Minor Change Report 132000.200465.3

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

APPLICATION DETAILS
Application No.	132000.200465.3
Development Approval	20789 DA
Applicant	JT & S Property Pty Ltd
Request Received On	10 August 2021
Report Reviewed By	Will Koschade, 08/11/2021
Decision Due Date	22 October 2021

PROPERTY DETAILS
Property Address	221 David Low Way Peregian Beach Qld 4573
RP Description	Lot 51 SP 156203
Land Area	2536.88m2
Existing Use of Land	Hotel & Commercial Services

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Local Centre
Precinct	Not applicable
Local Area Plan	Coastal Communities
Overlays	Land Subject to Acid Sulfate Soils Overlay Above 5 metres AHD to 20 metres AHD Bushfire Hazard Overlay Potential Impact Buffer
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval 20789 DA. The applicant proposes the following minor changes:
Removing the sports bar;
Relocating the gaming lounge;
Additional indoor dining in the form of the porto bar;
A cantilevered 2.3m wide corflu carbonate awning covering the front walkway;
Relocating the designated outdoor smoking area (DOSA);
Additional outdoor dining area facing David Low Way;
Re-designing the landscaping layout at the front of the Hotel and the removal of an unhealthy pandanus tree.
Moreover, the applicant seeks to maintain the existing car parking layout despite the increase in outdoor dining.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Ground Floor Plan
Figure 4 – Proposed Landscape Area Plan

Figure 5 – Proposed Landscape Plan

background
A development approval for a Hotel and Commercial Service (TAB) and an Environmentally Relevant Activity was approved on 27 February 2003.
A change to the development approval condition 8 was approved on 22 January 2004.
A change to the development approval condition 5.2 was approved and related to the hours of operation and noise limits on 1 August 2007.
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 change maintains the existing use and does not significantly change the built form of the development;
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;
Coastal Communities Local Plan Code;
Entertainment Activities Code;
Works Codes;
Criteria	Planning Scheme	Proposal	Complies
Landscaped open space	<10% min	8%	X
Carparking Motorcycle parks	One space per 20m2 of use area (39.65) One space per 100m2 or part thereof of use area (7.93)	35.8 uncovered 0	X
Bicycle Spaces	4.24 min	0	X
Landscaped Open Space
Acceptable Outcome AO26 of the Local Centre Zone code requires a minimum area required for providing landscaping is no less than 10% of the site area with the following minimum dimensions:
(b)	For properties on the western side of David Low Way, Peregian Beach:
(i)	Frontage – average width of 2 metres of soft landscaping; and
(ii)	Side or rear boundaries – 3 metres along all boundaries that adjoin land in a residential zone except for garden centre or hardware and trade supply uses where the setback is 5 metres.
The prosed exhibits a landscaped open space of 8% of the total site area and therefore does not comply with Acceptable Outcome AO26. As such, the proposal is therefore assessed against Performance Outcome PO26.
Performance Outcome PO26
Landscaped areas are provide to:
reduce the impervious area and enhance the visual amenity and natural landscape character of the area, streetscape and local area;
retain existing native vegetation and enhance buffer areas around property boundaries;
suit the relative size and nature of the development and its setting;
reduce the visual impact of large or bulky structures and fencing along watercourses;
screen car parking, loading and service areas of developments;
contribute to pedestrian comfort through shade; and
screen incompatible land uses.
It is noted that the subject site fronts David Low Way and adjoins a garden bed in Council’s road reserve. The applicant proposes to re-design and upgrade the existing garden bed in the subject site and in Council’s road reserve which currently contains unhealthy plants and open dirt. The re-design includes the removal of an unhealthy pandanus tree and introduction of the following plants which are in accordance with PSP2 Landscaping:
Plant	Qty
Livistona Australis	1
Banksia Oblongifolia	14
Carpobrotus Glaucescens	22
Austromyrtus Dulcis	10
Callistemon	2
Casuarina Glauca	14
Wahlebergia Stricta	10
Alpina Cacrulea	24
Acacia Sophorae	12
Pandanus Tectirius	3
Matt Rush	12
Through the use of native species, the proposed landscaping is considered to enhance the visual amenity and natural landscape character of the area, streetscape and local area. As such, the proposal complies with Performance Outcome PO26 of the Local Centre Zone code.
As the applicant proposes changes to the garden bed in Council’s road reserve, Council’s property department, in addition to parks and gardens have stated that there are no concerns with the proposed landscape plan.

Carparking
Carparking Spaces
The original development approval: 20789 DA required differing parking requirements for different elements of the development. Under Noosa Plan 1990 (1998 Amendments), the carparking rate for a Hotel and Commercial Services are as follows:
Hotel -  1 space per 3m2 of public bar seating or standing area, plus 1 space per 10m2 of private bar, lounge or beer garden seating or standing area, plus 1 space per guest suite (0.6 spaces per guest suite for sites included within the residential High Density Zone with frontage to Hastings Street), plus 1 space per 10m2 or part thereof of retail floor area for liquor barns or bulk liquor sales, plus queuing room for 10 vehicles in any drive-in bottle shop, plus 1 bus bay.
Commercial Services - 1 space per 20m2 or part thereof of total use area or 1 space per 2 employees, whichever is the greater.
Furthermore, a calculation extracted from the Council report highlights the requirements under Noosa Plan 1990 (1998 Amendments).
Hotel Component	Scheme Rate	Minimum Required Car Parking
Bistro Ground floor -133m2	1 space per 10m2	13.3
Outdoor Eating Area - 99m2	1 space per 10m2	9.9
Sports Bar – 24m2	1 space per 3m2	8
Gaming Lounge - 36m2	1 space per 10m2	3.6
Bottle Shop - 37m2	1 space per 10m2	3.7
Bistro First Floor - 100m2	1 space per 10m2	10
Commercial Services (TAB) generally integral to the bar/dining area.	1 space per 20m2	-
Total required		49 (48.5) spaces
It is noted that the applicant provided 41 spaces in lieu of the 49 required and therefore paid contributions to Council as a consequence of the shortfall of 8 spaces.
The proposed minor changes to the Peregian Beach Hotel result in an increase of 65m2 to the existing site, however the GFA increase 287m2 when compared to development approval: 20789 DA.
Furthermore, the parking rates in Noosa Plan 2020 require 1 space per 20m2 of use area and are stipulated in the table below:
Hotel Component	Scheme Rate	Minimum Required Car Parking
Bistro Ground floor -192.5m2	1 space per 20m2	9.625
Bistro First Floor - 115m2	1 space per 20m2	5.75
Existing Outdoor Eating Area - 33m2	1 space per 20m2	1.65
Proposed Outdoor Eating Area – 65m2	1 space per 20m2	3.25
Porto Bar – 52m2	1 space per 20m2	2.6
Gaming Lounge - 57m2	1 space per 20m2	2.85
Bottle Shop – 39.5m2	1 space per 20m2	1.975
Kitchen – 69.5m2	1 space per 20m2	3.475
Cold Room – 35.5m2	1 space per 20m2	1.775
Bar – 32m2	1 space per 20m2	1.6
Walkway – 25m2	1 space per 20m2	1.25
Total required		36 (35.8) spaces
It is considered that the parking rates in Noosa Plan 2020 better reflect the changes in transport use since the original development approval in 2002. An increase in patrons within proximity of the Peregian Beach Local Centre, bus services and active transport pathways can be recognized as to why assessment against the parking requirements in Noosa Plan 2020, as oppose to Noosa Plan 1990 (1998 Amendments). It is therefore acknowledged that 40 parking spaces provided by the applicant comply with the 40 spaces required by Noosa Plan 2020.

Motorcycle and Bicycle Spaces
The proposed plans do not indicate include motorcycle or bicycle spaces for the development. As such, the proposal does not comply with Acceptable Outcome AO6.1 of the Driveways and Parking code and is assessed against Performance Outcome PO6.
Performance Outcome PO6
Sufficient parking
Is provided having regard to the specifics of the use including
The type and intensity of land use;
Any existing parking available on the site;
Hours of operation;
Likely numbers of users;
Accessibility to the site by means other than private motor vehicle;
The peak parking demand period of uses on the site; and
The availability of alternative car parking; and
Is provided to accommodate the number and type of vehicles and motorcycles likely to be generated by the development.
It is noted that the carpark provides a surplus of 4 car parking spaces that can alternatively be used for motorcycles. With regards to bicycle spaces, a condition is to be included for the applicant to construct 2 wall mounted or ground bicycle racks which comply with the Australian Standards 2890.3 Bicycle Parking Facilities. Whilst the 2 bicycle racks do not meet the 4.24 required, the existing carpark and car parking requirements limit the opportunities for bicycle spaces. Notwithstanding, numerous bicycle spaces are located in the Peregian Beach Village Green approximately 55 metres to the east of the subject site. As such, the proposed parking spaces are considered to comply with Performance Outcome PO6 of the Driveways and Parking code.
Condition 1
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 20789 DA Sheets 1 to 6 prepared by KR Architects, as submitted on 5 June 2002 and as may be amended by these conditions.
Applicant’s Request
As a result of the proposed changes the following conditions require changing:
Condition 1 requires amending to reflect the changes and sought to read as follows.
8 November 2021
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
SK.511	2	3D Render, prepared by Zest	12/07/2021
SK.101	2	Proposed Plans, prepared by Zest	12/07/2021
SK.103	2	Area Use Plan, prepared by Zest	12/07/2021
SK.103.1	2	Area Use Plan (Overall), prepared by Zest	12/07/2021
SK.104	3	Landscape Plan, prepared by Zest	15/09/2021
SK.105	2	Landscape Area Plan, prepared by Zest	12/07/2021
SK.510	2	3D Render, prepared by Zest	12/07/2021
SK.512	2	3D Render, prepared by Zest	12/07/2021
SK.513	2	3D Render, prepared by Zest	12/07/2021
SK.514	2	3D Render, prepared by Zest	12/07/2021
Assessment of Request
As per the applicants request, the original condition relates to the original approved plans, whereas the amended condition reflects the new development. As such, the applicant’s request is agreed to by Council.

Condition 3
The sports bar total use area shall not exceed 24m2 and shall be delineated from other areas of the hotel.
Applicant’s Request
The delineation of the sports bar is compiled with, however the size and use has changed to allow for more seating. It is required the condition is amended to read as follows.
The sports bar total use area shall not exceed 24m2 and gaming area shall be delineated from other areas of the hotel.
Assessment of Request
The proposed porto bar replaces the original sports bar and the use has changed to indoor dining to align with the majority of the Hotel. As per the applications request, the relocated gaming area is separated from the adjoining indoor dining areas to not conflict with patrons of the dining areas.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Property
Parks and Gardens
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. 132000.200465.3, to make a minor change to an existing approval for 20789 DA situated at 221 David Low Way Peregian Beach Qld 4573 described as Lot 51 SP 156203, Council on 8 November 2021 decided to:
A.	Approve the change.
B.	Amend conditions 1 & 3 to read as follows:
8 November 2021
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
SK.511	2	3D Render, prepared by Zest	12/07/2021
SK.101	2	Proposed Plans, prepared by Zest	12/07/2021
SK.103	2	Area Use Plan, prepared by Zest	12/07/2021
SK.103.1	2	Area Use Plan (Overall), prepared by Zest	12/07/2021
SK.104	3	Landscape Plan, prepared by Zest	15/09/2021
SK.105	2	Landscape Area Plan, prepared by Zest	12/07/2021
SK.510	2	3D Render, prepared by Zest	12/07/2021
SK.512	2	3D Render, prepared by Zest	12/07/2021
SK.513	2	3D Render, prepared by Zest	12/07/2021
SK.514	2	3D Render, prepared by Zest	12/07/2021
The sports bar total use area shall not exceed 24m2 and gaming area shall be delineated from other areas of the hotel.
C.	Include the following additional conditions:
New Conditions 8 November 2021
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 8 November 2026, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $3,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Materials and Finishes
The cantilevered awning and new outdoor dining area is constructed using design elements and material that reflect the local streetscape character of the area.
Landscaping
The existing landscaping must be maintained by the Hotel in accordance with the approved landscaping plan.
Parking
A minimum of 2 wall mounted or ground level bicycle racks which comply with Australian Standards 2890.3 Bicycle Parking Facilities must be provided on site.

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