Delegated Report - Impact - Planning MCU19 0031 · MCU19/0031

Author	Contract Planner, Ben Thrower
Development Assessment

APPLICATION DETAILS
Application No.	MCU19/0031
Applicant	Javatex P/L
Proposal	Material Change of Use - Retail Business - Type 2 Shop
Properly Made Date	25 March 2019
Information Request Date	8 April 2019
Information Response Date	16 July 2019
Decision Due Date	27 September 2019
Report Completed Date	22 August 2019
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	13 Noosa Dr Noosa Heads
RP Description	Lot 5 RP 91777
Land Area	417m²
Existing Use of Land	Retail

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosa Heads
Zone	Visitor Mixed Use
Overlays	Flood
Assessment Type	Impact
PROPOSAL
The application seeks retrospective approval for a Material Change of Use - Retail Business - Type 2 Shop in the form of a Surf Shop (i.e. clothing and surfboard hire) within an existing building.  The proposed development includes:
95m² gross floor area (GFA) within the existing building footprint, consisting of an indoor enclosed area of 60m² GFA and outdoor under awning area of 35m² GFA;
Four carparks, including 1 PWD carpark and associated shared zone;
Four motorcycle parks (note: the applicant has applied the provisions within Noosa Planning Scheme Policy 26 – Motorcycle and Motor Scooter Parking, being to provide four motorcycle spaces in lieu of one carpark space).
Two bicycle spaces;
Retention of the existing onsite vegetation; and
Additional soft landscaping area (i.e. forming a total of 50.3m² soft landscaping) to increase the existing landscaped amenity.
The existing building and outdoor area is currently approved for Type 5 Vehicle Uses.  The applicant has specifically excluded vehicle hire, including scooters, from the proposed future use of the site.
The Surf Shop has already commenced operation, hence the application seeks retrospective approval for the proposed use.
A proposed plan of development is included as Figure 1.

Figure 1: Proposed Plan of Development
site details
Background
In June 1978, Council approved a car rental business.
On 15 January 2015, Council refused an application for a Retail Business.
The site and existing building is currently being used for the hire of bicycles, scooters and surfboards.
Site Description
The site is located in Noosa Heads and is trapezium in shape, with a frontage to Noosa Drive of approximately 14m.  The site supports a commercial building of 95m² gross floor area (GFA) consisting of an indoor enclosed area of 60m² GFA and outdoor area under awning of 35m² GFA.
Part of the driveway is sealed (i.e. approximately 30m²) with the balance of the driveway being gravel and providing access to the rear of the building.  There are no marked car spaces at the rear of the site.
There is one tree at the front of the site, two trees at the rear of the site and one tree located on or near the northern side boundary.
An aerial image of the site is included a Figure 2.

Figure 2: Aerial Image of the Site
Surrounding Land Uses
The site is within the Hasting Street tourist precinct, surrounding by tourist retail outlets and accommodation.
An aerial image or the site and wider locality is included as Figure 3.

Figure 3: Aerial Image of the Site and Wider Locality
assessment
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.
The following codes from the Noosa Plan are applicable to this development:
Noosa Heads Locality Code;
Business Uses Code; and
Works Codes.
The subject site is located in the Noosa Heads Locality and is zoned Visitor Mixed Use Zone. The proposed use is defined as a consistent use with the zone and is required to follow an impact assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Population density	N/A persons max	N/A	-
Gross floor area	440m² max	95m²	
Site cover	45% max	22%	
Landscaped open space Soft landscaping Landscaping Setbacks	42m² min	50m²	
Building height storeys metres	4 storeys max 15 metres	1 storeys <15 metres	
Boundary setbacks Frontage	2 metres min and average of 4m	Approx. 4 metres	
Length of wall	15 metres max	<15 metres	
Car Parking	5 uncovered min	4 uncovered + 4 motorcycle spaces	
Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	2 bicycle spaces 1 locker per 2 bicycle spaces and; 1 shower cubicle with ancillary change room per 10 bicycle spaces	2 bicycle spaces N/A N/A	- -
Ratio units : shops	20:1 max	0:1	X
Non-residential component	20% max	100%	X
Ratio units : shops
While no residential uses form part of the application, the proposed retail use is considered reasonable on the basis it is to be located within an existing retail building, with no extensions or additional GFA proposed as part of the application.
Retail Business - Type 2 Shop and Vehicle Hire Split
While the existing retail business (i.e. the subject of this application) currently hires scooters, the applicant has specifically excluded vehicle hire, including scooters, from the ongoing use of the site.  Further the applicant has confirmed that they will accept a condition specifically limiting the future retail operation to Retail Business - Type 2 Shop only.
A condition to this effect is recommended on the basis that, in part, the hire of Scooters otherwise triggers additional car parking and the plans do not illustrate where the hire Scooters would be located.
Access & Car Parking.
Engineering Services has assessed access and car parking and concluded:
“The applicant has submitted a preliminary design for the access and car parking. The preliminary design includes sensor monitored spaces linked to a boom gate and a clear zone at the front of the shop to provide a turning area for vehicles should the boom gate be down. It is acknowledged that the turning area is constrained but it is functional and given the site’s location/layout it is considered a reasonable outcome.”
In addition, it is noted five carparks are required, however only four carparks are being provided.  However, the applicant has applied the provisions within Noosa Planning Scheme Policy 26 – Motorcycle and Motor Scooter Parking, being to provide four motorcycle spaces in lieu of one car parking space.
Corresponding conditions of development are recommended below, and a future requirement for an Operational Works Permit for Access and Car Parking is noted to ensure the proposed outcome is achieved.
Stormwater
Engineering Services has assessed stormwater and concluded:
“The existing site stormwater system is unknown and it is considered that the issue can be addressed by the inclusion of reasonable conditions.”
Corresponding conditions of development are recommended below, and a future requirement for an Operational Works Permit for Access and Car Parking is noted to ensure a satisfactory site stormwater system is achieved.
Landscaping
Ecology Services has assessed the existing vegetation and proposed soft landscaping and recommended conditions of development, and a future requirement for an Operational Works Permit for Landscaping, to ensure the existing trees are protected and appropriate vegetated landscaping is planted.
draft planning scheme
The relevant New draft Noosa Plan provisions are similar to the current Planning Scheme and therefore no change to the assessment outcome would result from the new Noosa Plan.
cONSULTATION
Referral Agencies
Nil
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering Services; and
Environmental Services.
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. No properly made submissions were received.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU19/0031 for a Material Change of Use - Retail Business - Type 2 Shop situated at 13 Noosa Dr Noosa Heads and described as Lot 5 RP 91777, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU19/0031
Street address:	13 Noosa Dr Noosa Heads Qld 4567
Real property description:	Lot 5 RP 91777
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Retail Business - Type 2 Shop
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
SK03	N/A	Turning Template – Sheet 2 of 2 prepared by 360 Civil Consulting	August 2019
Nature and Extent of Approved Use
The approved use must not operate outside the hours of:
7am to 10pm Monday to Thursday
7am to 11pm Friday and Saturday
9am to 10pm Sunday or any public holiday
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays.
The shop as shown on the Approved Plans must only be used for the purpose of a Retail Business - Type 2 Shop in accordance with the definitions of the planning scheme.
The approved use does not extend to Vehicle Hire, including the hire of any Scooters.
Site Access and Driveways
A sealed access driveway must be provided from Noosa Drive to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover located generally in accordance with the drawing titled “Layout Plan” number SK01 of 3 prepared by 360 Civil Consulting dated August 2019. The works must include any necessary improvements to the existing access and footpaths to cater for the proposed vehicle traffic.
Car Parking
A minimum of four carpark spaces (including a person with disability bay and associated shared zone), four motorcycle parking spaces and two bicycle parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
parking spaces generally in accordance with the drawing titled “Layout Plan” number SK01 of 3 prepared by 360 Civil Consulting dated August 2019
the sensors and linked boom gate generally in accordance with the drawing titled “Layout Plan” number SK01 of 3 prepared by 360 Civil Consulting dated August 2019
the linemarked clear area for manoeuvring at the front of the building generally in accordance with the drawing titled “Layout Plan” number SK01 of 3 prepared by 360 Civil Consulting dated August 2019
the disabled parking space/s must be in accordance with AS/NZS2890.6:2009
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS 2890.1:2004 for the relevant user class
All carpark areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct customers to the carpark spaces provided on site.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and include connection to Council’s stormwater drainage system or alternatively stormwater runoff be disposed of on-site without causing scour or damage to the subject site or any adjoining property
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Landscaping
Trees on the site must be retained in good health for the life of the development. Existing trees on the site, adjacent sites and in the road reserve must be retained in accordance with an Arborist Report (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
A minimum of 50.3m² of the site must be retained as soft landscaping and located generally in accordance with the drawing titled “Layout Plan” number SK01 of 3 prepared by 360 Civil Consulting dated August 2019.  The soft landscaping is to be endorsed through an Operational Works approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
Arborist Report
For the purpose of preparing an Arborist Report, a qualified person is considered to be a person with either:
ISA certification; or
a Diploma of Arboriculture in addition to a minimum of 3 years current experience in the field of arboriculture.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access and Car Parking Stormwater Landscape
Development Permit for Building Works	Building Certification
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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