51901.3614.03, 51901.3786.04, 51992.479.03, 51994.1048.03, 51994.1249.03, MCU13/0081.03 – MINOR CHANGE TO DEVELOPMENT APPROVALS FOR 47 MULTIPLE DWELLINGS, ENTERTAINMENT & DINING - TYPE 1 FOOD & BEVERAGE AND RETAIL BUSINESS - TYPE 1 LOCAL AND TYPE 2 SHOP & SALON AT ‘NETANYA’ - 71 HASTINGS STREET NOOSA HEADS DESCRIBED AS LOT 0 ON BUP101500 (Referred from Planning & Environment Committee Meeting dated 6 February 2024 Item 5.2 - due to significance of the issue.) · ATTACHMENT 2 – (51901.3614.03 51901.3614, 51901.3786.04, 51992.479.03, 51994.1048.03, 51994.1249.03, MCU13-0081.03) – COORDINATOR PLANNING REPORT

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Figure 1 – Locality

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Figure 2 – Site Plans




Figure 3 – Renderings

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2.   BACKGROUND
The site has been the subject of multiple approvals as detailed below:
•    In December 1979 development approval TPC1008 was issued for 29 Motel Units, 3 Shops
     and 2 Restaurants (original approval for western portion of building);
•    In August 1985 development approval TPC1737 for Multiple Dwelling 18 Units, 3 Shops,
     Gymnasium and Meeting Room was approved under the 1985 Planning Scheme (original
     approval for eastern portion of building and amalgamation of the two lots);
•    In October 1986 a change to development approval TPC1737 for Multiple Dwelling 18 Units,
     3 Shops, Gymnasium and Meeting Room was issued for a change to setbacks and the
     provision of pergolas on the roof top recreation areas;
•    In September 1987 a ‘substantially in accordance with existing approvals' for TPC1973 was
     approved for an extension to the entry foyer;
•    In February 1988 development approval TPC1994 for Changes of use affecting restaurant,
     shops and additional multiple dwelling unit and ancillary facilities was issued;
•    In July 1993 development approval TPC2418 for an extension to an existing Restaurant
     (outdoor dining area) was issued (alterations to Sails Restaurant, including erection of a sail
     over the approved outdoor dining area);
•    In May 1994 development approval TPC2639 for an extension to an existing Restaurant
     (outdoor dining area) was issued (refurbishment to the former Pavilions Restaurant);
•    In May 1994 development approval TPC2678 for conversion of part of an existing restaurant
     into 3 shops was issued;
•    On 6 October 1994 Building Unit Plan of Subdivision was approved creating separate titles
     for each unit within the building;
•    In April 1995 development approval TPC2679 for an alterations to an existing restaurant and
     outdoor dining area was issued (alterations to Sails Restaurant);
•    In June 1999 development approval 16987DA for modifications to extend and refurbish the
     existing reception area and to change the entry landscape treatment was issued;
•    In October 2000 an amendment to development approval TPC1737 for the construction of a
     storage shed was issued;
•    In February 2005 an amendment to development approval TPC1994 to convert a gym to a
     beauty salon was issued;
•    In July 2013 development approval MCU13/0081 for a Material Change of Use for
     Entertainment & Dining Type 1 Food & Beverage & Retail Business Type 1 Local & Type 2
     Shop & Salon was issued (Alterations to the existing ground floor Providore tenancy);
•    In October 2020 a minor change to multiple approvals over the site was issued providing for
     substantial renovations and refurbishment of the existing development on site. An
     Infrastructure Agreement for a shortfall of three carparking spaces was accepted. The works
     approved under this change approval have been finalised.


3.   ASSESSMENT
3.1. Instruments for 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;

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•     Planning Regulation 2017;
•     The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
•     Noosa Heads Local Plan
•     Tourist Accommodation Zone Code
•     Visitor Accommodation Code
•     Business Activities Code
•     Landscaping Code
•     Sustainable Building Design Code
•     Driveways and Parking Code

3.2. Statutory Process
The applicant has requested to make a minor change to a number of development approvals 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 proposed
      changes to not alter the approved uses on site and the built form changes are minor and
      relate to awnings and landscape areas;
•     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 mattes prescribed by regulation;
•     where the original application was code assessable, the change would not cause the
      application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
The proposed minor changes raise several matters for consideration including setbacks, site cover,
landscaping and carparking.
SETBACKS
The Noosa Plan 2020 includes the site in Tourist Accommodation zone which details the following
setback:
AO13.1 The northern side of Hastings Street:

      a) 2 metres, average of 4 metres from the front boundary to Hastings Street for the ground
         floor and second storey;
The 2020 minor change application approved a reduced setback of 0.4m to the Hastings Street
frontage for the roof of the outdoor dining area associated with the approved restaurant (Providore).
This reduced setback was considered to be consistent with the Outcomes of the Noosa Heads
Locality Code that sought pedestrian friendly streetscapes with diverse dining opportunities and
maintained and enhanced the existing vegetation in the area.
The current minor change application also seeks approval to extend the roof line into the setback
area with three sections intruding into the 2.0 metre setback along the Park Road frontage. The
new roof line is described by the project architect as ‘feature awnings’ to update the frontage of the
shops to be consistent with the renovated works on site. The new awnings also include a feature
timber batten that is located in the setback area.
Plan illustrating the existing roof line, area of intrusions and renderings of the new roof line are
detailed below:

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Planners note:
                              Approx. 2 metre
                              setback line




Figure 4 – Existing setback

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Figure 5 – Proposed setback

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                            Figure 6 – Proposed shop frontage and awning



PO13 of the Tourist Accommodation Code states:
Setbacks
PO13 Buildings and other structures are designed and sited to:

   a) provide a high level of amenity to users of the subject site and adjoining premises,
      including provision of visual and acoustic privacy;
   b) not unreasonably obstruct views or cause overlooking of private open space or habitable
      areas of adjoining premises;
   c) provide adequate distance from adjoining land uses;
   d) preserve existing vegetation that will help buffer development;
   e) allow for space and landscaping to be provided between buildings including adequate area
      at ground level for landscaping with trees, shrubs, outdoor living and utilities;
   f) be consistent with the predominant character of the surrounding area, maintaining the
      visual continuity and pattern of buildings and landscape elements within the street; and
   g) protect the natural character and avoid adverse impacts on ecologically important
      areas such as the beach, Noosa River, national parks and other parklands.
Extensive discussions were held with the applicant’s architect and planner about the setback
intrusions and changes to the landscape planters to the Hastings Street frontage. In support of the
design changes the applicant’s architect advises:
   •   The raised landscape planter adjacent to the driveway has been adjusted to follow the
       curved radius of the existing Tenancy 3 external wall.
   •   A new PWD compliant access path to the frontage of tenancy 5 is provided from the Park
       Road frontage. A step ramp provides an at grade transition from the existing street level to
       the commercial tenancy level.
   •   The level deck area to the frontage of tenancy 3, 4 & 5 allows for complaint PWD circulation
       and accessibility to all three tenancy entry points. The existing raised planters are removed
       and replaced with at grade planters adjacent to stair access.
   •   The proposed Park Road landscaping was reduced in area to allow for the 1 metre wide
       PWD access circulation adjacent to Tenancy 5 exclusive use titled area.
   •   The provision of the PWD access to the frontage of tenancy 3, 4 & 5 was a requirement of
       the Private Certifier, John Dunn from JDBA Certification. The required works were identified
       by Specialist Accessibility Consultant Rhys Tappenden from Indesign Access
The applicant also submits that the proposed changes deliver the same landscape area as that
approved under the previous change application.

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Whilst improved access to the site is encouraged, concerns are raised with the extent of the roof
intruding into required 2 metre setback to the Park Road frontage. The proposed intrusion of the
roof form into this setback area is not supported due to the:
    • reduction in the width of the existing garden bed
    • reduced opportunities for meaningful feature tree planting
    • introduction of additional built form in the setback by the including of a new timber feature
      screen
    • narrow width of the existing Park Road footpath
    • high levels of pedestrian flow
    • existing trees in the footpath currently restrict pedestrian movement
    • the extent of existing structures already existing along the Park Road frontage.
The proposed roof intrusions are not considered appropriate and a condition has been imposed to
require plan amendments to provide a 2 metre setback to Park Road.
SITE COVER
The 2020 change application approved a minor increase in site cover from 60.75 to 62.5% noting
that the changes to site cover related to new awnings and roofed areas which were considered to
improve the external appearance of the building. This previous change application was assessed
under the 2006 Noosa Plan which has a different site cover definition to the Noosa Plan 2020. The
current proposal has been reviewed against the Noosa Plan 2020 site cover definition and based
on this current definition the percentage of site cover is not increased.
LANDSCAPING
The plans detail changes to the layout and size of the garden beds in front of the 3 tenancies
proposed to be modified by the current change application. The proposal includes:
   • a narrowing of the garden bed along the Park Road frontage
   • 2 metre extension of the Park Road garden bed in front of tenancy 5
   • planters removed from deck area and relocated between stairs
   • new wider stairs to tenancies
   • timber feature screens
   • larger planter facing Hastings Street in front of tenancy 1.
The proposed changes to the landscaped area in front of the shops facing Hastings Street is
generally supported as the awnings, decks and stair areas are clear of the setback area and will
revitalise the shops to be consistent with the renovation that has occurred on site.
Concerns however are raised with regard to the awnings protruding into the 2-metre setback area
to Park Road. The corner and forecourt area are identified in the Noosa Heads Local Plan Code
and Hastings Street Framework and Character Plan as being a key corner, on a Primary Street
Frontage and Primary Streetscape Treatment area and adjacent to a shared space/ raised
crossing. These areas are required to provide high quality landscaping including enhanced
greening at key intersections, street trees with canopy shade cover and extensive low-level
planting.


The proposed roof intrusions into the Park Road setback are not supported as they do not comply
with the outcomes of the Noosa Heads Local Plan Code and the Tourist Accommodation Zone
Code which indicates that development is to incorporate landscaping and dense street planting at
ground level for trees and shrubs. Whilst the reduction in the width of the Park Road planter is
considered acceptable as it improves access to the site, the proposed awning over the planter
reduces the ability for the provision of street trees that would screen and soften the narrow footpath
area. Due to the width of the existing Park Road footpath and to further frame this key corner with
vegetation a condition is recommended to provide feature trees in the planter that will soften the
development but still enable visibility.

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                                   Figure 7 – Intersection treatment




AWNINGS ON APPROVED ROOF TERRACE
The proposal seeks retrospective approval for two powder coated aluminium awnings that have
been constructed over part of the decks of Unit 304 and Unit 204. The units are located on the
western side of the complex and are setback approximately 1.3m from the site boundary. An
inspection has confirmed that the pergolas are not visible to the streetscape or beach front and are
considered acceptable.
CARPARKING
The applicant also seeks changes to the following conditions of the various approvals over the site
relating to carparking:

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Condition – A minimum of 39 car parking spaces must be provided on the site in accordance with
approved plans; made available and accessible at all times while the use is open for business.
Due to an existing structural column in the basement, the applicant advises that one of the
approved carparking spaces underneath the building is unable to be constructed and proposes
that the area be converted to a storage space. A review of the plans indicates that the area is not
able to be used for a carpark and that there are no other options to provide the space. The request
is considered reasonable, and the applicant has entered into an Infrastructure Agreement for the
payment of one additional car parking space.
Condition - Onsite carparking must comply with AS/NZS2890.1:2004 Parking Facilities- Part 1:
Off-street car parking.
Condition A certification by a suitably qualified person for the upgraded car parking area is
required upon the completion of works and prior to issuing the Certificate of Classification to confirm
compliance with the conditions of this permit.
The above conditions require the existing carparking area to comply with current Australian
standards. The applicant advises that the existing carpark does not comply with current standards
and the condition is unable to be fulfilled. Supporting information from TTM Consulting has been
provided in support of a change to the condition to ensure new spaces comply with the relevant
standards.
Councils engineering section has advised that the applicants requests are considered reasonable
as:
     a) it is unreasonable to require an existing development to comply with a standard not
        applicable at the time of the construction of the development,
     b) any new or modified spaces must comply with the current standards, and
     c) the structural elements of the building do impede the subject space to such an extent that
        it cannot be used as a carspace.


4.    CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Other Referrals
The application was forwarded to the following internal Council specialists:
•     Coordinator Engineering, Development Assessment
5.    CONCLUSION & REASONS FOR DECISION
The proposed development seeks a minor change to multiple Development Permits associated
with the Netanya development at 71 Hastings Street Noosa Heads. The existing approvals relate
to 47 Multiple dwellings, Entertainment & Dining - Type 1 Food & Beverage and Retail Business -
Type 1 Local and Type 2 Shop & Salon. The proposed works seek approval to upgrade the existing
three shops previously not included in the 2020 minor change application in addition to changes to
awnings and carparking layout.
The proposal maintains site cover and landscaped open space areas approved under the 2020
minor change application and will revitalise the three shops located on south eastern corner of the
site. The proposed changes are generally supported apart from the roof intrusion into the Park
Road setback area. A condition requiring modification of the design of the roof line to this frontage
has been included which will enable appropriate landscaping and setbacks to the narrow footpath
areas in this location.
The changes to the carparking layout are considered appropriate with the applicant advising they
are agreeable to entering into an Infrastructure Agreement for a contribution in the lieu of one
carparking space. The application is recommended for approval subject to reasonable and relevant
conditions.

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Departments consulted:

   Office of the CEO, Mayor &                Community Services          Corporate Services
           Councillors
    Mayor & Councillors                   Director                    Director
    Chief Executive Officer               Community Development       Financial Services
    Executive Officers                    Sport & Active Lifestyles   Fleet
    Community Engagement                  Arts & Culture              Revenue Services
    People & Culture                      Community Connection        ICT
    Governance                            Customer Experience         Procurement
                                                                      Commercial Property
    Strategy & Environment                Development & Regulation     Infrastructure Services
    Director                              Director                    Director
    Strategic Land Use Planning       X   Development Assessment      Infrastructure Planning, Design
                                                                      and Delivery
    Economic     Development      &       Local Laws                  Civil and Asset operations
    Destination Management
    Environmental Services                Environmental Health        Waste
    Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                          Property / Permits          Disaster Management