Material Change Of Use Application For Retail Business Type 2 - Shop & Salon Situated At 15 Noosa Dr, Noosa Heads - MCU14/0053

MATERIAL CHANGE OF USE APPLICATION FOR RETAIL BUSINESS TYPE 2 - SHOP & SALON SITUATED AT 15 NOOSA DR, NOOSA HEADS - MCU14/0053

Document informatio
Author	Development Planner, Jack Lewis
Planning & Infrastructure Department

Index	ECM / Application / MCU14/0053

Attachments	1.  	Additional Proposal Plans
2.  	Site Photos

APPLICATION DETAILS
Applicant	Cammeray Investments Pty Ltd
Proposal	Development Permit for Material Change of Use for a Retail Business Type 2 - Shop & Salon
Properly Made Date	15 July 2014
Information Request Date	21 July 2014
Information Response Date	17 March 2015
Decision Due Date	23 June 2015
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	15 Noosa Drive, Noosa Heads
RP Description	Lot 6 on N21827
Land Area	286m2
Existing Use of Land	Shop

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Visitor Mixed Use
Overlays	Natural Hazards Potential Acid Sulfate Soils Medium Bushfire Hazard Subject to Minimum Floor Heights
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 26 May 2015 for Application No. MCU14/0053 for a Development Permit for Material Change of Use for a Retail Business Type 2 – Shop & Salon, situated at 15 Noosa Drive, Noosa Heads and:
A.	Refuse the application for the following reasons:
The proposed development does not meet the Overall and Specific Outcomes of the Driveways and Car Parking code as sufficient car parking is not provided on site to accommodate the number of vehicles likely to be generated by the development.
The proposed development does not meet the Overall and Specific Outcomes of the Noosa Heads Locality Code as the proposals exceeds the 45% site cover requirement for Visitor Mixed Use Zone, having a 65% site cover.
B.	Give notice to the property owner that the unapproved building works on site must be demolished within 6 months of Council’s decision.

REPORT
PROPOSAL
The application seeks approval to use an additional 100m2 of shop area at the ‘Golden Breed’ surf shop situated at 15 Noosa Drive, Noosa Heads. This would increase the total approved use area of the shop from 85m2 to 185m2.

The application is the result of breach action following a complaint received by Council. The additional floor space has been constructed without a Building or Planning Approval and is currently being used by the surf shop.

Additional building works are proposed to make the existing floor space compliant with Building Code of Australia (BCA), including a fire rated wall along the northern property boundary, and a portion of new roof and guttering. No additional parking is proposed on site for the additional floor space. In lieu of onsite parking for the proposed extension, the applicant is offering to pay contributions towards public transport facilities in the area.

The locality and proposal plans are included as Figures 1 & 2 with supplementary plans and site photos included as Attachment 1 & 2.

Figure 1 – Locality Plan

Figure 2 – Proposal Plan

site details
Background
On the 13 October 2008, Council issued a development approval (08/0890) for a Retail Business Type 2 – Shop & Salon with a total gross floor area of 85m2. At the time, the tenancy was being used by a real estate agent and the change of use to a shop did not generate additional carparking demand. A copy of the approved plan is included as Figure 3.

Figure 3 – Existing Shop Approval Plan

On the 28 November 2013, Council responded to a written complaint from a local trader relating to the establishment of a coffee cart and unapproved building works on the site. Since the commencement of breach action, the coffee cart has been removed and this development application seeks to address the unapproved building works associated with the increased shop area.
Site Description
The 286m2 site includes 11m of road frontage to Noosa Drive and 34m of road frontage to Halse Lane. An awning and raised deck area extends along the building frontages, which is currently being used as shop display area.

The site is relatively flat and includes existing mature vegetation at the rear of the building. A 1m high retaining wall extends along the rear of the property.
Surrounding Land Uses
Directly adjoining the site to the north is an existing vehicle hire business. To the east of the site is the access driveway for the Mantra French Quarter Resort and Halse Lodge. Across Noosa Drive to the west of the site are the Noosa Heads Lion Park and the Noosa Heads bus stop.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions; and
the Planning Scheme for the local government area;
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposed urban activity is consistent with the regional policies of the Regional Plan and the interim development assessment provisions of the State Planning Policy.
Statutory Instruments – Planning Scheme
The subject site is located in the Noosa Heads Locality and is zoned Visitor Mixed Use. The proposed use is identified as a consistent use within the zone and is required to follow an impact assessable application process.
Locality Provisions
The Noosa Plan seeks for the Hastings Street/Noosa Drive area to be predominantly residential in nature and incorporate restaurants and shops that are of particular interest to visitors at the ground floor. Business outlets are intended to be relatively small in size and be of individual character.
The existing shop is located on a prominent corner site, marking the entrance to the Hastings Street/Noosa Drive area. The additional development does not propose substantial changes to the front façade of the building or its general appearance from the street. However, the proposal more than doubles the floor area of the existing shop tenancy within unapproved additions along the side and rear of the existing building.
The additional shop area raises significant concerns with The Noosa Plan’s provisions for carparking and built form, as discussed in the following sections.
Land Use & Works Provisions
The following table details the compliance of the proposed development against the key technical provisions of The Noosa Plan, with further assessment provided thereafter.
Table 1 Assessment against the key technical provisions
Criteria	Planning Scheme	Proposal	Complies
Gross floor area	320m² max	185m²	
Site cover	45% max	65%	X
Landscaped open space Landscaping Setbacks	28.6m² min (10%) 2m from frontages	101m² (36%) No change	
Building height - storeys - metres	2 storeys max 6 metres	1 storey 4.5 metres	
Boundary setbacks - Frontage (Noosa Drive) - Frontage (Halse Lane – south) - Frontage (Halse Lane – east) - Side	2m (avg. 4m) 2m (avg. 4m) 2m (avg. 4m) Nil	3.75m to 5.25m 1m to 3m 4m 0m	X
Carparking	10.7	Nil	X
Carparking
The existing approval included 85m2 of shop floor area and requires 4.25 car parking spaces based on the Noosa Plan carparking rates. The additional 100m2 of floor area generates an additional carparking demand of 6.42 spaces. The site includes no on-site carparking.
The applicant submits the small size of the shop and its location near existing public transport infrastructure means the provision of on-site parking is not an essential or practical requirement. Instead, the applicant proposes to enter into an infrastructure agreement for payment in lieu of 6 off-street parking spaces.
The applicant proposes contributions totalling $135,732 to be used in accordance with the now repealed PSP13 – Contributions in lieu of Provision of Off-street Parking. This repealed policy allowed for contributions to be used for acquisition, construction and/or modification of land for parking, or the improvement of public transport infrastructure, subject to meeting certain requirements.
At its Ordinary Meeting of 26 June 2014 Council resolved:
That Council request Strategic Land Use Planning to prepare a detailed report addressing the feasibility of accepting contributions in lieu of the provision of off-street parking within each locality and, in the interim, not generally accept monetary contributions in lieu of the provision of off-street parking.
The resolution indicates it  would not generally be appropriate to accept monetary contributions in lieu of providing carparking, and in the interim, each development application must be assessed on its merit. While the Hastings Street area is generally considered a key location for delivery of future public transport infrastructure, Council currently does not have an adopted policy position for infrastructure spending for parking contributions, and it is problematic to continue to increase parking demand without identified ways to invest the offsets.

Although Council has accepted monetary contributions in lieu of providing carparking since the resolution, these applications were both lodged at a time when the previous Planning Scheme Policy was still in place. The current application was lodged after the Council’s resolution and the applicant was made well aware of Council’s position about not generally accepting monetary contributions in lieu of off-street parking.

Council’s Principal Strategic Planner advises that a report is yet to be developed on a carparking policy. Instead, Council is currently in the process of considering and preparing a broader transport strategy for Noosa, and until this strategy is determined it is premature to accept cash contributions in lieu of the provision of car parking spaces for new applications.
No on-site parking is proposed for the additional shop area, accordingly the proposal does not meet the Outcomes of the Driveways and Carparking Code.
Site Cover
The Specific Outcomes of the Noosa Heads Locality Code limit site cover of all buildings and structures to 45% of site area. The existing approved 85m2 building has 30% site coverage. The additional 100m2 of building area increases the total site cover to 65%.
Even though the development retains some trees at the rear of the building and does not substantially change the appearance from the street, the proposal far exceeds the site cover requirements of The Noosa Plan. The majority of existing buildings within the Hastings Street/ Noosa Drive area meet the 45% site cover requirements and the development is not in keeping with surrounding developments.
The proposal does not meet the Specific and Overall Outcomes of The Noosa Plan pertaining to site cover.
Setbacks
The site has three street frontages. The Noosa Drive frontage is the most visually prominent, and there are no substantial changes proposed to this street apart from a new wall along the side boundary. The majority of the proposed additions are located to the rear of the building along Halse Lane. The additions are mostly screened by the existing vegetation located between the road and the building.
The development proposes a small setback incursion into the 2m setback requirement to the Halse Lane frontage. However, the additions are setback behind the existing shop building, (which is currently setback 1m from this frontage) and maintains the visual pattern of building elements along the lane.
Unapproved Building Works
Council’s Building Certifier confirms the existing additions have been undertaken without the necessary building approvals and do not comply with the Fire Resistance requirements of the Building Code of Australia (BCA). As such, the existing building would not be covered by any insurance and there is the substantial risk that a fire could easily spread beyond the site boundaries.
Works have been proposed to address compliance with the BCA, including constructing a fire rated wall, new roof framing and sheeting. Much of the new building works proposed as part of this application require the demolition of the existing additions. To comply with the BCA requirements, Council’s Building Certifier advises that the northern side of the existing additions and part of the roof at a minimum will require demolition.
Overlay Provisions
The application triggers assessment against the Natural Hazards Overlay Code for bushfire hazard risk, and new development to be subject to minimum floor heights for potential flooding.
Any new building works would be required to ensure finished floor levels are above the minimum floor height requirements. Furthermore, the site is surrounded by existing development and is determined to have a generally low bushfire risk, consistent with the outcomes of the code.
cONSULTATION
IDAS Referral Agencies
Not Applicable
Other Referrals
The application was forwarded to the following internal Council specialists:
Principal Strategic Planner;
Environmental Health Officer; and
Building Certifier;
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. No submissions were received within the notification period.

A not properly made petition with 88 signatures supporting the application was received after the submission period. An assessment against each of the points in support of the application is outlined below:

Issues	Comments
The Golden Breed surf shop is an iconic building that forms part of the old Noosa character.	The Golden Breed Surf Shop has been trading from the subject tenancy for less than 7 years. Prior to the shop, the building was used as Real Estate agency. Council records indicate the additional 100m2 of extensions have been constructed sometime after 2008.
The proposed extensions enable the surf shop to continue to operate whilst ensuring the retention of the buildings character and street presence.	The extensions are predominantly at the side and rear of the building, away from the more visually prominent Noosa Drive frontage.
The shop is an integral part of the Noosa surfing experience and provides an excellent service to visitors to the area.	The 2008 planning approval was for the use of the shop within the existing 85m2 building. A shop is a consistent use within the zone, subject to compliance with The Noosa Plan requirements.
Additional parking is not required for the shop as many patrons to the shop park elsewhere in the locality and walk to the shop.	The Noosa Plan requires carparking is provided on the site at a rate of 1 space per 20m2 of use area up to 100m2; and 1 space per 15m2 thereafter. The proposal is significantly short of this rate with no onsite parking available.
The proposed extensions enable the retention of significant vegetation at the rear of the site.	The development has a site cover of 65%, which is more than The Noosa Plan requirement of 45%. The unapproved building works have been constructed adjacent to existing mature trees without regard to their potential impacts.
conclusion
The application seeks approval to use an additional 100m2 of gross floor area at the ‘Golden Breed’ surf shop, located at 15 Noosa Drive, Noosa Heads. The application is the result of breach action, after extensions were made to the original shop without necessary planning or building approvals.
The proposal increases the size of the shop from 85m2 to 185m2, which requires the provision of 6.42 on-site carparking spaces. Instead of providing on-site carparking, the applicant proposes to enter into an infrastructure agreement to pay contributions in lieu of providing carparking. Currently, Council does not have a policy to pay contributions in lieu of provision of carparking and it is inappropriate to agree to such requests in the absence of a broader transport strategy for Noosa.
The use of the additional shop area also results in the footprint of all buildings being substantially over the 45% site cover requirement and is not consistent with development in the area. The expansion of the shop exemplifies ‘development creep’ without having regard to The Noosa Plan provisions.
The application is recommended for refusal as per the reasons set out within the recommendation. Furthermore, all unapproved building works are to be removed within 6 months.
Departments/Sections Consulted:

	Community Services	x	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health	x	DA Planning
	Community Facilities	x	Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office	x	Corporate Services
	Community Engagement	x	Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	26 MAY 2015

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