Minor Change Report 132006.215.06

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Assistant Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	132006.215.06
Development Approval	132006.215
Applicant	Andrew Edward Martin TTE
Request Received On	26 July 2021
Report Reviewed By	Patrick Murphy
Decision Due Date	20 August 2021

PROPERTY DETAILS
Property Address	Martin Place At Peregian 2/216 David Low Way Peregian Beach Qld 4573
RP Description	Lot 2 SP 284446
Land Area	269.9m2
Existing Use of Land	Professional Office, Shop & Caretaker’s Residence

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Local Centre Zone
Precinct	Not applicable
Local Area Plan	Coastal Communities
Overlays	Land Subject to Acid Sulfate Soils
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval 132006.215, in order to construct an awning over Council’s road reserve which is being used as a footpath and dining area. The awning is 3 metres in height and projects 3 metres from the external wall of the building. Further, the head of the awning is 0.8 metres in height and runs 9.755 metres along the front of the building façade.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Ground Plan

Figure 3 – Roof Plan

Figure 4 – Elevations

Figure 5 – 3D Render
background
A Development Permit for Material Change of Use (Professional Office, Shop & Caretakers Residence) was issued on 15 June 2006. The development was approved under The 1990 Planning Scheme.
As subsequent 2 year extension to the relevant period was given on the 23 June 2009, which considered the approved development against the Noosa Plan 2006.
On 9 May 2013, Council approved a change to condition 23 extending the relevant period to 15 June 2011. The applicant subsequently entered in to an infrastructure agreement with Council to apply for the adopted infrastructure regime. This resulted in the applicant reducing their contribution amount.
On 23 November 2013, Council issued a further extension to the existing approval to 15 June 2015.
On 6 May 2015, Council issued a further extension to the existing approval to 15 June 2016.
assessment
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;
Planning Regulation 2017; and
The Noosa Plan 2020.
Statutory Process
The applicant has requested to make a minor change to a development approval 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 proposal maintains the use of the site and does not significantly change the bulk or scale of the building;
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 matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Local Centre Zone Code;
Site Cover
Performance Outcome PO10 of the Local Centre Zone Code seeks that the site cover and gross floor area of buildings and other rood structures:
Is of a scale that is compatible with surrounding development;
The surrounding buildings in the Peregian Beach Village Square exhibit full site coverage and consist of street awnings that project into Council’s road reserve. It is therefore considered that he proposal is consistent with surrounding development. Refer to figure 6.
Does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site;
The proposal presents a high quality design and includes light-weight materials and muted tones which are consistent with the existing building and therefore mitigates the appearance of bulk.

Figure 6 – Existing Building

Maximise the retention of existing vegetation and allows for the soft landscaping between buildings;
It is considered that the existing building was approved with no landscaping and the built form does not allow enable future landscaping.

Allows for adequate area at ground level for site facilities; and
The 3 metre height enables adequate area at ground level for the existing outdoor dining area to continue operating.

Facilities onsite stormwater management and vehicular access.
Stormwater discharges to the existing down pipe which runs from the existing first storey roof to the stormwater drain below.

Plot Ratio
Performance Outcome PO11 of the Local Centre Zone Code seeks the maximum plot ratio does not exceed 0.8:1 for site areas up to and including 2,000m2.
The subject site comprises a plot ratio in excess of the required 0.8:1 and was approved in June 2006 accordingly. In addition, the gross floor areas of most of the development on the Peregian Beach village green exceeds a plot ratio of 0.8:1.
Setbacks
Acceptable Outcome AO12.1 of the Local Centre Zone requires Buildings and roofed structures are set back at least:
Other boundaries:
For Peregian Beach 0.0 metres for the ground and first floor excluding those properties that adjoin Lot 373 P93119, the village green, which have a minimum setback of 0.0 metres for the ground floor and 2 metres for the first floor from the boundary with the village green.
The proposed plans indicate the awning is setback 1.8 metres from the boundary with the village green. As such, the proposal will be assessed against the corresponding Performance Outcome PO12.
Performance Outcome PO12 seeks that buildings and other structures are appropriately designed and sited to:
Provide amenity for users of the premises, as well as preserve the visual and acoustic privacy of adjoining and nearby properties;
The proposal will provide a greater degree of amenity for users of the existing outdoor dining area of the subject site. Moreover, the awning is of a consistent height to those on the adjoining buildings and is not considered to affect the visual and acoustic privacy of adjoining and nearby properties.

Allow space for required vehicle parking;
No vehicle parking was provided in the original approval.

Preserve existing vegetation to buffer the proposed building from adjoining uses;
The proposal will preserve the existing vegetation in the Peregian Beach village square, however no vegetation currently exists on site.

Allow for landscaping between buildings;
No landscaping was provided in the original approval and the built form of the subject site restricts landscaping between buildings.

Maintain the visual continuity and pattern of buildings and landscape elements within the street;
The existing visual continuity and pattern of buildings and landscape elements within the street consists of street awnings which are of a similar size and style to the proposal.

Avoid large areas of continuous wall planes by varying the building setback and using appropriate techniques to provide visual relief; and
The proposal will provide visual relief to the existing building by reducing the wall plane from 2 storeys to 1.

Help protect the natural character and visual amenity of the locality.
The natural character and visual amenity of the locality is comprised of 1 and 2 storey buildings which contain outdoor dining areas that adjoin the Peregian Beach village green. Notably, 7 out of the 8 buildings in the village square consist of street awnings. As such, it is considered that the proposal enhances the natural character and visual amenity of the locality.
Design & Streetscape
Acceptable Outcome AO21 requires street awnings:
Are provided along the full frontage of the building and cover the footpath where no other weather protection is provided for pedestrians as part of the building design;
Are setback a minimum of 1 metre form the kerb;
Are waterproof;
Conform with the height, form and materials of awnings on adjoining properties which share the same street frontage;
Where falling towards the street, are no less than 2.5 metres at their lowest point or where cantilevered, are no less than 2.7 metres at their lowest point;
Use an awning slope of within 15 degrees of adjacent awnings;
Are no more than 500 millimetres higher or lower than adjacent awnings that are less than 2 metres away; and
Are no higher than 3 metres in height.
The proposed awning is 3 metres in height at the lowest point and 3.8 metres at the highest point. As such, the proposal does not comply with Acceptable Outcome AO21. The awning is therefore assessed against the corresponding Performance Outcome.
Performance Outcome PO21 seeks street awnings are designed and located to:
Provide continuous weather protection to pedestrians;
It is noted that the eastern facing building outside area receives direct sunlight throughout the day which is not fully protected by the existing roof. Thus, the proposed street awning will offer a greater degree of weather protection to pedestrians.

Maintain the continuity and style of adjacent awnings, especially in relation to height, scale, form and materials;
The western side of the Peregian Beach village square is comprised of buildings which exhibit awnings above the ground floor and are approximately between 3 and 4 metres in height (refer to figures 7 & 8). The adjacent buildings to the north and south (214 and 216 David Low Way) are considerably older than the subject site and include various colours and materials of which create a distinctly unique streetscape. The proposal is a consistent height and scale with the adjoining buildings, whilst the style of the awning is comparable to the awning of 214 David Low Way in figure 7. The proposed awning is of a muted white tone that will be consistent with the existing building façade.

Figure 7 – Building to the south of the subject site

Figure 8 – Streetscape looking south (Village Green)

Contribute to an attractive streetscape environment;
The existing streetscape environment is comprised of single and double storey buildings, ground floor street awnings, outdoor dining areas that merge with the adjoining village square and associated landscaping. The proposal is of a high quality design and will maintain the existing height of the awnings. As such, the proposal is considered to contribute to an attractive streetscape environment.
Promote an active front by encouraging pedestrian use of the street;
The western side of the Peregian Beach village square of which the property is located currently comprises of outdoor dining areas which are integrated into the adjacent park. The proposed street awning will provide a higher level of protection form the weather at the subject site, thus encouraging pedestrian usage of the street.

Provide a feeling of enclosure and human scale for pedestrians so as to contribute to the “sense of place”, and
The ‘sense of place’ of the Peregian Beach village square is considered to be a pedestrian friendly urban environment which encourages outdoor dining and activities in the park. Further contributing to the sense of place is the consistency of street awnings on the western and eastern sides of the square which provide a feeling of enclosure and human scale for pedestrians. As such, the proposal is noted as providing a feeling of enclosure and human scale for pedestrians as to contribute to the ‘sense of place’

Have an adequate clearance distance from the kerb to prevent obstruction.
The proposed awning is 3 metres in height and is therefore considered to be an adequate clearance distance from the kerb.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Designer, Capital Works – Infrastructure Planning, Design & Delivery
Property Officer, Capital Services
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132006.215.06, to make a minor change to an existing approval for 132006.215 at Martin Place At Peregian 2/216 David Low Way Peregian Beach Qld 4573 described as Lot 2 SP 284446, Council on 3 September 2021 decided to:
A.	Approve the change.
B.	Include the following additional conditions:
New Conditions September 2021
Approved Plans
48. 	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
01	C	Ground Floor Plan, prepared by Plans2go	1.12.20
02	C	Roof Plan, prepared by Plans2go	1.12.20
03	C	Elevations, prepared by Plans2go	1.12.20
04	C	Section, prepared by Plans2go	1.12.20
Visual Amenity
49.	The street awning is to be painted in a muted tone consistent with the existing building.
Stormwater
50.	The street awning must be provided with a stormwater drainage system connecting to the lawful point of discharge that the existing roof is currently connected to.
51.	Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
52.	Works associated with this permit must not adversely impact on the existing drainage conditions on other properties or Councils infrastructure.

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