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Appendix B - Certifcate of Title and Survey plan · 132001.210011.4
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Town Planning Report Request for a Minor Change to the Decision Notice (132001.210011.3) to include a Food and drink Outlet use and to retain Shop approval. Shop 6/239-245 Gympie Terrace, NOOSAVILLE 4566 QLD Lot 6 on SP158841 Depot Noosa Fortified Investments Pty Ltd ATF The Cavallaro Family Trust
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Page 2
Table of Contents
Important Note 2
1. Summary 3
2. Background 5
3. Development Intent – Proposed Change 6
4. Proposed Change to Conditions 7
4.1 Change Condition 63 7
4.2 Proposed Additional Condition 79 7
5. Planning Assessment 8
5.1 Noosaville Local Plan Code 8
5.2 Carparking 8
5.3 Minor Change 9
6. Conclusions 11
List o f Fig ure s
Figure 1 Site Survey Plan ........................................................................................................................................... 4
Figure 2 Proposed Floor Plan ................................................................................................................................... 4
Figure 3 Locality Map ................................................................................................................................................ 6
List o f Ta b le s
Table 1 - Carparking calculation............................................................................................................................ 9
Table 2 - Substantially Different Development Guideline ............................................................................. 10
RG Strategic Planning Report – Minor Change Application 1
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for the sole purposes of Fortified Investments Pty Ltd ATF The
Cavallaro Family Trust (“Client”) for the specific purpose of demonstrating the proposed use as being
permitted under the Noosa Plan 2020 (“Purpose”). This report is strictly limited to the purpose and
the facts and matters stated in it and does not apply directly or indirectly and will not be used for
any other application, purpose, use or matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
arising out of or incidental to a Third Party; and
• publishing, using, or relying on the facts, content, opinions, or subject matter
contained in this report
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.
RG Strategic Planning Report – Minor Change Application 2
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1. Summary RG Strategic has prepared this development application on behalf of Fortified Investments Pty Ltd ATF The Cavallaro Family Trust. The purpose of this report is to seek approval for a Minor Change Application and change Condition 63 and include an additional condition to Decision Notice 132001.210011.3 The subject site is located at Colonial Commercial, 6/239-245 Gympie Terrace, Noosaville QLD 4566 and is formally described as Lot 6 on SP158841. The application seeks approval to include a Food and Drink outlet use to Lot 6 while retaining the existing Shop use. The application also seeks to include a 2m2 of outdoor dining in front of the tenancy within the terrace area. Figures 1 and 2 provide the site survey plan and floor plan for the proposal. This report should be read in conjunction with the accompanying covering letter, DA Form and Appendices. The development is appropriate and is not anticipated to impact upon the amenity of the locality. Council’s approval of the application is therefore sought, subject to relevant and reasonable conditions. RG Strategic Planning Report – Minor Change Application 3
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Figure 1 Site Survey Plan Figure 2 Proposed Floor Plan RG Strategic Planning Report – Minor Change Application 4
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2. Background
• 132001.210011 - On 5 July 2001 Council approved a Development Permit for a Material
Change of Use of Premises for Multiple Dwellings (20 Units), Shops, Medical Centre, Service
Shops, Professional Offices, Commercial Services, Commercial Premises & Restaurants).
• 132001.210011.1 - On 16 February 2016 Council approved a minor change to Lot 4 from a Shop
to a Food and Drink Outlet use.
• 132001.210011.3 – On 29 August 2022 Council approved a minor change to Lot 5 from a Shop
to a Food and Drink Outlet use.
RG Strategic Planning Report – Minor Change Application 5
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3. Development Intent – Proposed Change The applicant is proposing a Minor Change to the approval to add a Food and drink outlet use to Lot 6, 239- 245 Gympie Terrace, Noosaville. Noting the application also seeks to retain the Shop use over the tenancy for future flexibility rather than submitting another application to Council in the future if the tenancy wanted to revert to a Shop. Figure 1 provides a Locality map. Figure 3 Locality Map The Proposed Floor Plan is enclosed within Appendix A. The Certificate of Title and Survey Plan is enclosed within Appendix B. There is no proposed change to the built form of the tenancy. The owner simply seeks to utilise the 101m² lot 6 as a Food and drink outlet and a small outdoor dining area. The development includes the following characteristics: • Use area for indoor dining – 58.8m2 • Use area for outdoor dining- 2m2 • Total use area for car parking calculations – 60.8m2 • Kitchen and food storage areas – 42.2m2 • No change to the total gross floor area – 103m² RG Strategic Planning Report – Minor Change Application 6
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4. Proposed Change to Conditions
A Minor Change to the Existing Approval (132001.210011.3) is proposed to reflect the inclusion of a
Food and drink outlet to Lot 6. Important to note the applicant seeks to retain the Shop approval
over Lot 6. A change to condition 63 and additional condition 79 is sought by the applicant.
4.1 Change Condition 63
Condition 63 reads as follows:
63. The restaurants are limited to tenancies 1, 2, 3, 4 and 5, and shall not exceed a total use area of
368.6m2 inclusive of the outdoor dining areas (total of 72m2). No other tenancy shall be utilised as
restaurant.
The following change to Condition 63 is sought:
63. The restaurants are limited to tenancies 1, 2, 3, 4, 5 and 6 and shall not exceed a total use area
of 429.4m2 inclusive of the outdoor dining areas (total of 74m2). No other tenancy shall be utilised as
restaurant.
It is recommended that the condition is updated to incorporate tenancy 6 to operate as a Food
and Drink use (i.e. Restaurant) as the previous change approval noted tenancy 5 in the approved
conditions for the same use.
4.2 Proposed Additional Condition 79
It is sought Council agree to additional Condition 79 to read as follows:
Additional Condition 79 to read as follows -
79. Lot 6 (tenancy 6) is approved as:
a. The food and drink outlet is in accordance with the definition under the Noosa Plan 2020
and is limited to the total use area as per the approved plans including 2m2 to be used
as outdoor dining.
or
b. A Shop with a gross floor area of 101m2 in accordance with the definition provided in
Noosa Plan 2016.
Lot 6 is approved to be used as a Food and drink outlet and a Shop. The Food and drink outlet is as
defined by the Noosa Plan 2020 and the Shop use as defined by the planning scheme in force at
the time of the original approval in 2001.
This additional condition gives clear direction on the use of lot 6.
RG Strategic Planning Report – Minor Change Application 7
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5. Planning Assessment
5.1 Noosaville Local Plan Code
The subject site is included within the Tourist Accommodation zone under the Noosa Plan 2020. The
proposed change to convert the existing Shop (café) to a Food and drink use is consistent for the
mixed use type zoning of the site and generally demonstrates compliance with the current provisions
of the Noosa Plan 2020. The proposal will be a positive contribution to Gympie Terrace fully
complying with the Planning scheme.
While the proposed use is consistent and fully complies with the Local Plan Code, car parking rates
are discussed below.
5.2 Carparking
The previous change approval was similar to the current request and carparking was discussed in
the Officers delegated report for that change approval. The Officer’s discussion is provided below:
Carparking for the commercial precinct was approved with 43 car parks to be shared across the 8
tenancies with a combined Gross floor area of 660m2.Six (6) spaces were allocated to tenancy 8 for the
medical centre (with a maximum of 2 practitioners) and the remaining 37 spaces were provided for the
remaining tenancies. The planning scheme parking rates for at the time of approval were
• 1 space per 10m2 for the approved 43m2 of outdoor dining for premises 1 and 3 (being
restaurant uses) = deriving a demand of 4.3 = 5 spaces
• 1 space per 20m2 for the first 100m2 of the commercial precinct = 10 spaces,
• 1 space per 15m2 for the remaining 435m2 of the commercial precinct; = 29 spaces
The proposed change application seeks to provide tenancy / lot 5 with the flexibility to operate as a
commercial premises (shop) or a Food and Drink Outlet (restaurant) and provide an additional 5m2 of
outdoor dining. The food and drink outlet has a current car parking rate under the Noosa Plan of
“one space per 20m² of use area and outdoor business area, excluding kitchen and food storage
areas; and”
The carparking demand rate of one per 20m2 is greater than the previously approved commercial rate
of 1 per 15m2. The rate does not include kitchen and food storage areas (being 64.1m2) and included
outdoor business areas ie. outdoor dining (being 5m2) therefore the total carparking demand is 50.6m2
/ 20m2 = 2.53 spaces rounded up = 3 spaces. Which is less than the demand applied under the
previously approved commercial rate. Therefore, the proposed change does not generate any additional
car parking demand based on the planning scheme car parking rates.
Therefore, based on the same carparking calculation as accepted by Council with the previous
change approval, the proposal is within the tenancy’s’ required amount of car parking spaces. Table
1 below provides the detail calculation.
RG Strategic Planning Report – Minor Change Application 8
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Table 1 - Carparking calculation
CARPARKING
Calculation Car spaces
Proposal total use area (kitchen, and food storage areas) = 3 car spaces required
60.8/20 = 3.04
The proposed Minor Change can be supported on a number of grounds as detailed below:
• The proposal can be defined as a Minor Change to Approval in accordance with Schedule
1 of the Planning Act 2016;
• The proposal is consistent with the Overall Outcomes, Performance Outcomes and
Acceptable outcomes sought by the Noosa Plan 2020;
• The development meets the intent of the Noosaville Local Plan Code by providing outdoor
dining and additional food offerings in the tourist area along Gympie Terrace; and
• The proposal meets the carparking provisions of the Development Approval and in fact
results in a surplus of car spaces.
5.3 Minor Change
In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -
(b) for a development approval—
(i) would not result in substantially different development; and
(ii) if a development application for the development, including the change, were made
when the change application is made would not cause—
(A) the inclusion of prohibited development in the application; or
(B) referral to a referral agency, other than to the chief executive, if there were no
referral agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(D) a referral agency, in assessing the application under section 55(2), to assess the
application against, or have regard to, a matter, other than a matter the referral
agency must have assessed the application against, or had regard to, when the
application was made; or
(E) public notification if public notification was not required for the development
application.
RG Strategic Planning Report – Minor Change Application 9
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In respect of whether the change results in a ‘substantially different’ development, assessment
against Schedule 1: Substantially Different Development Guideline contained within the
Development Assessment Rules, is provided in Table 1 below:
Table 2 - Substantially Different Development Guideline
‘Substantially different’
Comment
development
Involves a new use The original approval included restaurants and this
application only seeks to add another restaurant (Food
and drink outlet) to the development. Therefore, the
application does not involve a new use onsite.
Results in the application applying No new land is applied over as part of this change
to a new parcel of land
application.
Dramatically changes the built No built form modifications are proposed.
form in terms of scale, bulk, and
appearance
Changes the ability of the proposal The Food and drink outlet supports the variety of uses
to operate as intended
onsite and does not inhibit the operation of any of the
other tenancies.
Removes a component that is The proposed minor change will not alter any component
integral to the operation of the
of the development.
development
Significantly impacts on traffic flow No impacts will occur as a result of the proposed Minor
and the transport network, such as
Change application. As demonstrated in the body of the
increasing traffic to the site
report, the proposal does not generate any additional
carparking and therefore no further impacts will occur on
the traffic network as a result of this change.
Introduces new impacts or increases The Food and drink outlet adjoins other restaurants in the
the severity of known impacts
same complex and will not increase the severity of or
introduce impacts.
Removes an incentive or offset Not Applicable.
component that would have
balanced a negative impact of the
development
Impacts on infrastructure provisions The proposed Minor Change will not impact upon any
infrastructure network.
RG Strategic Planning Report – Minor Change Application 10
Page 12
6. Conclusions The development complies with the definition of a Minor Change and is consistent with the intent of the original approval. This report demonstrates that the development is permitted pursuant to the provisions of the Planning Act 2016 and the Noosa Plan 2020. The Food and drink outlet is consistent with the intent of the Noosaville Local Plan Code which supports food offerings for visitors and locals alike. Carparking does not raise any issues as it does not trigger any additional spaces, in fact, results in a surplus which can be utilised for minor expansion in the future if needed. Approval of the proposed Minor Change is recommended. We look forward to Council processing the application at its earliest convenience. Should you require any additional information or have any queries please to not hesitate to contact us. RG Strategic Planning Report – Minor Change Application 11
Page 13
Appendix A Proposed Floor Plan Request for a Change to the Conditions specified within the Decision Notice (132001.210011.3) to include a Food and Drink Outlet use and to retain Shop approval Shop 6/239-245 Gympie Terrace, Noosaville Qld 4566 Lot 6 on SP 158841 Depot Noosa Fortified Investments Pty Ltd ATF The Cavallaro Family Trust
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FOOD STORAGE
SEVERY / KITCHEN
SHOP FRONT DINING DINING STORAGE
FOOD STORAGE
ENTRY
OUTDOOR DINING
SHOP 6
2m2 - OUTDOOR DINING
58.8m2 - FRONT OF HOUSE
42.2m2 - BACK OF HOUSE
GROSS FLOOR
AREA: 103m2
01 FLOOR PLAN
202 SCALE 1 : 25 MCU FLOOR PLAN
P (07) 5443 7919
PO BOX 115 MAROOCHYDORE
© THE COPYRIGHT OF THIS DRAWING IS VESTED
SOLELY AND ENTIRELY IN HILLER & ASSOCIATES
CLIENT: PROJECT: DATE DESCRIPTION REV SHEET:
PRELIMINARY
QLD PTY LTD CHRIS CAVALLARO & TEMPORARY CAFE + 19.04.23 MCU - FOR APPROVAL SD1 MCU FLOOR PLAN
8/12 NEWSPAPER PLACE, NOT FOR CONSTRUCTION
MAROOCHYDORE QLD 4558 DO NOT SCALE OFF DRAWINGS JERUSHA AMAN KITCHEN
HILLER.COM.AU FIGURED DIMENSIONS TAKE PREFERENCE TO SCALE
READINGS. CONTRACTORS TO VERIFY ALL 6/239-245 GYMPIE TERRACE SHEET NO. SCALE @ A1 DRAWN PROJECT NO. DATE REV.
ABN:30 105 199 460 DIMENSIONS NOOSAVILLE QLD 4566 AUSTRALIA 202 1 : 25 GMS XXX APRIL 23 SD1
Page 15
Appendix B Certificate of Title and Survey Plan Request for a Minor Change to the Decision Notice (132001.210011.3) to include a Food and drink Outlet use and to retain Shop approval. Shop 6/239-245 Gympie Terrace, NOOSAVILLE 4566 QLD Lot 6 on SP158841 Depot Noosa Fortified Investments Pty Ltd ATF The Cavallaro Family Trust
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Current Title Search
Queensland Titles Registry Pty Ltd
ABN 23 648 568 101
Title Reference: 50447232 Search Date: 14/04/2023 09:39
Date Title Created: 14/07/2003 Request No: 44128280
Previous Title: 50447220
ESTATE AND LAND
Estate in Fee Simple
LOT 6 SURVEY PLAN 158841
Local Government: NOOSA
COMMUNITY MANAGEMENT STATEMENT 31519
COMMUNITY MANAGEMENT STATEMENT 31518
REGISTERED OWNER
Dealing No: 709679874 15/06/2006
ROSS ALFRED KNIGHT
EASEMENTS, ENCUMBRANCES AND INTERESTS
1. Rights and interests reserved to the Crown by
Deed of Grant No. 10623135 (POR 2)
2. MORTGAGE No 710348148 19/02/2007 at 12:21
BENDIGO BANK LIMITED A.B.N. 11 068 049 178
3. LEASE No 719599882 03/09/2019 at 13:23
FINE C&S PTY LTD A.C.N. 634 701 901
OF THE WHOLE OF THE LOT
TERM: 26/07/2019 TO 25/07/2022 OPTION 3 YEARS
4. AMENDMENT OF LEASE No 721892420 09/08/2022 at 15:08
LEASE: 719599882
TERM: 26/07/2019 TO 25/07/2025 OPTION 3 YEARS
ADMINISTRATIVE ADVICES
NIL
UNREGISTERED DEALINGS
NIL
Caution - Charges do not necessarily appear in order of priority
** End of Current Title Search **
COPYRIGHT QUEENSLAND TITLES REGISTRY PTY LTD [2023] www.titlesqld.com.au
Requested by: D-ENQ TITLES QUEENSLAND Page 1/1
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SP158841 V2 REGISTERED Recorded Date 14/07/2003 08:36 Page 1 of 3 Not To Scale
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Copyright protects the plan/s being ordered by you. Unauthorised reproduction or amendments are not permitted.
00/992-!
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Wikdeana pRe-eobered Vide leber dated +067-70675- 70679469 6355 .55 ifs WARNING : Folded or Mutilated Plans will not be accepted. Plans may be rolled. Information may not be placed in the outer margins. Registered $699 55 s. Lodged by Keviel COLLINS + Assoe. fo, SKA PoARI SON + MILLER 14/07/2083 08:36 N&@ 8&0} NR 400 NT (Include address, phone number, reference, and Lodger Code) 1. Certificate of Registered Owners or Lessees. 6. Existing Created SAV, I/We Noo AVILLE HOLOINGS or. LTO. AN 074 M2 ITI AS Title Reference | Lot Plan. Lots Emts Road - MGS EBS, | | sSPis8a4o I-8 &C/P ENCUMBRANCE EASEMENT ALLOCATIONS Easernent Lots to be Encumbered 705336021 c/P 705336024 c/P 4% Rule out whichever is inapplicable, 2. Local Government Approval. * COUNCIL OF THE SHIRE OF NOOSA cman hereby approves this pian in accordance with the : % Jweqratec Planning Aed 1499 Development Approval Date - 20/11/02 12, Building Format Plans only. POR 2 1-8 &C/P Tcertify that: ; . * As far as it is practical to determine, no part . of the building shown on this plan encroaches Orig Lots onto adjoining lots or road; 7. Portion Allocation : s. Map Reference : —_ Li d Surveyor/Bireeter * Dai Dated this... AQUA. dey OF oo obey sos 2OEB oso nn 9545-33143 Licensed Suveyon ne 9. Locality : 13. Lodgement Fees : # NOOSAVILLE Survey Deposit $..... , “tMtenager of Bung a 1. Local Government : Lodgement $... NOOSA Ss Cc _.. New Titles $s... nt. % Pi Act 1997 Photocopy Bocce ; inser we a srelgnetory or delegation tpeal Gowmment ‘Planing & Environment Act 1990 a1. Passed & Endorsed : Postage s 3 Plans with Community Management Statement: | 4 References : By: Maxwell Lesile Watterson TOTAL s CMS Number : 2 / = / gq Dept File : Date : —— ; . Local Govt: Signed : en SP | 5884 | Name: COLONIAL COMMERCIAL Surveyor: 00/992-1 Designation : Number
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I- 266/00 of 2 Sheet 2 ADDITIONAL SHEET ; Land Act 1994 Land Title Act 1994 Form 21A Version | G@T-T aWOS €@ Ovid (avd UVALRId) OFEBSIAS Saul P SODIMOSag [DID JO 7UaURIDGSG 8G} Ul OFEBSTAS Woy Pal/diioa Uo DULojy jOUbO el Cn: | a a "Sed}eW Ul 34D sy}6ue7 — Ggj :| a1pD9S ¥ T State copyright reserved SP158841 Insert Number Plan 150 [mm
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STRATEGIC V4" April 2023 Our Ref: 002671 Noosa Shire Council The Chief Executive Officer 9 Pelican Street Tewantin QLD 4565 Via email: [email protected] ATTENTION: DEVELOPMENT ASSESSMENT Individual Owner's Consent for Making a Development Application Under the Planning Act 2016 Request for a Minor Change to the Decision Notice (132001.210011.3) to include a Food and drink Outlet use and to retain Shop approval. Shop 6, 237-245 Gympie Terrace, NOOSAVELE 4566 GLD Lot 6 on SP1S8841 Good Day, lam the registered owner of the premise and land at Colonial Commercial, 6/239-245 Gympie Terrace, Noosaville GUD 4566 | hereby consent to RG Strategic making a development appiication under the Planning Act 2016 for the abovementioned use on the described lands. NAME cc RG Strategic PO Box 1818 OF S474 3873 Noosa Heacs OOminargstrategrc.com.cau QLD 4567 fastrotegic.com.au
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. G STRATEGIC STRATEGIC SOLUTIONS, CREATIVE THINKING rgstrategic.com.au
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