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

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.