Extension to Currency Period - Council Report MCU11 0266.03

MCU11/0266.03 REQUEST FOR EXTENSION TO currency PERIOD FOR A Development Permit for Material Change of Use of Premises FOR office, restaurant & shop AT 6 HERON STREET, PEREGIAN BEACH
Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU11/0266.03

Attachments	1.	Approved Plans for MCU11/0266
2.	Plans associated with appeal application

APPLICATION DETAILS
Applicant	Dave Maloney Investments Pty Ltd
Proposal	Extension to Currency Period
Properly Made Date	4 June 2020
Development Approval	Material Change of Use for Business Type 1 Office, Entertainment and Dining Business Type 1 Food & Beverage & Retail Business Type 2 Shop & Salon

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

RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 September 2020 regarding Application No. MCU11/0266.03 for an extension to the currency period for a Development Permit for Material Change of Use for Business Type 1 Office, Entertainment and Dining Business Type 1 Food & Beverage & Retail Business Type 2 Shop & Salon, situated at 6 Heron Street, Peregian Beach and:
A.	Refuse to extend the currency period for the following reasons:
The proposed development is contrary to the Overall Outcomes 7.7.2 g), jj) and oo) and Specific Outcomes O6 and O12 of the Eastern Beaches Locality Code of the Noosa Plan 2006 as:
i.	The proposed development does not incorporate a pitched or curved roof form, exceeds the maximum plot ratio for the Neighbourhood Centre Zone and results in a building scale which is not compatible with surrounding development and which presents an appearance of excessive bulk to adjacent properties, roads and the village green.
The proposed development is contrary to the Purpose, Overall Outcomes and Performance Outcomes PO11 and PO12 of the Local Centre Zone of the Noosa Plan 2020 as:
i.	The proposed development is not small in scale in the context of Peregian Beach village, exceeding the maximum plot ratio of the site and will result in a building which is not compatible with the scale of surrounding development and presents a bulky appearance adjacent properties, roads and the village green.
ii.	The proposed development does not provide a 2 metre setback to the village green and maintain the visual continuity and pattern of buildings fronting the village green and consequently will impact on the area’s amenity.
The proposed development is contrary to the Purpose and Overall Outcomes and the Performance Outcome PO3, PO7 and PO10 of the Coastal Communities Local Plan Code of the Noosa Plan 2020 as:
i.	The proposal does not retain and enhance the built form of streetscape character of the centre as the scheme has excessive plot ratio and site cover, and proposes inadequate setbacks to the village green.
ii.	The proposed development does not provide varied roof forms and variations in projected and recessed elements and facades.
iii.	The proposed development does not respect the scale and character of development on adjoining sites and is not sympathetic to the coastal village character of the local centre.
It is unlikely the proposed development can proceed as approved as it makes no allowance for equitable access to level 1 and the roof terrace contrary to the Building Code of Australia and the Disability Discrimination Act 1992.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks an extension to the currency period of a Material Change of Use for Business Type 1 Office, Entertainment and Dining Business Type 1 Food & Beverage & Retail Business Type 2 Shop & Salon by 2 years. The existing approval allows for a gross floor area of 454m2 which is more than twice the maximum permitted under the superseded planning scheme.
The following image identifies the site in the Peregian Beach village:

Figure 1: Locality plan
background
The Peregian Beach village includes a variety of shops, restaurants and offices for residents and visitors to the area all orientated around a village green or square. 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 on the subject site. 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 comprises 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 Noosa Plan 2006 current at the time.
A roof top terrace was also approved for the use of tenants only, with no access permitted to the public. A condition of approval was included specifically prohibiting the use of the roof terrace for any restaurant or shop use.
A copy of the approved plans is provided as Attachment 1.
On 6 April 2016, Council approved an extension to the currency period granting an additional currency period of 4 years. Therefore the development approval 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
The proposed changes not constituting a minor change
The change application was withdrawn on 23 May 2019.
The following images are the approved plans and artist impressions of the development:

Figure 2: Ground floor plan

Figure 3: First floor plan

Figure 4: Roof terrace plan

Figure 5: Northern elevation

Figure 6: Western elevation
Figure 7: Artistic impression - Eastern elevation

Figure 8: Artistic impression - Western and Northern elevations
MCU18/0204
On 5 June 2019 Council refused a Development Application for Material Change of Use – Commercial Business Type 1 – Office, Entertainment and Dining Business - Type 1 Food & Beverage and Retail Business - Type 2 Shop & Salon. The application sought approval for a three storey development comprising:
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);
Roof top
53m2 roof top terrace area.
The application included use of the roof terrace for a restaurant dining from 7.00am until 9:00pm seven days a week. A copy of the plans are provided at Attachment 2.
The grounds of refusal generally related to the proposed built forms inconsistency with the desired outcomes of the Eastern Beaches Locality Code and that insufficient car parking was proposed.
On 3 July 2019 the applicant appealed Council’s decision.  The appeal has since been heard by the Planning & Environment Court and a decision by the Court is pending.
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 for many years by a retail use (Friendly Grocer). The existing building onsite is rectangular in shape.
The tenancy has a 10m frontage to Kingfisher Drive and a 27m frontage to Heron Street. Established garden beds and vegetation abut the site along both road frontages and a pedestrian crossing provides linkage to the site from Peregian Beach Park.
Surrounding Land Uses
Being located within the Peregian Beach village, a variety of retail and commercial uses have established within vicinity  of the site that serve the surrounding residents of Peregian Beach and visitors to the area. 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.
assessment
The applicant has requested an extension to the currency period to the development approval under section 86 of the Planning Act 2016. Pursuant to section 87 of the Planning Act 2016 (PA):
When assessing an extension application, the assessment manager may consider any matter that the assessment manager considers relevant, even if the matter was not relevant to assessing the development application.
The matters which are considered to be relevant to the assessment of the application are discussed in detail below:
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 and specific 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—
Peregian Beach provides a mix of detached houses, Multiple housing and Visitor Accommodation for residents and visitors;
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;
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;
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
the sense of arrival to the coastal communities of Noosa from the south is emphasised and enhanced;
oo) 	For the Neighbourhood Centre Zone—
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;
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;
Business Uses are of a scale and character consistent with the locality and the commercial and retail hierarchy of Noosa; and
development provides for strong pedestrian and visual connections between private development and adjacent public spaces;
Specific Outcome O6
Site cover, gross floor area and plot ratio
O6The site cover, gross floor area and plot ratio of buildings and other roofed structures—
a) 	results in a building scale that is compatible with surrounding development;
b) 	does not present an appearance of excessive bulk to adjacent properties, roads or other areas in the vicinity of the site;
c) 	maximises the retention of existing vegetation and allows soft landscaping between buildings;
d) 	allows for adequate area at ground level for outdoor recreation, entertainment, clothes drying and other site facilities; and
e) 	facilitates onsite stormwater management and vehicular access.
Specific Outcome 012
Roof form O12 Roof forms—
a) 	contribute positively to the local skyline;
b) 	complement the beachside character of the locality;
c) 	use soft and articulated pitched or curved roof forms;
d) 	avoid low pitched (eg. less than 5 degrees) or box profiles/parapets; and
e) 	do not create opportunities for residents to overlook the private open space areas of neighbouring properties
The proposal 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.
Built Form
Notably, the built form and scale of the development has been addressed by an external consulting architect as part of a Joint Expert Report (Architecture) for the recent appeal.
Council’s expert noted that in regards to the approved development (NR is Council’s expert):
The approval scheme manages to break down its building bulk more effectively than the proposal scheme. This is of critical importance from an architectural sense. Despite still incorporating what NR considers to be excessive plot ratio, site cover and building height, the approval scheme manages to be more compatible with the two-storey streetscape context and better delivers on the informal beachside character and informal village-like atmosphere.
It is NR’s view that the approval scheme responds to the site’s strategic street corner location, which is prominent in terms of connection to the Peregian Park opposite, the Peregian Beach Markets, the village square and the esplanade, much more appropriately than the proposal scheme - the openness of the façade along Heron Street will better foster local community interaction and activity.
The approval scheme features a variety of materials across its façade,
NR would once again note that the SCRC approval scheme was given an almost hesitant extension by the Noosa Council in 2016, despite its non-compliance with the town planning provisions on roof design. The justification being that:
i. 	“The high quality finishes of the design does not represent over development of the site and
ii.	 The scale and form of the proposed building fits well within Peregian Square context and is designed to be responsive to the informal beachside character of the locality, which engenders a ‘sense of place’ and a public focus for local community interaction and activity”
It is important to recognise that these comments were made on the basis of making a comparison between the approved development and the development application subject to the appeal. Notwithstanding, the comments recognise that the approved development includes some design elements which are complementary to the preferred outcomes sought by the superseded planning scheme.
Plot ratio
However, it is also noted that Council’s expert makes reference to both proposals having excessive plot ratio. The expert’s comments with regards to plot ratio highlight the considerable variation that has been previously provided in relation to plot ratio.
Plot ratio was introduced in the 1985 planning scheme at which time a plot ratio of 2:1 was allocated for this site. Plot ratio was reduced to 0.8:1 in the 1990 planning scheme at which time bonus provisions attributed to public amenities, pedestrian facilities, landscaping and access were introduced.
The bonus provisions allowed Council the discretion to grant floor space bonuses for developments that provided improved public amenities and pedestrian facilities. The scheme provided floor space bonuses in the form of up to 4m2 of additional floor space for every 1m2 of public amenities and up to 3m2 of additional floor space for every 1m2 of pedestrian facilities. The 1990 planning scheme limited the maximum plot ratio to 1.6:1 where the bonus provisions were applied, the 1997 scheme amended the maximum plot ratio where bonus provisions were applied to not more than 50% of the base plot ratio which for sites under 2,000m2 equated to 1.2:1.
For the Neighbourhood Centre Zone of the superseded planning scheme the maximum plot ratio is as follows —
0.8:1 for site areas up to and including 2000m2 ; and
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 is 0.8:1 which equates to 216.8m2.
The superseded planning scheme does not include any bonus provisions.
The current approval has approximately 452m2 of gross floor area which equates to a plot ratio of 1.67:1. This exceeds the superseded planning scheme and is also in excess of the maximum allowable plot ratio which was permitted when the bonus provisions applied.
A plot ratio of 1.67:1 also exceeds the most recent development approvals within proximity of the site at 8 Kingfisher Drive and 216 David Low Way where the approved plot ratio was 1.13:1 and 1.4:1 respectively. Both of these approvals were issued under the 1997 planning scheme and each development provided for public toilets with the development at 216 David Low Way also providing pedestrian access through the site. The approved plot ratios were generally in alignment with the additional floor space bonuses afforded by the 1997 planning scheme.
Whilst the development at 4 Kingfisher Drive has a plot ratio of approximately 1.88:1 the related approval was issued in 1979 at which time plot ratio was not regulated noting there have been five subsequent versions of the planning scheme since the time of the 1979 approval.
The proposed plot ratio of this development is more than two times the amount permissible under the superseded planning scheme. The plot ratio significantly exceeds the plot ratios of buildings approved under the 1997 Planning Scheme bonus provisions and notably the proposed development does not provide for any public benefit (such as public toilets of pedestrian links). As such, the proposed plot ratio is excessive. The excessive plot ratio results in the development being inconsistent with the scale of surrounding development and presents an appearance of excessive bulk to adjacent properties, roads and the village green. As discussed by Council’s architectural expert a reduced plot ratio will allow for development at this site to be compatible with the surrounding development. This can be achieved if it is more broken up in its form, stepping in and out, providing more articulation.
Other matters
It is also noted that the proposed flat roof does not provide for the roof form sought by the superseded planning scheme which seeks the use of soft and articulated pitched or curved roof forms of no less than 5 degrees.
Furthermore, during the appeal Councils architectural expert noted:
It is noted that the existing approval makes no allowance for equitable access to level 1 and the roof terrace, i.e. no elevator for the disabled.  The building would be unlikely to pass the requirements of the Building Code of Australia nor satisfy the Disability Discrimination Act and it is reasonable to consider that a lift, or chair lift associated with the stair, would need to be contemplated
The provision of a lift will require alteration to the approved plans and will likely result in the development exceeding the maximum 8.0 metre height limit due to the inclusion of a lift. Furthermore the inclusion of a lift would also result in changes to the internal configuration of the development and as such the development would not be able to proceed as approved.
NEW NOOSA PLAN
As the new planning scheme came into effect on 31 July 2020 it is reasonable that the proposed development’s compliance with the new scheme forms part of the assessment of the request to extend the currency period.
Under the new planning scheme the site will be zoned Local Centre and the proposed development would remain Code assessable and the maximum permissible building height remains at 8.0 metres. However, under the new scheme the allowable plot ratio will increase to 1.4:1, but a new setback of 2 metres for the first floor from the village green is required and a new framework for assessment with regards to building design and streetscape are introduced.
With regards to plot ratio the new scheme has increased the plot ratio of sites which adjoin the village green from 0:8:1 to 1.4:1. In this regard, Council’s expert architect to the appeal has made the following observations:
This plot ratio of 1.4:1 – is a 75% increase over the 0.8:1 plot ratio in the current (now superseded) Noosa Plan……A plot ratio increase to 1.4:1 is in line with what NR would consider to be reasonable for the site, it would respect an increase in activity intensity, would seem to respect the type of plot ratio relaxations already provided to recent developments in the centre, but would still fall short of permitting a building to essentially fill the site to 2 storeys…….Holding the plot ratio to 1.4:1 will allow for development across two storeys whilst still requiring some level of gesture back to the public realm in the way of façade articulations, steps and recesses. This will work architecturally to help avoid……bulky overdevelopments of the site that are out of keeping with the informal beachside character of the locality.
Reducing the plot ratio of the development from 1.67:1 to 1.4:1 would result in a reduction of approximately 73m2 of gross floor area or by 16% which is significant and would reduce the bulk of the building and allow for improved articulation. It is important to note that if a plot ratio of 1.67:1 were approved it would effectively set the benchmark for future development in the Local Centre Zone within Peregian Beach. This would be contrary to the intent of the new planning scheme, which has specifically allocated an increased plot ratio of 1.4:1 to sites adjoining the village green, and result in bulky developments as expressed by Council’s architectural expert.
Furthermore the Local Centre Zone Code within the new planning scheme requires that properties provide a 2 metre setback for the first floor to the village green. The current approved plans do not provide a setback to the village green with pivoting shade fins set to the boundary and which marginally intrude beyond the boundary when opened.
Performance Outcome PO3 of the Coastal Communities Local Plan Code seeks that:
Development contributes to the establishment of attractive streetscapes and gateways to enhance the sense of arrival and the coastal village character of the separate urban communities within the local plan area.
To achieve this outcome the Peregian Beach Framework and Character Plan establishes a framework for development on key sites within the Peregian village. In this regard the plan identifies that the site is marked as a double ‘key corner’ site is adjacent to a ‘gateway/special place,’ has a ‘primary active street frontage,’ fronts onto a ‘primary streetscape treatment area’ and is listed as a ‘Peregian Beach key redevelopment site’. Accordingly, the planning scheme includes design outcomes which seek that development incorporates building materials such as varied roof forms, changes in materials and variations in projected and recessed elements and facades. The excessive plot ratio, absence of varied roof forms and zero setback of the upper level from the village green result in the development being inconsistent with this Performance Outcome.
conclusion
The application for an extension to the currency period for MCU11/0266.03 relating to Material Change of Use for Business Type 1 Office, Entertainment and Dining Business Type 1 Food & Beverage & Retail Business Type 2 Shop & Salon at 6 Heron Street Peregian Beach is recommended for refusal. The proposed development exceeds the allowable plot ratio of the superseded and current scheme and the subsequent building bulk is not consistent with surrounding development, the informal character of the Peregian beach village or the Peregian Beach Framework and Character Plan. It is also noted that the proposed flat roof form does not comply with the requirements of the superseded planning scheme. Furthermore, the development does not provide sufficient setback to the upper level which fronts the village green as required by the new Noosa Plan.
It is also unlikely that the development can proceed as approved as there is no allowance for equitable access as required by the Building Code.
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		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	8 SEPTEMBER 2020

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