132007.1181.02 - Delegated Report

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	132007.1181.02
	
Author:	Glen Conforti – Development Planner & Denis Wallace – Coordinator Planning
	
Project Director:	Denis Wallace – Coordinator Planning
	

SUMMARY:

APPLICATION DETAILS
Application Number:	132007.1181.02
Applicant:	Spurgin Assets Pty Ltd C/- RG Strategic
Request Received Date:	25 September 2015
Original Approval Type:	Development Permit – Material Change of Use (Retail Business Type 2 & Visitor Accommodation Type 4) Building Works - Demolition
Number of Submissions for Original Application:	Nil

PROPERTY DETAILS
Property Address:	5/33 Hastings St NOOSA HEADS  QLD  4567 Sandpiper Noosa Heads
RP Description:	Lot 5 SP 251687
Land Area:	675m² (whole site)
Existing Use of Land:	Multiple Dwelling and shops

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Locality:	Noosa Heads Visitor Mixed Use
Planning Zone:	
Assessment Type:	Change to Approval

PROPOSAL:

The application seeks approval to cover 27.5m² of the roof terrace.  The existing approval allows for a pergola structure, which the applicant seeks to roof and amend.  Existing Condition 3 of the approval refers to the pergola and is required to be changed to accommodate the proposal.  The existing approved pergola is indicated in the current approved plan extracts in Figures 1 & 2 below.

Figure 1 – Extract of Approved Eastern Elevation

Figure 2 – Extract of Approved Roof Plan
Figures 3 & 4 below show the proposed works.

Figure 3 – Extract of Proposed East Elevation

Figure 4 – Extract of Proposed Roof Terrace Plan
The application material also includes architectural photomontages, indicating the existing and proposed views of the building.

BACKGROUND:
A Development Permit for Material Change of Use (Retail Business Type 2 & Visitor Accommodation Type 4 & Demolition) was issued on the 22 November 2007. At the time the original application was publicly notified, with no submissions received.
Representations were subsequently made and a Negotiated Decision Notice was issued on the 30 January 2008.

On 1 November 2010, a Town Planning Appraisal was undertaken pertaining to a proposed modification to the approved balcony locations. Council subsequently gave the advice that the design changes were generally in accordance with the approval.

On 19 October 2011 Council approved an extension the relevant period to 22 November 2013.

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to constitute a permissible change on grounds that:
The change would not result in a substantially different development because the use is not changing and there is only minor built form changes not generally seen from the beach or Hastings Street.
The change would not require the application to be referred to additional concurrence agencies;
The original application was impact assessable and the proposed changes would not likely cause a person to make a properly made submission because of the minor nature of the proposal.
The change would not cause the approval to involve prohibited development.

On this basis, the applicant has followed lawful process in making a request under s369 of the Act.

ASSESSMENT:

GFA

The gross floor area permitted by the planning scheme for the site is 756m². The existing approved GFA is 703m². The proposal increases GFA by 27.5m² complying with the relevant provisions of The Noosa Plan.

Building height in metres and storeys

The Planning Scheme permits 4 storeys and 15m with a 3 storey 12m presentation to the beach. The proposal is larger than the approved pergola (but never constructed). The NGL submitted is different to that identified on the approved plans. The proposal is generally enclosed with shutters, and is a storey. The applicant has demonstrated the roof complies with the 15m required by the Code.  Referencing the previous approved plans the proposed roof structure would comply with the number of storeys, as the car park level below is considered a basement.

The proposal difficult to view from the beach and overall the building will still present as 3 storeys from the beach because the proposed covered area is located closer to Hastings Street than to the beach.  The new roof’s setback to the Main Beach boundary is approximately 28.6m.

The submitted architectural photomontages indicate minimal visual amenity impacts, particularly when noting the approved pergola structure has not yet been erected.

The proposed change to the approval is considered minor and does not introduce any significant planning concerns.  The change is supported, with the recommendation including new wording for Condition 3.

RECOMMENDATION

APPROVE the request to change a development approval, Application No. 132007.1181.02; situated at 5/33 Hastings St NOOSA HEADS QLD 4567 Sandpiper Noosa Heads, in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council decided to agree to the request and approve a change to Condition 3 to read as follows

Condition 3

The roof structure to the rooftop terrace shall generally comply with that shown on drawing DA01, Rev. A titled “Roof Terrace and Roof Plans’ and drawing DA02, Rev. A titled “Elevations” dated 8/9/15 by Soul Space Building Design.  The roof structure must remain as open construction and shall not be further enclosed by walls, windows, louvres, or the like.

REPORT COVER SHEET
PLANNING

APPLICATION NO:	132007.1181.02 132007.1181132007.1181.01
	
AUTHOR:	Glen Conforti
	
PROJECT DIRECTOR:	???
	

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is the application required to be decided by the Iconic Panel?:	Yes     /     No
Is referral required to the Councillor Delegated Sign Off Mailbox?:	Yes     /     No
Has a site inspection been undertaken?:	Yes     /     No
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?:	Yes     /     No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

PLANNING OFFICER	MANAGER

Signature:	Signature:
	
Position:	Position:  Development PLanner
	
Date:	Date:

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on <:

Signature:	Date:
	
	

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