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planning report Noosa Marina 12.10.20

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       Development Application
           Planning Report


                  MCU for Shop
    (New tenancy within existing building and
      enclose existing outdoor dining area)
Situated at 2 Parkyn Ct, Tewantin (8GTP100897)




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Contents
1.0        Summary ...........................................................................................................................3
    1.1       Development application details.............................................................................................. 3
    1.2       Planning instrument details ..................................................................................................... 3
    1.3       Referral agencies ..................................................................................................................... 3
    1.4       Background Approvals ............................................................................................................. 3
2      Site details ............................................................................................................................4
    2.1       Site description ....................................................................................................................... 4
3      Proposed development details ............................................................................................. 5
4      Planning assessment.............................................................................................................7
4.1        Minor Change Assessment ..................................................... Error! Bookmark not defined.
    4.2    Key issues ............................................................................................................................... 7
      4.2.1 Existing Approval ............................................................................................................................. 7
      4.2.2 The Noosa Plan ................................................................................................................................ 7
5.0        State assessment and other matters ................................................................................. 8
    5.1    State interests ......................................................................................................................... 8
      5.1.1 Matters established in the Planning Regulation .............................................................................. 8
      5.1.2 State Planning Policy ....................................................................................................................... 8
6.0         Conclusion ........................................................................................................................8




Client Name:           Quadrant Holdings Pty Ltd
Prepared by:           Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version:               2
Date:                  12 October 2020


This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken because of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.




                                                                                                                                             Page 2 of 8

Page 3

1.0 Summary

1.1 Development application details
 Proposed development:             MCU for Shop (New tenancy within existing building and
                                   enclose existing outdoor dining area)
 Type of approval sought:          Development Permit for Material Change of Use
 Site address:                     2 Parkyn Ct, Tewantin
 Real property description:        388 & 400 MCH839039
 Site area:                        1.386ha
 Assessment manager:               Noosa Council
 Owner details:                    Quadrant Holdings Pty Ltd
 Applicant details:                Quadrant Holdings Pty Ltd c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
 State planning policy:            Nil
 Regional plan:                    SEQ Regional Plan 2009–2031 (version commenced 2 May
 Designation:                      2014), urban footprint designation.
 Planning scheme:                  The Noosa Plan 2020
 Zone:                             Recreation and Open Space
 Level of assessment:              Code
 Applicable overlays:              Flood Hazard Overlay
 Applicable codes:                 Recreation and Open Space Zone Code
                                   Tewantin Local Plan Code
                                   Flood Hazard Overlay Code
                                   Business Activities Code
                                   Works Codes


1.3 Referral agencies
Nil


1.4 Background Approvals
In 1991, the site was established under a special Development Lease.

On the 28 September 2006, Council issued an approval for a change to the existing approval for a
new deck (80m2) to the commercial facility (Development Approval for Marina & Associated
Commercial Uses). The owner indicates the chairs and works in this area were removed and the
area rectified back to the existing levels in this area.

A copy of the existing Plan of Development is included below for reference.




                                                                                        Page 3 of 8

Page 4

Figure 1: Plan of Development Approval

On the 19 August 2020, the applicant lodged a change to the existing approval.
On the 9 October 2020, Council informed the applicant to relodge as an MCU. This application is in
response to Council’s request.


2 Site details
2.1 Site description
The site is currently used for restaurants, shops, offices, cafes and an information centre. The site
is surrounded by Council reserves, waterways and roads on all sides.




Figure 2: Aerial view and site identification with zoning
Source: Noosa Council Mapping System

                                                                                            Page 4 of 8

Page 5

3 Proposed development details
The application proposes to enclose 50m2 of an outdoor dining deck adjacent to an existing
restaurant tenancy in Building 2A along the northern part of the lease area.

Other small changes include the replacement of the existing awning roof along the northern balcony
and southern portions of the tenancy. A new 59m2 shop tenancy is also proposed adjacent to the
existing amenities and hair salon.

Table 3: Summary of development aspects
 Building height                        No Change

 Gross Floor Area                       50m2 additions to building 2A

 Site access                            No Change

 Proposed servicing arrangements        No Change




Figure 3: Existing Approved and Proposed extensions to Building 2A




Figure 4: Site photo of existing outdoor dining area (looking west)
                                                                                        Page 5 of 8

Page 6

Figure 4: Proposed Building Additions and Floor Layout




                                                         Page 6 of 8


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OSED FLOOR LAYOUT

Figure 4: Proposed Building Additions and Floor Layout

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Page 7

4 Planning assessment

4.1      Key issues
4.1.1 Existing Approval
The existing approval allowed for 134m2 of outdoor dining area associated with the restaurant
tenancy in Building 2A. The proposed changes retain the area as dining areas for patrons of the
restaurant within an indoor setting.
The development also allows for an additional 59m2 retail tenancy adjacent to the existing amenities
and restaurant. This new retail tenancy space is less than 100m2 in size and self-assessable
development in accordance with the original Plan of Development.
All existing services including water, sewerage and waste is provided within the existing facility as
per the existing approval.
4.1.2 The Noosa Plan
The site is within the Tewantin Locality and zoned Open Space Recreation. The Noosa Plan seeks
for Noosa Marina to be retained in the Recreation and Open Space zone as the primary river-based
economic and transport node in the Tewantin local plan area. Development is limited to uses that
relate to marine activities, including river ferry services, complemented by a limited number of shops,
cafés, and restaurants.
PO22 of the Tewantin Locality Code requires the Noosa Marina to provide for the continued
operation of marine moorings and ancillary business uses and food and drink outlets, while providing
the required car parking onsite. The Driveways and Parking Code does not differentiate a separate
carparking rate between outdoor dining and indoor tenancy areas, with the proposal not increasing
in use area for the restaurant tenancy. As a result, no additional carparking impacts are anticipated
or required.
Although the restaurant tenancy building is slightly increasing, the area of the dining area is not being
increased. The building is to be finished with weatherboard cladding and windows to match in with
the existing restaurant tenancy. A new awning roof is also proposed to match in with the colourbond
roof (with solar panels). There is still a break between the building elements on the site and will
match into the existing built form. A picture of the existing built form, as seen from the river is included
below.




Figure 4: Site photo of existing buildings (looking southeast from the Noosa River).


Performance Outcome PO18&19 of the Tewantin Local Plan Code requires commercial
development on or adjacent to the Noosa River ensures no net increase in the gross floor area of
building and structures beyond existing footprints within existing lease areas. The proposal slightly
increases gross floor area by way of a permanent enclosure over the existing deck area, which was
previously covered by a shade sail and approved for outdoor dining.


                                                                                                 Page 7 of 8

Page 8

Notwithstanding the above, the design replaces an existing shade sail and umbrellas previously used
in this area - greatly improving the built form and amenity for users of the facility. Furthermore, the
view from the river is also enhanced with a more sympathetic design in keeping with the existing
buildings and a more contemporary design.
The development is considered to comply with Performance Outcome PO18, which seeks
development to comprise timber and tin construction with a traditional pitched design and the
proposed development incorporates these materials/elements.
Considering the existing large shade sail in the area of proposed works, the proposal does not
increase the building footprint of structures onsite and reduces the overall use area for dining and
impacts on carparking. The proposal is consistent with the Overall and Purpose Outcomes of the
Tewantin Locality Code.

5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part.

Development in the erosion prone area, as shown on the SPP interactive mapping system, will be
subject to assessment against the assessment benchmarks – natural hazards, risk and resilience
within the State Planning Policy. An assessment is provided below.


 State interest               Assessment against assessment benchmark
 Natural Hazards              The site is located within the Erosion Prone Area of the SPP, however
 (Coastal)                    not located within a coastal management district. The development is
                              located above the existing flood areas so as to not cause a risk to people
                              and property.


6.0 Conclusion
The assessment finds the proposal respects the existing development approval and generally meets
the relevant statutory instruments including The Noosa Plan, subject to the following reasons:

      •   The built form changes match in with the existing development and provide for a more
          useable restaurant tenancy; and

      •   The design is sympathetic to the coastal environment protects the visual amenity enjoyed by
          users and others.

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




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