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MCU22/0154.01 – Application For A Minor Change To A Development Approval For Food And Drink Outlet, Shops And Offices At 214 David Low Way, Peregian Beach · Attachment 2 - (MCU22 0154.01) - Planning Officer'S Report
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 7 May 2024
ATTACHMENT 2 – (MCU22/0154.01) – PLANNING OFFICER’S REPORT
REPORT
1. PROPOSAL
This application seeks approval to change an existing development approval for a Food and Drink
Outlet, Shops & Offices at 214 David Low Way, Peregian Beach. The proposed changes seek to
revise the approve design to:
• Include a basement level for storage purposes.
• Reconfiguring the ground floor western tenancies, reorientating them towards the laneway with
pedestrian access to tenancy 1 maintained from the David Low Way service road.
• Improve the layout and refine the access for the ground floor and upper lobby entrance.
• Provide clear access and improve Crime Prevention Through Environmental Design (CPTED)
outcomes by relocating the upper floor service areas and amenities.
• Amend the external façade and finishes including inclusion of a roof parapet, removal of timber
cladding and changes to some window treatments.
The revised plans identify that tenancies 1 and 2 will be used for shops, tenancies 3 and 5 for food
and drink outlets and tenancy 4 will be for a shop, office or a third food and drink outlet. The
proposed uses remain generally in accordance with the previously approved uses on the site.
The locality and proposed plans are included in the following figures. A comparison between the
approved development and proposed changes is also provided in the following figures.
Subject Site
Figure 1 – Locality Map
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 7 May 2024
Figure 2 – Basement Plan (None Proposed Previously)
Approved Proposed
Figure 3 – Ground Floor Plans
Figure 4 – First Floor Plans
Figure 5 – West Elevations
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Figure 6 – East Elevations
Figure 7 – South Elevations
2. BACKGROUND
Council at its Ordinary Meeting on 16 February 2023 resolved to approve an application to
redevelop the site. At the time of the original application, the applicant was proposing to:
• Remodel the existing single storey building, retaining the western shop tenancies,
• Convert tenancy 3 into a food and drink outlet, and
• Include an upper floor level comprising an office and a small food and drink outlet that
included a terrace that opened up into the square to the east.
The applicant entered into an Infrastructure Agreement with Council to pay a contribution in lieu of
4 parking spaces reflective of the proposed increase in car parking demand.
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 2017;
• Planning Regulation 2017;
• Noosa Plan 2020.
3.2. 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 a substantially different development;
• the change does not include prohibited development;
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 7 May 2024
• 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.
3.3 The Noosa Plan 2020
The original application was required to follow a code assessment process, with no public
notification of the application required. The following codes from the Noosa Plan were applicable
to the original application and also apply to the proposed changes:
• Local Centre Zone Code;
• Coastal Communities Local Plan Code;
• Business Activities Code
• Acid Sulphate Soils Overlay Code; and
• Works Codes.
3.3. Statutory Instruments – Planning Scheme
The proposed uses remain consistent with the Local Plan Code requirements for Peregian Beach
and the Local Centre zoning intent, providing for local convenience shopping, business and
employment services for nearby permanent residents and visitors to the area. The proposed food
outlets will provide continual support to the established vibrant atmosphere within the Peregian
village.
The proposed changes also remain generally comparable to the approved plans in terms of the
built form parameters as set out in the table below.
Criteria Planning Scheme Approved Plans Proposed Changes Complies
Building height
• storeys 2 storeys max 2 storeys 2 storeys
• metres 8 metres 8 metres 8 metres
Gross floor area or 378m² max 378 m² 353m2
Plot ratio 1.4:1 max. 1.4:1 1.3:1
Boundary setbacks
• Northern Side 0.0 metres min 0.0 metres 0.01 metres
• Eastern Village 0.0 metres ground 0.0 and 2.0 metres 0.0 and 4.7 metres X
square floor and 2.0 to façade. Awning to facade. Awning
metres first floor extends 2.5m into extends 2.56m into
reserve reserve
• Western
Frontage 0.0 metres min 0.0 metres 0.0 metres
• Southern Village 0.0 metres min 0.0 metres 0.0 metres
square
Length of wall 15 metres max 11 metres 11 metres
Landscaped open 27 m² min Nil (3.5m2 ground Nil (3.5m2 ground X
space floor planter) floor planter and
upper floor planters)
Carparking Additional Nil Nil X
development - 4
spaces
Bicycle Spaces 1 bicycle space 0 0 X
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The maximum building height for Peregian Beach of 8 metres, 2 storeys is maintained. The
development does not propose any change to the existing or approved site cover. The site cover
of adjoining and neighbouring buildings in Peregian Beach being at or close to 100%.
The approved setback of 0m for the upper floor balcony to the eastern village square is retained
with the setback to the building façade increased from 2m to 4.7m. The minimum area provided
for landscaping remains similar to the approved development and remains generally consistent
with many other developments in Peregian Beach. Parcels adjoining the subject site benefit from
the proximity to the village square and the established landscaping within this area.
It is noted however that the proposal includes a number of significant changes to the façade
finishes which raises concerns as it changes the streetscape presentation, particularly given the
land is adjacent to an identified primary streetscape treatment area on the Framework and
Character Plan for Peregian Beach and fronts a key pedestrian/cycle link.
Subject Site
Figure 8 – Framework & Character Plan – Peregian Beach
The Coastal Communities Local Plan Code generally requires new buildings to be designed to:
• suit the local subtropical climate,
• incorporate a mix of lightweight and textured external building materials, with buildings
intended to reflect the informal, beachside character of Peregian Beach village.
These requirements are also reflected in the following outcomes from the Local Plan Code:
(z) Development in Peregian Beach –
(iii) maintains Peregian Beach Local Centre’s ‘signature’ informal village-like atmosphere,
featuring a low key, attractive village square that distinguishes the Peregian Beach
Local Centre from other centres in the local plan area and the wider region.
Development and redevelopment maintains the existing strong sense of place and
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 7 May 2024
the centre’s function and capacity to provide a public focus for local community
interaction and activity.
PO3
Development contributes to the establishment of attractive streetscapes and gateways to enhance
the sense of arrival and the coastal village character of the separate urban communities within the
local plan area.
AO3.1
Development adjacent to a gateway or special place or on land identified as a key corner
including where identified in Figure 7.2.6.5 (Peregian Beach Framework and Character Plan):
1. incorporates architectural and landscape treatments which emphasise the corner
location as shown in Figure AP3-10A and Figure AP3-10B; and
2. incorporates building materials such as varied roof forms, changes in materials and
variations in projected and recessed elements and facades.
PO7
Buildings, structures and landscaping are consistent with and reflect the beachside character of
the local plan area in terms of form, composition and use of materials.
AO7.5
Buildings are designed to:
1. suit the local subtropical climate;
2. incorporate a mix of lightweight and textured external building materials, including
timber finishes with variation provided in texture, detailing and articulation;
3. incorporate verandahs, open balconies with transparent or open balustrades or
shaded patios for outdoor living; and
4. allow for landscape integrated with the buildings on site.
While the redesigned building incorporates some timber cladding and timber screening at the foyer
entrance, the timber cladding to the awnings has been removed, some window sizes reduced, and
a more extensive use of rendered blockwork is proposed.
The development also proposes a parapet to the roof which results in a significant change to the
building appearance, detracting from the “informal village-like atmosphere” outcome sought for
developments in the Local Plan area.
The proposed changes to the building material presents a much more formal, urban feel rather
than the informal, relaxed beachside character sought for Peregian Beach.
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Figure 9 Comparison of Approved Southern Elevation & Proposed Changes
The development also proposes changes to the western building façade to the David Low Way
service road, which does not provide sufficient activation or provide the fine scale built form, sought
in Acceptable Outcome AO10(b) of the Coastal Communities Local Plan Code.
The minimal variation in materials and removal of the louvres, provides little sun protection to the
upper level western windows and does not suit the local subtropical climate design requirement of
Acceptable Outcome AO7.5(a) of the Coastal Communities Local Plan Code.
Figure 10 Comparison of Approved Western Elevation & Proposed Changes
These design issues were raised with the applicant during assessment, and minor alterations were
made to the plans including lowering the parapet to provide variation to the roofline, introducing
timber cladding to the parapet, however, the extensive use of masonry and minimal variation in the
building material falls short of the requirements of the Local Plan Code.
4. CONSULTATION
4.1. Referral Agencies
The original application was referred to Department of State Development, Infrastructure, Local
Government and Planning (SARA). The Department was a referral agency pursuant to Schedule
10, Part 4, Division 3, Table 1, Item 1 – Contaminated premises (unexploded ordnance)
The Department previously provided the following condition:
1. Provide written confirmation to the Department of State Development, Infrastructure, Local
Government and Planning by an approved contractor on the Australian Government,
Department of Defence, Unexploded Ordnance (UXO) Panel that the subject site has been
remediated and cleared of unexploded ordnances.
The applicant has provided notice of the proposed change to the development approval to the
Department with no further response received.
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4.2. Other Referrals
Not Applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed changes to the development approval are generally comparable to the current
development approval maintaining the approved uses and the building’s general bulk and scale.
The proposed changes to the building materials however are not satisfactory and not reflective of
the informal beachside character sought for Peregian Beach. Conditions are therefore
recommended requiring plan amendments to ensure the proposal achieves the desired future
character ought for the Local Plan Area.
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 Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director x Director Director
Strategic Land Use Planning x Development Assessment X Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
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