Council Report - MCU18 0204 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR ENTERTAINMENT AND DINING BUSINES

               SPECIAL COMMITTEE MEETING REPORT                                                          5 JUNE 2019


               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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Document Set ID: 20864810
Version: 16, Version Date: 31/05/2019