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Council Report - MCU18 0204 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR ENTERTAINMENT AND DINING BUSINES
SPECIAL COMMITTEE MEETING REPORT 5 JUNE 2019
MCU18/0204 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
ENTERTAINMENT AND DINING BUSINESS TYPE 1- FOOD AND BEVERAGE AND RETAIL
BUSINESS TYPE 2 SHOP AND SALON AT 6 HERON STREET PEREGIAN BEACH
DOCUMENT INFORMATION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development
Index ECM/ Application/ MCU18/0204
Attachments 1. Proposal Plans
2. Approved plans for MCU11/0266
APPLICATION DETAILS
Applicant Andema Pty Ltd TTE
Material Change of Use – Commercial Business Type 1 – Office,
Proposal
Entertainment and Dining Business - Type 1 Food & Beverage
and Retail Business - Type 2 Shop & Salon
Properly Made Date 19 December 2018
Information Request Date 1 February 2019
Information Response Date 30 April 2019
Decision Due Date 5 June 2019
PROPERTY DETAILS
Property Address 6 Heron St Peregian Beach Qld 4573
RP Description Lot 69 P 9313
Land Area 271m²
Existing Use of Land Single storey building - currently vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Eastern Beaches Locality
Zone Neighbourhood Centre Zone
Overlays N/A
Assessment Type Code
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RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 13 June 2019 regarding application MCU18/0204 for a Development
Permit for Material Change of Use Entertainment & Dining Business - Type 1 Food & Beverage,
Retail Business - Type 2 Shop & Salon and Commercial Business Type 1 - Office, situated at 6
Heron Street Peregian Beach and:
A. Refuse the application for the following reasons:
1. The proposed development is contrary to the Overall and Specific Outcomes of the
Eastern Beaches Locality Code as the development is not compatible with the
preferred built form outcomes as:
i. The proposed building height exceeds 8.0 metres and 2 storeys and is not
consistent with structures on adjoining and surrounding land nor responsive to
the informal beachside character of the locality;
ii. The development presents as a 3 story building and does not contribute to an
informal village-like atmosphere that engenders a ‘sense of space’ and public
focus for local community interaction and activity;
iii. The proposed development will visually dominate the street, adjacent
properties, surrounding spaces and the existing skyline;
iv. The proposed development exceeds the allowable plot ratio and results in a
building which presents an appearance of excessive bulk to adjacent
properties, roads and other areas in vicinity of the site.
v. The proposed development does not present subtle changes in colours,
textures and materials to break up the building facades.
2. The development is contrary to the Driveways and Carparking Code as the proposal
does not provide any car parking on site and the car parking demand is likely to
exceed the car parking demand generated by the previous use of the site for a
grocery store.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The application proposes to redevelop the site by demolishing the existing building and
constructing a three storey building. It is proposed to use the building for Commercial Business
Type 1 – Office, Entertainment and Dining Business - Type 1 Food & Beverage and Retail
Business - Type 2 Shop & Salon.
The applicant advises that the breakdown of use areas is as follows:
Ground floor
70m2 restaurant including a 16m2 external dining area which is partly located within the
property boundaries; and
81.5m2 retail area
Upper floor
Additional 59m2 retail space; and
Three office units (totalling 86m2);
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Roof top
53m2 roof top terrace area.
In summary, these areas equate to the following total use areas:
Retail Business Type 2 – Shop & Salon: 141m2
Entertainment & Dining Type 1 – Food & Beverage: 111m2 (inclusive of roof top terrace)
Commercial Business Type 1 – Office: 86m2
The application includes use of the roof terrace for restaurant dining from 7.00am until 9:00pm
seven days a week. Works within the road reserve include the relocation of the street furniture
shaped as a ‘whale table’ and re-location of a bench seat.
The proposal plans are included in Attachment 1.
2. SITE DETAILS
2.1. Background
The Peregian Beach village includes a variety of shops, restaurants and offices for residents and
visitors to the area. Peregian Beach village includes no on-site parking with development in the
village reliant on street car parking.
TPC 269
On 22 February 1972, Council approved five Shops. The development comprised a standard
block type building with 100% site coverage. The use of the building since has been for the
purpose of a convenience store.
MCU11/0266
On 7 June 2012, Council approved a Development Permit for a Material Change of Use
(Commercial Business Type 1 Office, Entertainment and dining Business Type 1 Food &
Beverage & Retail Business Type 2 Shop & Salon).
The approved structure comprised a two-storey building with a mixed restaurant & shop on the
ground floor, and office tenancies on the first floor. The approval allowed for a plot ratio of 1.71:1
which is in excess of the 0.8:1 required by the scheme.
A roof top terrace was also approved for the use of tenants only. A condition of approval was
included specifically prohibiting the use of the terrace for any restaurant or shop use.
A copy of the approved plans is provided as Attachment 2.
On 6 April 2016, Council approved an extension to the relevant period granting an additional
currency period of 4 years. The approved development lapses if the use has not happened by 5
June 2020.
On 5 May 2017 a minor change application was made which sought to change the existing
approved development on the site. The proposed changes included an extensive redesign of the
building façade and floor layout to facilitate the transfer of floor area to several of the approved
uses and tenancies. The proposed change resulted in a Gross Floor Area (GFA) increase from
the approved 454m2 to 488m2, total use area decrease from 386m2 to 375m2, and a site cover
increase from 83% to 100%.
Concerns were raised with the applicant with the form of the new development and advice was
provided that the application would not be supported at officer level due to:
The appearance of the building not in keeping with Peregian Beach village;
The inclusion of a third storey;
The increased GFA; and
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The proposed changes not constituting a minor change
The change application was withdrawn on 23 May 2019.
In the case of the most recent developments within the village, Council has given discretion in
relation to carparking, landscape open space and minimum front boundary setbacks.
Furthermore it is noted that Section 6.2.3 of the Superseded Planning Scheme allowed Council
the discretion to grant floor space bonuses for developments that provide improved public
amenities. In this respect the Superseded Planning Scheme permitted up to 4m² of additional
floor space for every 1m² of public amenities. Recent development approval examples are
provided below.
Other Mixed Use Redevelopments within the Peregian Beach village
8 Kingfisher Drive This site is 2 doors to the south and is the same size and shape of the
(06/0219) subject site. The approval, issued in 2006, was for the development of
a 2 storey building on an existing vacant site, with 2 restaurants & 1
shop at ground level and 3 office tenancies on the upper level. The plot
ratio of the development was 1.13:1. It is noted that 22.6m2 was
provided for public facilities and a public walkway through the site.
Although this development was constructed within 2 years of the
approval, an appeal carried on until the 17 November 2008, which
centred around the amount of contributions payable in lieu of provision
carparking on the site. The appeal was eventually settled with the
contribution conditions amended.
216 David Low Way In 2006, Council approved a two storey mixed use development
(06/0215) including shop & office on the ground floor, and an office & caretaker’s
residence on the upper level, made under the Superseded Planning
Scheme. A number of built form relaxations were given, with the report
noting that the development is consistent with most of Peregian village.
Council approved a number of extensions to the permit, which
extended the lapsing period. As part of the requests to extend the
approval, it was noted that although the development was approved
under the Superseded Scheme, which included density bonuses, the
following grounds were considered to justify a plot ratio of 1.4:1,
exceeding the 0.8:1 requirement of The Noosa Plan:
60m2 of public facilities/public access way were provided
Almost all existing development in Peregian village have full site
coverage;
Approximately a third of the existing developments in the village
are 2 storey;
The GFA of most developments in the village exceeds the 80% plot
ratio requirement; and
The proposed design is considered to be of high quality and the
inclusion of the public toilets and thoroughfare will be of benefit to
the village overall.
2.2. Site Description
The site is located at the north-eastern end of the Peregian Beach village and is zoned
Neighbourhood Centre. The site has been developed and was previously occupied by a retail
use (Friendly Grocer). The existing building onsite is rectangular in shape and finished levels
surrounding the premises are level.
The tenancy has a 10m frontage to Kingfisher Drive and a 27m frontage to Heron Street.
Established garden beds and vegetation abuts the site along both road frontages and a
pedestrian crossing provides linkage to the site from Peregian Beach Park.
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The following image is provides a Locality Plan for the site:
Figure 1: Locality Plan
2.3. Surrounding Land Uses
Being located within the Peregian Beach village, a variety of commercial and tourist shops are
within close proximity to the site. A retail use (Peregian Beach Bakery) adjoins the site to the
south and the Peregian Beach Surf Lifesaving Club and Peregian Beach Park is located directly
to the east across Kingfisher Drive. Residential uses are located further to the north and south
outside the Peregian Beach village.
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;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
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South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
Eastern Beaches Locality Code
Business Uses Code
Landscaping Works Code
Driveways and Carparking Code
Locality Provisions
The subject site is located in the Eastern Beaches Locality and is zoned Neighbourhood Centre.
The proposed uses are identified as consistent uses with the zone. With regards to the overall
outcomes for the locality the Noosa Plan includes:
7.7.2 The overall outcomes sought for the Eastern Beaches Locality are the following –
g) The scale and form of buildings and other structures are—
i. designed to be responsive to the informal beachside character of the locality, being low
rise buildings, with pitched or curved roofs and building materials that blend with the
dune and coastal landscape;
ii. in keeping with the surrounding streetscape and landscape qualities;
iii integrated into the topography and native vegetation of the dune system which
dominates the locality; and
iv. consistent with the amenity and safety expectations of the community;
z) Peregian Beach provides local convenience shopping, business and community services;
jj) For Peregian Beach—
i. Peregian Beach provides a mix of detached houses, Multiple housing and Visitor
Accommodation for residents and visitors;
ii. Multiple housing Type 2 Duplex and Visitor Accommodation Type 4 Conventional are
located in close proximity to the Peregian Beach neighbourhood centre shown in the
Neighbourhood Centre Zone;
iii. a wide range of local Retail, Commercial and Entertainment and Dining Uses within
the neighbourhood centre serve the immediate needs of residents and visitors of the
locality;
iv. the neighbourhood centre provides an informal village-like atmosphere, with a low
key, attractive and safe village square that engenders a ‘sense of place’ and a public
focus for local community interaction and activity; and
v. the sense of arrival to the coastal communities of Noosa from the south is
emphasised and enhanced;
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oo) For the Neighbourhood Centre Zone—
i. the Peregian Beach and Sunrise Beach neighbourhood centres form focal points for
the communities providing local shops, offices, restaurants and limited higher order
functions to support the day to day needs of residents and visitors;
ii. retail, commercial and medical functions are of a convenience nature and residents
will access higher order goods and services at Noosa Heads, Noosaville or outside of
Noosa Shire;
iii. Business Uses are of a scale and character consistent with the locality and the
commercial and retail hierarchy of Noosa; and
iv. development provides for strong pedestrian and visual connections between private
development and adjacent public spaces;
The proposal is consistent with the Overall Outcomes in so far as the development provides for a
range of consistent commercial uses within the Peregian Beach neighbourhood centre. These
uses will service the immediate needs of both residents and visitors to the locality and will
enhance the Peregian Beach village as a focal point for the community. In this regard, the
proposal aligns with the existing approval as it also provided for a range of consistent commercial
uses.
However, concern is raised with the built form and scale of the development which is inconsistent
with the Overall Outcomes for the locality. The lineal form of the building and external screen
treatments is not responsive to the informal beachside character or consistent with surrounding
development. The upper level of the building façade, which incorporates screening to the first
storey and the roof deck, extends for almost 5 metres in vertical height and exacerbates the
strong lineal elements of the design. The building does not contribute to an informal village-like
atmosphere that engenders a ‘sense of place’ and is not compatible with the coastal surrounds,
instead being akin to a development expected within an inner urban setting. The exaggerated
upper level results in the building having the appearance of a 3 storey building. This is
inconsistent with the appearance of other buildings within Peregian village which are limited to 2
storeys with traditional roof lines with the upper levels including generous openings/balconies.
Renders provided with the application rely on vertical landscaping to soften the building form.
Council has not previously accepted vertical landscaping as an acceptable design response,
instead requiring the built form of the development to demonstrate compliance with the built form
outcomes sought by the planning scheme. This is in part due to the fact that an extended time
period would lapse prior to vertical landscaping taking its desired effect and no certainty that
vertical landscaping will achieve its desired outcome or be adequately maintained.
It is acknowledged that the existing approval allows for the site to be redeveloped in accordance
the associated approved plans which provides for a modern design which also incorporates a
screening device. However, this device is limited to the upper level and excludes the roof top
terrace. The screen also has a more lightweight appearance than that currently proposed.
Furthermore, the lower level of the existing approval provides increased openings to the building
which allow for greater interaction with external public spaces and assists in reducing the
perceived scale of the building bulk. The approved development also had an expansive awning
with a substantial narrower face than the shorter and thicker awning proposed. The difference in
awnings further enhances the perception that the approved development is more lightweight than
what is currently proposed. A comparison of elevations is provided in the images below.
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Figure 2: Render of approved development: Heron Street perspective
Figure 3: Southern elevation of approved development
Figure 4: Render of proposed development: Southern elevation
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Figure 5: Southern elevation of proposed development
Figure 6: Render of current proposal: Kingfisher Drive perspective
In addition to concerns with the proposed development’s consistency with the Overall Outcomes
for the locality the proposal does not comply with the following Specific Outcomes:
(a) Height, storeys and roof form
(b) Plot ratio
(c) Car parking.
These elements are discussed below:
Building Height, Storeys and Roof Form
A maximum building height of 8.0m and 2 storeys is sought under Probable Solution S4.1 (b) of
the Eastern Beaches Locality Code. The maximum height seeks to ensure buildings and other
structures are low rise and present a building height consistent with structures on adjoining and
surrounding land so as not to visually dominate the street, adjacent properties and surrounding
spaces.
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Whilst the building generally maintains compliance with the 8.0 metre height requirement the
height attributable to the roof lift shaft and lobby is 8.80 metres and results in the development
being 3 storeys. A chimney associated with the kitchen extends to a height of approximately 9.80
metres. Furthermore 44% of the length of the wall to the southern elevation exceeds the 8 metre
height limit, with the maximum height being 8.80 metres. The current approved development
includes a compliant building height of 8.0m relative to the finished and natural ground level and
only comprises two storeys.
The applicant maintains that the extent of the roof structure that extends beyond the 8m building
height limit relates only to the lift overrun and lift lobby area. The protrusion beyond 8m has been
reviewed in detail and every effort has been made to minimise the extent of this roof structure,
noting that it is a minor component when considering the building as a whole. The only enclosed
area…..is measured at 19 sqm which makes up 4% of the overall GFA or 8.4% of the building
roof (footprint). This area comprises the lift overrun and lift lobby space only. As previously
outlined in Item 3, there is no visual impact as the lift overrun is not visible from the ground. The
lift is required to enable equitable access to all parts of the proposed building and is required for
the safe operation of the lift.
Whilst the applicant correctly assesses the amount of area which exceeds the 8 metre height
limit this measurement does not accurately reflect the visual impact of the increased height’s bulk
and scale. As previously stated when the development is viewed from the north or south 44% of
this viewing plane will exceed 8.0 metres in height. Similarly, the extent of building height above
8.0 metres when viewed from the east or west is equivalent to 40% of this viewing plane. The
following image demonstrates the extent of the southern plane which exceeds 8.0 metres and
how much higher the top of this wall is compared to the adjoining property.
Figure 7: South elevation identifying aspect of the building above 8 metres
The non-compliance with the 8.0 metre building height and 2 storey requirement results in a
building scale and bulk that does not comply with the Specific and Overall Outcomes for the
locality. The proposed built form is not consistent with structures on adjoining and surrounding
land and will visually dominate the street, adjacent properties, surrounding spaces and the
existing skyline.
It is noted that the roof top deck is proposed to be used in conjunction with the entertainment and
dining use and operate between the hours of 7.00am and 9.00pm, with the deck having the
capacity to seat approximately 70 people. The current approval explicitly prohibits the use of the
roof top deck associated with the Entertainment and Dining Business Type 1 and the Retail
Business Type 2. It is noted that the application does not include any shade screening treatment
to this area. It is unclear how a rooftop terrace could operate without the inclusion of sun and
weather protection devices, such as umbrellas or shade sails, to protect guests from sun
exposure. The screen to the perimeter of the roof top terrace is 1.55 metres above the floor level
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of the terrace and therefore the provision of any sun protection devices will result in additional
bulk being visible from the streetscape, surrounding properties and the broader locality.
Furthermore, the extended lineal form of the timber screen is not consistent with the Specific
Outcomes for the Neighbourhood Centre zone as it does not provide for a subtle change in
colours, textures and materials to break up the building facades.
The following images demonstrate the scale of the building in comparison to surrounding
properties and the strong lineal elements to both the lower and upper level.
Figure 8: Perspective of the development from the east
Figure 9: Perspective of the development from Heron Street
Plot Ratio
For the Neighbourhood Centre Zone the maximum plot ratio is as follows—
a) 0.8:1 for site areas up to and including 2000m2 ; and
b) 0:3:1 for that area of a site in excess of 2,000m2.
As the subject site is 271m2 in area the permissible plot ratio equates to 216.8m2.
As noted previously in this report, Section 6.2.3 of the Superseded Planning Scheme allowed
Council the discretion to grant floor space bonuses for developments that provide improved
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public amenities which has resulted in a number of developments with a plot ratio that exceeds
the current scheme plot ratio.
The existing approval for the site permits a plot ratio of 1.71:1. The current plans provide for
472m2 of gross floor area which equates to a plot ratio of 1.74:1. The proposed plot ratio is
excessive, inconsistent with the scale of surrounding development, and significantly exceeds the
plot ratios of buildings approved under the Superseded Planning Scheme bonus provisions. It is
noted that the application does not provide for any public benefit. The proposed plot ratio results
in a building which presents an appearance of excessive bulk to adjacent properties, roads and
other areas in vicinity of the site.
Car Parking
On 22 February 1972, Council approved the existing development (currently ‘Friendly Grocer’)
without the provision of any onsite car parking. A condition of approval was included for a
minimum of 12 car parking spaces to be provided within 70 feet of the development.
Based on the current planning scheme requirements the previous use of the site for a
convenience shop required 15.2 car parking spaces.
The following table assess the current application against the car parking requirements within the
Noosa Plan
Use Scheme Requirement Amount required
Commercial Business 1 space per 20m2 of use area 86m2 of use area = 4.3
Type 1 - Office
Retail Business Type 1 space per 20m2 , or part thereof, of use area for 141m2 of use area = 7.7
2 – Shop & Salon areas up to 100m2 (excluding outdoor dining
area); AND
1 space per 15m2 or part thereof of use area for
areas in excess of 100m2 (excluding outdoor
dining area); AND
1 space per 10m2 or part thereof of any outdoor
dining area on the property
Entertainment & 1 space per 10m2 , or part thereof, of use area 111m2 of use area = 5.55
Dining Type 1 – Food and outdoor dining area (excluding kitchen and
& Beverages food storage areas) on the property except where
located within the Business Centre Zone,
Neighbourhood Centre Zone or Village Mix Zone
where 1 space per 20m2 applies
TOTAL = 17.5 spaces
A total of 17.5 spaces are triggered which exceeds the scheme requirements for the convenience
store use by 2.3 spaces, no additional car parking is proposed. Given the current high demand
for car parking in this area any variation to the car parking requirements is not considered
appropriate. Furthermore, given the applicant suggests the deck could accommodate up to 70
people the proposed development is also likely to generate significantly more car parking
demand than provided for by the above rates.
Works in road reserve
The site plan includes proposed works in the road reserve which include the relocation of the
‘whale table’ and bench seat. The plans make reference to separate footpath dining applications
for areas to the north, east and west of the building. These plans have been reviewed by
Council’s Infrastructure Services department who have raised concern with the proposed new
location of the ‘whale table’, due to its size and form there are no identified alternate sites to its
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current location. Furthermore, the proposed footpath dining area adjacent to the loading bay on
Heron Street is likely to impact on the capacity to use the loading bay as the unloading of
vehicles relies on access through the proposed dining area.
4. DRAFT PLANNING SCHEME
Under the draft planning scheme the site will be zoned Local Centre and the proposed
development would also be subject to a Code assessable development application. The
maximum permissible building height will remain at 8.0 metres and the allowable plot ratio will
remain the same as what is currently allowable under the Noosa Plan. The draft scheme
introduces a new setback requirement of 2 metres for the first floor from the village green. The
draft scheme includes criteria for assessment with regards to building design and streetscape
which strongly re-inforce the outcomes sought by the current planning scheme.
5. CONSULTATION
5.1. Referral Agencies
The application was referred to the following Referral Agencies:
Department of State Development, Manufacturing, Infrastructure and Planning (SARA)
The Department is a referral agency for Contaminated land (unexploded ordinance).
The Department has responded advising that conditions should be applied
5.2. Other Referrals
The application was forwarded to the following internal Council officers:
Infrastructure Planning
Coordinator, Development Engineering
6. CONCLUSION & REASONS FOR DECISION
The application seeks to demolish the existing single storey building and develop in part a three
storey building to be used for office, shop and salon and entertainment and dining business. The
proposed development exceeds the required 2 storeys and 8.0 metres in height and consists of a
roof top terrace which is to be used in conjunction with the entertainment and dining business.
Whilst acknowledging that there is an existing approval which permits redevelopment of the site
the proposed height and built form of the current application is not consistent with surrounding
development and the informal character of the Peregian beach village. Furthermore, the
application proposes to increase the plot ratio above that which has currently been approved and
the permissible plot ratio in the planning scheme and will result in a building bulk not in keeping
with the Peregian Beach village. In addition, the proposed use areas result in a requirement for
additional car parking which has not been provided.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning x Infrastructure Planning,
Design and Delivery
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