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Planning report Wythes

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           Development Application
               Planning Report


   Material Change of Use for Food & Drink and Office
situated at 32 and 34 Maple Street, Cooroy described as
                Lots 1 and 2 on RP1866




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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
2.0        Site details ......................................................................................................................... 4
    2.1        Site description ..........................................................................................................................4
    2.2        Surrounding land uses ................................................................................................................5
    2.3        Background ................................................................................................................................5
3.0        Proposed development details .......................................................................................... 6
4.0        Planning assessment .......................................................................................................... 8
    4.1    Compliance with Code requirements..........................................................................................8
      4.1.1 Heritage ............................................................................................................................................ 8
      4.1.2 Car Parking ........................................................................................................................................ 8
5      State assessment and other matters ..................................................................................... 9
    5.1    State interests ............................................................................................................................9
      5.1.1 Matters established in the Planning Regulation .............................................................................. 9
      5.1.2 State Planning Policy ........................................................................................................................ 9
6.0         Conclusion ...................................................................................................................... 10



Client Name:            JRSR Custodian Pty Ltd (TTE)
Prepared by:            Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version:                1
Date:                   27 September 2021




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 as a result 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.




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Page 3

1.0 Summary

1.1 Development application details
  Proposed development:        Food & Drink Outlet and Office
  Type of approval sought:     Development Permit for Material Change of Use
  Site address:                32 and 34 Maple Street, Cooroy
  Real property description:   Lots 1 and 2 RP1866
  Site area:                   Lot 1 - 405m²
                               Lot 2 – 885m²
                               Total = 1290m²
  Assessment manager:          Noosa Council
  Owner details:               JRSR Custodian Pty Ltd (TTE) and Josephson Holdings Pty
                               Ltd (TTE)
  Applicant details:           JRSR Custodian Pty Ltd (TTE) 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 (v.1 - 25 September 2020)
  Zone:                        District Centre Zone
  Level of assessment:         Code
  Applicable overlays:         Heritage and Character Area Overlay – Character area
  Applicable codes:            Cooroy Local Plan Code
                               District Centre Zone Code
                               Business Activities Code
                               Works Codes


1.3 Referral agencies

Nil




                                                                                  Page 3 of 10

Page 4

2.0 Site details
2.1 Site description
Table 1: Site description
 Site                                                                 Description
 characteristic
                             Each site contains a single-story building.
 Existing structures

                             32 Maple Street contains what is historically known as the former
                             Commonwealth bank building on the corner of Wimmers Lane. The site
                             contains some carparking to the rear of the site accessed from Wimmers Lane.

                             34 Maple Street contains the site which once was a service station and
                             Daddows Honda sales and service and showroom. More recently the
                             Woodfired Bakery and Pizzeria.

                             The single storey buildings extend across the full extent of Maple Street for
                             most of the frontage to Wimmers Lane. An awning and parapet also extend
                             across the frontage of Maple Street and around the corner along Wimmers
                             lane, typical of the country town character of the Cooroy main street.
 Topography                  The sites slopes from the south to north.

 Frontage and                Frontage to Maple Street and Wimmers Lane with pedestrian access from
 access                      Maple Street and vehicle access from Wimmers lane for both sites.

 Existing vegetation         No vegetation exists onsite.




Figure 1 - Aerial view of the sites. Source: Council mapping System




                                                                                             Page 4 of 10

Page 5

Figure 2 - Frontage view of the sites. Source: Google street view



2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

 North          Wimmers Lane and the Chinese restaurant and shops typically found in Cooroy District
                Centre zone.
 South          Wythes and Bendigo Bank and across Garnet Street, the Hotel and further to the
                Hospital.
                Opposite side of Maple Street – Post office and car park
 East

 West           Cooroy’s new supermarket



2.3 Background
32 Maple Street – the site has been historically used as a CBA bank.

34 Maple Street – On 21 December 2017, Council approved a Material Change of Use for
Entertainment and dining business Type 1 – Food and beverage MCU17/0530.

As part of this approval, conditions were imposed to decontaminate the road reserve in front of the
site which contained 2 x 4,500 litre subsurface petrol tanks and 1 petrol bowser. These works have
been undertaken and Council contributed some of the cost of the decontamination and removal of
this service station infrastructure.

As a direct result of the decontamination and removal of this infrastructure in the road reserve
associated with the service station use at No. 34, 6 additional car parking spaces were provided to
the front of the site.

Figures 3 demonstrates that in 2008 and 2011 an island and no other car spaces were available
except for 1 parallel car space, while the petrol bowser was operating. After the bowser was removed
7 spaces (including a disabled space) were available resulting in a net gain of 6 car spaces because
of the service station infrastructure removal as per conditioned as part of MCU17/0530.




                                                                                         Page 5 of 10

Page 6

Figure 3 - Historical aerials pre and post bowser removal.



3.0 Proposed development details
This design proposes a Food and drink outlet and office uses across both sites. The existing 2 entries
are proposed to be utilised, being 1 entry in the frontage of each lot. The dining area is proposed to
the front of the lots with the kitchen and food storage areas to the rear. The Offices are proposed
behind some of the dining use area along with the kitchen and food storage areas.

There is very little change to the external built form except for:

•   replacing the existing door to Lot 2;
•   an additional window to the frontage of lot 1 to match the frontage of Lot 2;
•   4 bifold windows with timber battening to the Wimmers lane frontage of Lot 1 to replace existing
    fixed glazing.




                                                                                          Page 6 of 10

Page 7

Figure 4 and 5 shows an existing and proposed view of the Maple Street and Wimmers Lane
facade.




Figure 4 - Existing and proposed street elevation showing the facade to No. 34.




Figure 5 - Proposed Wimmers Lane Elevation


Table 3: Summary of development aspects
 Material change of use

 Building height                           No change.

 Gross Floor Area (GFA)                    Food & Drink = 365m2
                                           Office = 222m2
                                           Shared common foyer and circulation area = 147m²
                                           Total GFA = 734m² across both Lots 1 and 2.
 Car parking                               15 distributed across both sites
                                           6 spaces (net gain) in the road reserve as part of MCU17/0530.
                                           Total spaces = 21 spaces
 Landscaping                               The proposal is providing new landscaping of 26m²




                                                                                                Page 7 of 10

Page 8

4.0 Planning assessment
4.1        Compliance with Code requirements
The following codes are applicable to the assessment.
  • Heritage and Character Area Overlay – Character area
  • Cooroy Local Plan Code
  • District Centre Zone Code
  • Business Activities Code
  • Works Codes

The proposed uses are consistent in the District Centre zone and only minor changes are proposed
to the external built form. Key aspects of the development are discussed below.

4.1.1 Heritage

The proposal seeks to re-use the existing building in its current form with a minor change to the
external elevation to Maple Street with the inclusion of a window and operable glazing and battening
to the Wimmers Lane. The minor changes proposed are consistent with the Heritage Overlay as:

•     The original architectural style is maintained;
•     The saw tooth roof form is retained;
•     The new window placement in the Lot 1 façade is consistent with the form of glazing in Maple
      Street;
•     the existing indented entry is retained on lot 1
•     The existing fixed glazing along the Wimmers Lane frontage is proposed to be replaced with
      operable windows with timber battening, more in line the character elements of Cooroy and the
      possibility to help activate Wimmers Lane if required on occasions (for festivals in Cooroy e.g.,
      Christmas, Body art, Spring festival, Fusion etc.)

4.1.2 Car Parking

The Table below provides a car parking analysis of the proposal and the planning scheme.

    Use and area          Noosa Plan 2020    Planning        Parking                Comply
                          Car parking rate   Scheme          provided
                                             Car spaces req.
    Office                1 space       per 11.1             11.1                   
    222m² GFA             20m² of GFA
    Food and drink        1 Space per 6.35                       6.35               
    outlet                20m² of Use
    127m² Use Area        Area
    (excluding kitchen
    and food storage
    areas)
                                              17.45              15 onsite
                                              18 Spaces          6 road reserve
                                                                 21 - total          extra 3.55
                                                                                    spaces provided




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As demonstrated in the Table above, the number of car spaces provided exceeds that required and
therefore fully complies with the provisions of the Driveways and Parking Code.

Acknowledging that 6 spaces are within the road reserve, Council historically has considered the on-
street parking as part of the development in cases where the development has contributed to the
additional spaces. In this case the development, as discussed in section 2.3 of this report, by
removing the service station infrastructure resulted in a net gain of 6 spaces in the road reserve.




5      State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

There are no relevant matters applicable to the application.

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 (not applicable to this application).




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Page 10

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Food & Drink Outlet
and Offices at 32 and 34 Maple Street, Cooroy. The proposal is Code assessment development
under the Noosa Plan 2020.

The assessment finds the proposal fully complies with the relevant codes on the following grounds:
• The uses are consistent in the District centre zone;
•   There are only minor built form changes to the facades and as such the building retains its
    heritage character for Cooroy;
•   The proposed additional glazing to Maple Street and change to operable glazing to Wimmers
    Lane enhances the street appeal of the development;
•   The proposal is providing car parking in excess to that required by the Planning Scheme;
•   6 car parking spaces in the road reserve were created as a direct result of service station
    infrastructure required to be removed by the previous development approval over No.34. These
    spaces are considered part of the car parking calculation for the current development as car
    parking such as this is associated with the site.

The Planning Act 2016 prescribes that a code assessment must be carried out only—

         (a)   against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and

         (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

         (a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
         the development; and

         (b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
         and

         Examples—
                 1           An assessment manager may approve an application for development that does not comply with some of
                             the benchmarks if the decision resolves a conflict between the benchmarks.

                   2         An assessment manager may approve an application for development that does not comply with some of
                             the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
                             response.

         (c) may impose development conditions on an approval; and

         (d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
         application only if compliance cannot be achieved by imposing development conditions.

         Example of a development condition—
                            a development condition that affects the way the development is carried out, or the management of uses
                            or works that are the natural and ordinary consequence of the development, but does not have the effect
                            of changing the type of development applied for

The assessment finds the development complies with the Outcomes of the applicable codes. The
Assessment Manager’s favourable consideration of the above development application is therefore
recommended.




                                                                                                                    Page 10 of 10

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