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

               SPECIAL COMMITTEE MEETING REPORT                                                        5 JUNE 2019


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