Original source · versioned page text
Eduardo's Minor Change - Planning Report
Town Planning Report Request for a Minor Change to the Decision Notice (132001.210011.1) to include a Food and drink out and to retain Shop approval. Shop 5, 239-245 Gympie Terrace, NOOSAVILLE 4566 QLD Lot 5 on 158841 Mike Sunshine Pty Ltd A.C.N 146 068 297
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 13 pages
Page 2
Table of Contents
Important Note 2
1. Summary 3
2. Background 5
3. Development Intent – Proposed Change 6
4. Change to Decision Notice 7
4.1 Change Condition 63 7
4.2 Proposed Additional Condition 78 7
4.3 Proposed Additional Condition 79 7
5. Planning Assessment 8
5.1 Noosaville Local Plan Code 8
5.2 Carparking 8
5.3 Minor Change 10
6. Conclusion 12
List of Figures
Figure 1 - Site location and floor plan. .................................................................................................................. 4
Figure 2 - Locality Map ............................................................................................................................................. 6
List of Tables
Table 1 - Carparking calculation............................................................................................................................ 9
Table 2 - Substantially Different Development Guideline ............................................................................. 10
RG Strategic Planning Report – Minor Change Application 1
Page 3
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 Mike Sunshine Pty Ltd A.C.N 146 068 297
(“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
Page 4
1. Summary RG Strategic has prepared this development application on behalf of Mike Sunshine Pty Ltd A.C.N 146 068 297. The purpose of this report is to seek approval for a Minor Change Application and change Condition 63 and include additional conditions to Decision Notice 132001.210011 (21040 DA). The subject site is located at Shop 5 Colonial Commercial Terrace, 239-245 Gympie Terrace, Noosaville and is formally described as Lot 5 on SP158841. The application seeks approval to include a Food and Drink outlet use to Lot 5 while retaining the existing Shop use. The application also seeks to include a 5m² of outdoor dining in front of the tenancy within the terrace area. Figure 1 provides a site location 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
Page 5
Figure 1 - Site location and floor plan. RG Strategic Planning Report – Minor Change Application 4
Page 6
2. Background
• 132001.210011 - On 5 June 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 change to Lot 4 from a Shop to a
restaurant.
RG Strategic Planning Report – Minor Change Application 5
Page 7
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 5, 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 2 - Locality Map The proposed changes are outlined in the Proposed Plan prepared by ICoN Venues and are enclosed within Appendix A. There is no proposed change to the built form of the tenancy. The owner simply seeks to utilise the 75m² lot 5 as a Food and drink outlet and a small outdoor dining area. The development includes the following characteristics: • Use area for indoor dining – 36.9m² • Use area for outdoor dining – 5m2 • Total use area for car parking calculations – 41.9m² • Kitchen and food storage areas – 38.1m² • No change to the total gross floor area – 75m² RG Strategic Planning Report – Minor Change Application 6
Page 8
4. Change to Decision Notice
A Minor Change to the Existing Approval (132001.210011.1) is proposed to reflect the inclusion of a
Food and drink outlet to Lot 5. Important to note the applicant seeks to retain the Shop approval
over Lot 5. A change to condition 63 and additional conditions 78 and 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 and 4 and shall not exceed a total use area of
318m2, inclusive of the outdoor dining areas (total of 67m2). 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 and 4 and shall not exceed a total use area of
318m2, inclusive of the outdoor dining areas (total of 67m2). No other tenancy shall be utilised as
restaurant.
The last sentence is unnecessary as the other tenancies do not have approval for a restaurant in
any case and it creates a messy Decision Notice when each tenancy has different use area
parameters (indoor dining and outdoor dining). The following additional conditions provide more
clarity on the approval parameters for the subject tenancy rather than relying on a bundled use
area condition across a number of tenancies onsite.
4.2 Proposed Additional Condition 78
It is sought Council agree to additional Condition 78 to read as follows:
Lot 5 - additional Lot 5 Conditions 78 and 79 <date> 2022
78. Lot 5 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 5.
4.3 Proposed Additional Condition 79
79. Lot 5 total use area of the Food and drink outlet, including outdoor dining (excluding the bar,
kitchen and food storage areas) must not exceed 75m².
For the Food and drink outlet, while the application indicates a total use area for carparking
purposes of 41.9m², a greater area could be utilised as carparking permits a total use area of 75m²
(excluding bar, kitchen and food storage areas). Therefore, to maximise the applicants’ rights and
provide flexibility, it is requested the maximum square metreage permitted (regulated by
carparking) for the tenancy be identified in the condition.
RG Strategic Planning Report – Minor Change Application 7
Page 9
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. Outdoor dining is encouraged under planning scheme and 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.
The original approval for the development was issued on 05/07/2001 which included 20
multiple dwellings and commercial premises. The approval triggered 30 carparking spaces for
the residential component of the development and an additional 43 spaces for the commercial
precinct.
Carparking for the commercial precinct was calculated based on the following rates:
• 1 space per 20m2 for the first 100m2 of the commercial precinct;
• 1 space per 15m2 for the remaining 435m2 of the commercial precinct;
• 1 space per 10m2 for the approved 43m2 of outdoor dining for premises 1 and 3 (being
restaurant uses); and
• 6 spaces for the approved medical premises containing two practitioners.
Based on these rates, the commercial component of the development (excluding medical
premises) has an approved carparking rate of 15.3m2 = 1 space. Therefore, the approved shop
on the subject site has five associated carparking spaces calculated as the premises area
(72m2) divided by a carparking rate of 1 space per 15.3m2 = 4.705 (5 car spaces).
Therefore, based on the same carparking calculation as accepted by Council with the previous
change approval, the proposal is within the tenancy’s’ credit of 4.9 car parking spaces, in fact is only
utilising 2.73 car spaces allocated to the tenancy. Table 1 below provides the detail calculation.
RG Strategic Planning Report – Minor Change Application 8
Page 10
Table 1 - Carparking calculation
CARPARKING
Calculation Car spaces
Total credit for the 75m² tenancy 4.9 car spaces credit
75/15.3 = 4.9
Proposal total use area (excluding bar, kitchen and food storage 2.73 car spaces required
areas) = 41.9m²
41.9/15.3 =2.73
Surplus carparking 2.17 car spaces surplus
4.9 – 2.73 = 2.17
To offer the business full use rights and maximum flexibility, an additional condition 79 is requested
to identify the total use area afforded to the Food and drink outlet, regulated by carparking
numbers, not what is currently utilised (41.9m2). This allows the business to expand in the future
without the issue of another change application.
For clarity, a total of 4.9 car spaces is allocated to the tenancy (credit) which is equivalent to 75m²
of Food and drink outlet use area (noting that this calculation excludes the bar, kitchen and food
storage areas). Therefore, the tenancy has in credit the equivalent to 33.1m² of use area that could
be used either for seating internally or externally in common property.
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.
RG Strategic Planning Report – Minor Change Application 9
Page 11
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.
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.
RG Strategic Planning Report – Minor Change Application 10
Page 12
‘Substantially different’
Comment
development
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 11
Page 13
6. Conclusion 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 outdoor dining and 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 12
Page 14
rgstrategic.com.au RG Strategic Planning Report – Minor Change Application 13 [OCR of page images] 4 G i a OC STRATEGIC SOLUTIONS, CREATIVE THINKING rgstrategic.com.au