection and these works necessitate the acquisition of 135m² of land from the subject site. Furthermore, the Infrastructure Agreement is required as the frontage works which are usually part of a development approval (kerb and channeling, pedestrian footpath, crossovers etc) and additional works specific to this site and application (on street car-parking bays on Hilton Terrace and relocation of Telstra services) are to be undertaken by Council at the applicant’s expense.
The following images detail the site, elevation and perspectives of the proposed development:

Figure 3 – Proposed site plan

Figure 4 – Proposed elevations

Figure 5 – Perspective of the development

site details
Background
Previous land use and encroachment
The most relevant history of the site relates to the existing building which is situated in the north-eastern corner of the site at the Hilton Terrace and Ernest Street intersection. Historically the building has been associated with a mechanical repairs workshop/service station with an associated petrol tank situated underground in the road reserve. Approximately 22m² of the existing building encroaches into the road reserve.
The underground petrol tank has been removed at which time BP undertook an investigation into soil contamination within the road reserve. Due to the hardstand surface associated with subject site no investigation was able to be undertaken within the site at the time. The investigation identified the presence of some contamination in the soil.
Pre-lodgement meeting
The applicant and Council officers held a pre-lodgement meeting on the 12 January 2017. Council requested that prior to lodgement of an application, a Council appointed architect and the designer review the plans to ensure the best outcome for the site and locality given the prominence of the site at the entrance to Tewantin.
The owner subsequently agreed to Council engaging an architect (nra-co-lab) to review the design plans prior to lodgement and to pay Council for this cost. The peer review suggested improvements to the overall layout and design.
The architect review included recommended improvements to the built form including the roof form, landscaping, location of waste storage areas, pedestrian movement and bicycle parking
The applicant responded to the recommendations and the resultant design which forms the current application has incorporated recommended design improvements.
The pre-lodgement meeting also raised issues about the site’s integration with Council’s capital works plans for the Hilton Terrace and Ernest Street intersection.
Site Description
The site currently includes three separate titles known as 11, 15 and 17 - 19 Hilton Terrace Tewantin.
885m² of shops are situated on 11 Hilton Terrace. A veterinary practice within a 200m² existing timber building is situated at 15 Hilton Terrace and a caravan sales (approximately 500m²) and boat repair workshop (approximately 360m²) are situated at 17 – 19 Hilton Terrace.
The combined area of the three lots is 3,665m². The site is located on a prominent corner adjoining three roads, including Hilton Terrace for 81m to the north; Earl Street to the west for 40m; and Ernest Street to the east for 40m.
The site is relatively flat and is prone to flooding by the Noosa River. The north-western corner of the site is 1.08m AHD and the highest point of the site has a finished floor level of 2.11m AHD in the north western corner.
Existing power poles are located within the Ernest Street and Earl Street frontages. Telecommunications and water are available within the existing road frontages. Stormwater, parking, and kerb and channelling along the frontages are variable at present.
Surrounding Land Uses
North: Hilton Terrace and residential properties containing a mix of dwelling types.
South: Adjoining the site to the south is the United Synergies (not for profit support agency) and Tait Duke House, all Council owned community buildings.
East: Ernest Street and residential properties containing a mix of dwelling types.
West: Earl Street is surfaced for approximately the first 50 metres and then becomes a dirt road which terminates at the southern boundary of the Tait Duke House site
assessment
Instruments for Statutory Assessment
The application was submitted 25 May 2017 and accordingly, is to be assessed under the Sustainable Planning Act 2009. Under the Sustainable Planning Act 2009, the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policy
The State Planning Policy has been deemed by the Minister for Local Government and Planning as appropriately reflected in the Planning Scheme and therefore does not warrant a separate assessment.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Tewantin & Doonan Locality Code;
Natural Hazards Overlay Code (Flooding and Acid Sulphate Soils)
Business Uses Code;
Landscaping Code; and
Engineering Works Codes
Locality Provisions
The subject site is located in the Tewantin and Doonan Locality and is zoned Neighbourhood Centre. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The following provisions of the Tewantin and Doonan Locality Code are relevant to the assessment of the application:
12.7.2 	The overall outcomes sought for the Tewantin & Doonan Locality are the following
a) 	New uses and works are located, designed and managed to—
i 	be compatible with other uses and works;
ii 	maintain the safety of people and works;
iii 	avoid significant adverse impacts on the amenity enjoyed by users of other premises including acoustic and visual qualities; and
iv 	avoid significant adverse effects on the natural environment, including native habitat removal, fragmentation and attrition;
n) 	Tewantin is a vibrant riverside and lakeside urban area with a traditional town character and identity within a vegetated, waterfront setting;
o) 	Tewantin maintains the atmosphere of a small country town with residents enjoying high levels of convenience and accessibility to urban services;
qq) 	For the Neighbourhood Centre Zone—
i 	Neighbourhood Centres form focal points for the local community and visitors, providing shops, offices and limited higher order services to support the day-to-day needs of residents and visitors; and 12-35 The Noosa Plan Including amendments to 3 July 2017
ii 	Business Uses offer local employment opportunities, encourage equitable access to services and are of a scale and character consistent with the locality and Noosa’s retail hierarchy;
The proposed development is aligned with the relevant provisions of the Locality Code.
The proposed uses are consistent uses within the Neighbourhood Centre zone and will provide for the day-to-day needs of the local community and also contribute to local employment. The inclusion of two food and dining premises with associated outdoor dining area will provide for an active and vibrant street frontage. It is noted that some of the current uses of site, caravan sales and a boat repair workshop, are inconsistent uses within the Neighbourhood Centre Zone.
The development provides for a significant improvement of built form when compared to the existing development on the site which is situated at a prominent gateway to Tewantin. The new development is respectful of the character of the area through the use of mixed materials, broken roof form and provision of significant eaves to the Earl, Hilton and Ernest frontages.
The timing of the development allows for the design outcome to consider the design of Council’s planned upgrade works to the Hilton Terrace-Ernest Street intersection. The resultant outcome provides for a development which will integrate positively with the improved pedestrian arrangement resulting from the intersection upgrade. Users of the new development will therefore be able to safely navigate to and within the proposed development.
Compliance with key provisions of the planning scheme is detailed in the following table.
Planning Scheme Requirement	Proposal	Complies
Site cover a) 0.8:1 for the first 2,000m² of site areas; plus b) 0.3:1 for the balance of the site areas in excess of 2,000m² Site area = 3,662m². Allowable site cover = 1,600m² + 498m² = 2,098m²	1,227m² 34%	
Landscaping - minimum 10% landscaping area and 6m width from all other boundaries.	Proposal includes a minimum 10% of landscaping 2.65 metre wide landscaping along Hilton Terrace, 1.5 metres to Earl Street and 4-5 – 8 metres to Ernest Street	X
Roof form - 5 degree minimum pitch to main roof	5 degree pitch to main roof	
Eaves provided for 75% perimeter of building	Eaves provided to 60% of the building	X
Boundary setbacks • Frontage - 6.0m • Other – 3.0m	Hilton Terrace > 6 metres Ernest Street > 6 metres Earl Street = 1.5 metres Rear = 3.4 metres	X
Building Height • in storeys - 2 storeys max • in metres - 8 metres max	1 storey 6.50 metres max to finished ground levels, < 8 m to natural ground level.	
Carparking - 955m2 @ 1 space per 20m² (47.75 spaces)	38 spaces on site and 8 on-road spaces on Hilton Terrace = 46 spaces	X
Bicycle Parking – 1 per 50m²of Gross Floor Area for commercial & restaurant and 1 per 50m² for shops.	Proposal requires 12 bicycle spaces, 6 lockers and 1 shower for the use areas. 8 bicycle spaces, 12 lockers, a shower and a change room are provided	X
The pertinent issues arising out of the above table and the assessment against the codes are discussed below:
Built form -  Eaves
The building design incorporates wide awnings along the front of the building and includes large outdoor dining areas in front of the tenancies along the northeast and southwest portion of the building facing the street. These features compliment the character of the surrounding area and provide for casual outdoor dining and meeting opportunities. The reduced extent of eaves is associated with the southern elevation and is due to the sewer located along this boundary and is acceptable.
Setbacks
Specific Outcome 5 of the Tewantin and Doonan Locality Code states:
Buildings and other structures are appropriately designed and sited to—
a) 	provide amenity for users of the premises as well as preserve the visual and acoustic privacy of adjoining and nearby land uses;
b) 	preserve any existing vegetation that will buffer the proposed building from adjoining uses;
c) 	allow for landscaping to be provided between buildings; and
d) 	maintain the visual continuity and pattern of buildings and landscape elements within the street; and
e) 	help protect the natural character and visual amenity of the Noosa River system and other watercourses and lakes
The proposed development complies with the setback requirements to all boundaries except for the Earl Street frontage, proposing a 1.5 metre setback where a 3.0 metre setback is required.
Whilst a 1.5 metre variation is proposed the built form is substantially setback from the Earl Street – Hilton Terrace corner of the property which therefore limits the impact of the setback on the public domain. The works related to the setback extend approximately 50% of the boundary length. The western wall of the development adjacent to the Earl Street frontage maintains visual interest associated with the mixed materials, including glazing, and the outdoor dining area which has a lightweight appearance due to it having a considerable opening between the rock wall and the roof above.
A landscaping strip is to be provided between the building and the property boundary and planted out with native shrubs.
It is considered that the reduced setback will not detract from the amenity of the area and that the development demonstrates compliance with Specific Outcome regarding setbacks.
Car parking
The proposed car parking arrangement results in a shortfall of 1.75 car spaces, which equates to 35m² based on the planning schemes car parking rate of 1 space per 20m2 of use area. The car parking assessment is based on the floor areas of the proposed new tenancies as shown on the proposal plans. When calculating the car parking requirement for Entertainment & Dining Business Type 1 - Food & Beverages kitchen and food storage areas are excluded from the calculation by the planning scheme. The submitted plans do not detail kitchen and food storage areas within the restaurant tenancies, however, it is reasonable to assume that when developed the kitchen and food storage areas of the two restaurant tenancies will accommodate for most if not all of the 35m² area.
The plans provide for 8 bicycle parking spaces when 12 are required. This can be rectified by a condition requiring the provision of 12 bicycle parking spaces.
Infrastructure Agreement
Prior to the submission of the application Council’s Infrastructure Planning, Design & Delivery team were designing a proposal to upgrade the Hilton Terrace-Ernest Street intersection to improve the road network. The proposed intersection upgrade works require the resumption of 135m2 of the subject site.
To address the proposed land acquisition, the applicant proposed that an Infrastructure Agreement be entered into to provide clarity and certainty for both parties around the land acquisition, timing of road infrastructure works and demolishing the building which encroaches partly into the road reserve. The Infrastructure Agreement would also acknowledge that 8 of the development’s required car parking spaces, lost due to the land acquisition, would be provided in the road reserve to the site’s frontage.
Accordingly, an Infrastructure Agreement has been prepared and executed by the landowners. A copy of this agreement is contained in Attachment 2 to this report.
The agreement details that:
The applicant has requested that in conjunction with Council’s upgrade of the Hilton Terrace-Ernest Street intersection, Council carry out the upgrading works to the frontage of Hilton Terrace, Ernest Street and Earl Street.
135m2 of Lot 4 on SP 133160 is required to allow for road widening and the construction of a roundabout.
The 135m2 of land comes to Council on settlement being 90 days of the commencement of the Infrastructure Agreement.
The compensation to be paid to the land owner for the acquisition of 135m2 of Lot 4 SP 133160 is $217,800 and is based on land valuations.
The owner will demolish the building which encroaches on the road reserve at their cost.
Council will carry out the external frontage works, including car parking spaces in the Hilton Terrace frontage, for the development in-lieu of making the full compensation payments.
The estimated cost of the external works is $146,492.10.
Therefore, the total compensation payable to the owner in real terms is $71,307.90.
The intention of all parties is for the roadworks, frontage works and the development works pursuant to a development approval be carried out together.
It is intended for the roadworks and the frontage works be completed within 18 months of the final execution of the agreement and before the commencement of the use approved by a development approval.
The car parking spaces in the Hilton Terrace frontage constructed by Council will be in lieu of 8 required on-site car parking spaces for the development which were “lost” due to the acquisition.
Other issues
As noted earlier in the report, the previous use of 17 – 19 Hilton Terrace for a service station has resulted in investigations into contaminants within the soil in the road reserve. As no investigation has been undertaken in relation on 17 – 19 Hilton Terrace, it is recommended that a condition be included requiring investigative works and appropriate disposal of any contaminated soil from within the subject site.
cONSULTATION
Referral Agencies
No referrals were required for this application.
Other Referrals
The application was forwarded to the following internal Council officers:
Infrastructure Services
Development Engineering
Environment Officers – landscaping and stormwater
conclusion & REASONS FOR DECISION
The proposed uses are consistent within the zone and generally comply with the relevant provisions within the Noosa Plan. Council’s proposed upgrade of the Hilton Terrace-Ernest Street intersection, the encroachment of an existing building within the road reserve and frontage works required as part of the development are proposed to be managed by an Infrastructure Agreement. The proposed development will present positively at a significant entrance point to Tewantin.
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	X	Property
		X	Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning	X	Infrastructure Planning, Design and Delivery
					

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GENERAL COMMITTEE MEETING REPORT	13 NOVEMBER 2017

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	DD MONTH YYYY

[Attachment: image3.png (image text)]
-306,2.50M (10%)
‘815 SOM ACTUAL

  

we ‘+——s2 _} a0 4, * LOTS2&3 ih)

1 S ON BP IS2354 &
LOT 4 ON SP133160.

PARISH OF TEWANTIN__

 

 


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earnest = hen = foe
street
1050 = F earl p959
north elevation
to hilton terrace
earl ay 7» mT 1) aSegmest
street ey zu a fe 2
veo LS el Ln & oF.
south elevation
ound fos emit fr eat
ae tT em
“12.50 oy, ; ost cana H
east elevation west elevation
to earnest street to earl street