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planning report Shaw v4. may24 · MCU24/0074

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       Development Application
           Planning Report


Material Change of Use for Food & Drink Outlets
         and Short term accommodation
 situated at 203 – 207 Gympie Tce, Noosaville
  (Lot 2 RP138699 and Lots 1 & 2 RP96277)




                                              Page 1 of 23
Full text of the other 22 pages

Page 2

Contents
1.0      Summary ......................................................................................................................... 2
  1.1        Development application details ............................................................................................. 3
  1.2        Planning instrument details ..................................................................................................... 3
  1.3        Referral agencies ..................................................................................................................... 3
2.0      Site details ....................................................................................................................... 4
  2.1        Site description ....................................................................................................................... 4
  2.2        Surrounding land uses ............................................................................................................. 7
  2.3        Background ............................................................................................................................. 7
  2.4        Prelodgement Meeting ............................................................................................................ 9
3.0      Proposed development details ....................................................................................... 10
4.0      Planning assessment ...................................................................................................... 12
  4.1    Architectural Statement ........................................................................................................ 12
  4.2    Compliance with Code requirements ..................................................................................... 13
    4.2.1 Building height ................................................................................................................................ 15
    4.2.2 Site Cover ........................................................................................................................................ 17
    4.2.4 Setbacks .......................................................................................................................................... 19
  4.3    Engineering and Servicing ...................................................................................................... 21
  4.4    Landscaping .......................................................................................................................... 21
  4.4    Sustainable Building Design Code .......................................................................................... 22
5.0      State assessment and other matters .............................................................................. 22
  5.1    State interests ....................................................................................................................... 22
    5.1.1 Matters established in the Planning Regulation ............................................................................ 22
    5.1.2 State Planning Policy ...................................................................................................................... 22
6.0       Conclusion .................................................................................................................... 22




Client Name: Gympie Terrace Pty Ltd
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO RPIA MQELA
Version:              4
Date:                 24 May 2024


This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.


1.0 Summary

                                                                                                                                              Page 2 of 23

Page 3

1.1 Development application details
  Proposed development:          Short term accommodation and associated guest facilities;
                                 and Food & Drink Outlets
  Type of approval sought:       Development Permit for Material Change of Use
  Site address:                  203 – 207 Gympie Tce, Noosaville
  Real property description:     Lot 2 RP138699 and Lots 1 & 2 RP96277
  Site area:                     Lot 2 RP138699 – 2,238m²
                                 Lot 1 RP96277 –    958m²
                                 Lot 2 RP96277 –    551m²
                                 Total            3,748m2
  Cultural Heritage and Native   Kabi Kabi First Nation Traditional Owners Native Title Claim
  Title:                         Group - There are no Aboriginal or Torres Strait Islander
                                 cultural heritage sites identified on the DATSIP database
                                 pertaining to this location.
  Assessment manager:            Noosa Council
  Owner details:                 Gympie Terrace Pty Ltd
  Applicant details:             Gympie Terrace Pty Ltd c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
  State planning policy:         Nil
  Regional plan:                 SEQ Regional Plan 2009–2031 (version commenced 2 May
  Designation:                   2014), urban footprint designation.
  Planning scheme:               The Noosa Plan 2020 (v.1 - 25 September 2020)
  Zone:                          Tourist Accommodation Zone
  Level of assessment:           Code assessment
  Applicable overlays:           Land subject to Acid Sulfate Soils Overlay – area 1 (<5m AHD)
                                 Flood Hazard Overlay
  Applicable codes:              Noosaville Local Plan Code
                                 Tourist Accommodation Zone Code
                                 Visitor Accommodation Code
                                 Business Activities Code
                                 Works Codes


1.3 Referral agencies

Nil




                                                                                     Page 3 of 23

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2.0 Site details

2.1 Site description
Table 1: Site description

 Site                                                                    Description
 characteristic

 Existing structures          Commercial single storey development consisting of food and drink outlets,
                              office, indoor sport and recreation, health care and shop uses.
                              207 Gympie Terrace was formerly a service station and car wash. The site is
                              currently being remediated and is on the Environmental Management Register.
 Topography                   The site is generally level.

 Frontage and                 The development site is prominent and unique consisting of 3 lots with 3
 access                       frontages and one side boundary (southern boundary). The site is bound by
                              approximately 45m of frontage to Thomas Street, 69m to Gympie Terrace and
                              64m to Albert Street (178m road frontage).
 Existing vegetation          Gympie Tce - 2 non-native Poinciana trees which straddle the boundary and
                              road reserve.
                              Thomas St – amenity planting within the road reserve with a mix of shrubs and
                              small trees.
                              Albert St – sprawling paperbark trees in the north east corner with invasive
                              roots and other small trees straddling the road reserve.
                              Southern boundary – large eucalypt straddling the adjoining boundary.




Figure 1 - Site identification and aerial view (Source: Noosa Council Maps)




                                                                                              Page 4 of 23

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Figure 2 - Detail aerial view (Source: Nearmap)

The Noosa Plan includes the site within the Noosaville Local Plan Area and is zoned Tourist
Accommodation. The site is identified as a key corner in the Noosaville Framework and Character
Plan and seeks an activated frontage along Thomas Street and Gympie Terrace. The Local Plan
Code indicates development on key corners incorporate a high standard architectural design and
landscape outcomes and foster social and business interaction, shaded seating and landscaping.
The proposed development provides a fine grain, activated street frontage with a Noosa style
development consistent with the Noosa Design Principles. The proposal will deliver benefits to the
community in the form of a raised public realm, bicycle spaces, high quality on and off-street
landscaping. The design removes on-street parking for a wider bike lane and additional landscaping
to establish a great place characterised by a strong link between the commercial and footpath dining.




                                                                                         Page 5 of 23

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Figure 3 – Noosa Design Principles excerpt pp.19-26 (Source: Noosa Council)

In terms of the proposed uses, the application provides for Short term accommodation in accordance
with the Purpose, Overall Outcomes and Performance outcomes of the Noosaville Local Plan and
Tourist Accommodation Zone Code.




Figure 4 - Zone map (Source: Noosa Council)




Figure 5 - Extract from the Noosaville Framework and Character Plan (Source: Noosa Council)




                                                                                              Page 6 of 23

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2.2 Surrounding land uses
Table 2: Surrounding land uses

 Surrounding land uses

 North       Across Gympie Terrace is the Apex Park Noosa River foreshore area and the public boat
             ramp carpark, launching jetty and ramp.
 South
             Facing Albert Street - 3 storey residential apartments some of which are used for short
 east
             term accommodation purposes.
 East
             Residential uses and council owned carpark.
 South
             Thomas Street - Commercial activities typically found in a centre zone such as a food
 west
             and drink outlet, healthcare service, shops and offices.

 West        Mixed use development ‘DaVos’ and other commercial activities typically found in a
             centre zone such as a food and drink outlet, healthcare service, shops and offices.
             Beyond is the Islander resort with food and drink offerings located along Gympie Terrace.




2.3 Background
 •   On the 26 March 1970, Council issued an approval for a shopping complex to be constructed
     in stages.

 •   In June 1971, Council approved Stage 2 for a building fronting Thomas Street, which consisted
     of 2 shops and a residence to the upper floor. As stage 3, Council, in February 1980 approved
     a Town Planning Layout (TPL 15) for the erection of an additional shop and offices to the
     development. Shops and offices did not require Council approval at the time. However, the
     TPL was issued ensuring the development complied with the provisions of the planning scheme
     in force at the time.

 •   On 25 September 1996, Council approved (04999 TP) a restaurant on the ground floor of the
     building fronting Thomas Street and the residence on the upper floor changed to be used as
     an ancillary space for the restaurant with a condition stating “The first floor does not have
     approval for dining or cooking facilities”.

 •   On 2 March 2006, Council approved alterations 132005.575 (2005/0575) to enable the
     restaurant to expand to the upper floor which was previously not approved for the use of dining.
     As part of this approval the applicant was required to pay contributions in lieu of car parking
     as it was determined there was insufficient car parking onsite for the additional restaurant floor
     area.




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 •   On 16 February 2007, Council approved a change to the approval 132005.575 to accept a
     reduction in the number of car parking spaces required for the restaurant which consequently
     reduced the monetary contribution required to 3 car spaces. These contributions for the 3
     spaces have been paid in full.

 •   On the 25 March 2015, Council issued a change to the approval TPC 56 (51901.4780.01) for
     a 20m² timber deck and a new line marked car parking layout to Thomas Street providing for
     safer vehicle manoeuvring.

 •   On 28 July 2015, Council issued a change to the approval TPC 56 (51901.4780.02) for the
     replacement of a material awning to a permanent covered roof and an awning extension, both
     to the Thomas Street frontage/boundary.

 •   On 21 September 2015, Council issued a change to the approval TPC 56 (51901.4780.03)
     removing the internal walls and seating of the upstairs tenancy to provide an open plan office
     area, resulting in approximately 134m² of office area.
 •   On 4 February 2016, Council issued a change to the approval (51901.4780.04) to include
     Entertainment and Dining Business type 1 – food and beverage and Commercial Business type
     1 – office for a number of the tenancies, so the uses can be interchangeable.

 •   On 25 May 2016, Council approved generally in accordance (51901.4780.05) an extension to
     an awning.

 •   On 15 February 2019, Council approved changes (51901.4780.06) to various tenancies
     including the ability to use the garden deck for outdoor dining. As some of the use area was
     transferred from larger toilets which are not calculated as use area.

 •   On 6 November 2020, Council agreed to a generally in accordance request (51901.4780.07)
     for some minor outdoor dining changes.

Carparking history

The most recent Council Officer’s report indicates the following carparking arrangements.

 Development               Parking                                           Gross floor area /
                                                                             Use area

 Shops, F&D,      indoor 26 car spaces plus 5 motorcycle spaces on site 1,114.4m²
 sport and rec           =
                           ~27.25 spaces

 Contributions paid    in 3 car spaces
 lieu for shop 16

 Total                     30.25 spaces                                      1,114.4m²




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Council shall permit the same carparking rate as the existing development for the proposed
development, as over time it has been demonstrated the existing 27.25 car spaces is sufficient for
1,114.4m² of GFA/Use area of commercial enterprises (1 space per 37m² of GFA).
Noting the Council Officer indicates in the most recent report the existing carparking quantity has
demonstrated historically - it is sufficient for the quantity of GFA/Use area onsite.
        It is noted there are 26 car spaces and 4 motorbike spaces onsite. This does not meet the
        current Planning Scheme Probable Solution for the number of car spaces required for the
        uses onsite…. The proposal does not trigger any additional spaces and the car parking has
        been sufficient historically and is considered adequate. (Council Officer Report).



2.4 Prelodgement Meeting
A prelodgement meeting was held on the 15 September 2022, with the issues discussed including
technical provisions (site cover, GFA, building height, setbacks and landscaping), as well as building
design, carparking, engineering (stormwater, earthworks and acid sulfates), waste, infrastructure
charges and undergrounding electricity infrastructure. A summary of the Prelodgement Notes is
included below.
Architectural Comment
    -   Competent design with good outcomes from overall ‘master plan’ for site
    -   At least one additional deep break in the facades in Gympie Terrace and Thomas Street.
    -   Development consists of small separate buildings rather than large bulky buildings with no more than 6 units
        attached in one plane.
    -   Deep planting to street frontages.
    -   Architecture to be added with some batten screens and soffit.
Ramps

    -   Councils Cycling and Walking Strategy supports wide flat footpaths in the public realm with the Noosa Plan.
    -   Street trees to be provided within footpath to provide shade for pedestrians.
    -   May be an opportunity to explore the provision of a link to pedestrian cross-overs in the area.
    -   The Noosa Plan indicates that building design is to engage with the footpath through the provision of external
        terraces and intermediate levels between the footpath the main ground level of development.
    -   Council is undertaking a major design project for the entire Gympie Terrace area.
Carparking
    -   1 parking space per room is to be provided.
    -   Existing carparking credits may be applied, subject to further research as part of the application.
Undergrounding electricity
    -   A request to share costs for undergrounding electricity infrastructure would need to be supported by a written
        quotes as to the cost of works.
Other Comments

    -   Regarding the existing Melaleuca trees on north-eastern corner – if required to be removed then needs to be
        replaced with other appropriate species.
    -   The setbacks to third storey does not comply with 8m Acceptable Outcome.
    -   Whilst some consideration will be given to an increase in height due to the minimum floor height required as a
        result of flooding, the proposal would need to demonstrate that only a small section of the roof line extends above
        the 12 metre height from existing natural ground levels.
    -   The 45% site cover Acceptable Outcome is exceeded mainly due to the rear balcony that protected and shielded
        the rear service areas. Council’s Manager of Planning indicated that this aspect would be further reviewed.




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Page 10

3.0 Proposed development details
The development is designed by well-known and highly respected architectural studio Push
Architecture who have won numerous awards for commercial and residential projects, including high
profile buildings in the Noosa Shire. The development includes the following features:
 •   High calibre mixed use development integration with the three road frontages;

 •   Accommodation uses fronting Albert St and commercial uses fronting Thomas St;

 •   3 storeys in height with a basement carpark and private roof terraces;

 •   25 short term accommodation apartments consisting of;

         o   3 x 3 bedroom apartment;

         o   14 x 2 bedroom apartment; and

         o   8 x 1 bedroom apartment.

 •   Each unit includes an open court for air flow, security and good subtropical design;

 •   Small self-contained cooking facilities within each apartment;

 •   6 private rooftop pools within the roof line (not classified as a storey);

 •   Four restaurant tenancies located on the ground floor incorporating outdoor dining within a well
     landscaped setting overlooking the Noosa river;

 •   An activated street frontage to Gympie Terrace and Thomas Street – celebrating the key corner;

 •   An Interesting roof form with a greater than 5 degree pitch broken into various planes and sizes with
     generous eaves around the perimeter;

 •   New 2.5m wide footpath at street level around Gympie Tce and Thomas St with additional landscaping,
     bike lane and existing on-street carparking removed;

 •   Improved traffic flow along Gympie Tce with a widened bike lane to promote active transport and
     pedestrian connection to the river;

 •   Extensive landscaping along raised frontages with the consolidation of the existing six driveways into
     two connecting from Thomas St to Albert St;

 •   Flood free basement;

 •   Integrated stormwater treatment, tanks for reuse and management;

 •   40 car parking space and 16 bicycle spaces within basement; and

 •   MRV Garbage truck loading bay, 13 carparking spaces (including an SRV loading and accessible bay),
     19 motorcycles (4 onsite and 15 in Albert St) and 32 bicycle spaces on ground level.




                                                                                              Page 10 of 23

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Table 3: Summary of development aspects

 Material change of use

 Building Height            14.7m to the pitched roof

 Gross Floor Area (GFA)     Food and Drink outlet tenancies total = 491m²
                            Short term accommodation = 1,953m² and associated facilities as
                            part of short-term accommodation use = 558m²
                            Total GFA = 2,998m² or 0.8:1 plot ratio

 Car and bicycle parking    55 car spaces including 3 EV charging stations.
                            18 motorcycle spaces (~4.5 car spaces)
                            3 car spaces contributions in lieu
                            Total ~ car spaces = 62.5 spaces
                            Plus 32 bicycle spaces and associated end of trip facilities




                               Figure 6 - Gympie Terrace façade




                                Figure 7 - Thomas Street façade




                                 Figure 8 - Albert Street façade




                                                                                   Page 11 of 23

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4.0 Planning assessment

4.1        Architectural Statement

The design acknowledges the site’s vistas to the north across the Noosa River, with the proposal
significantly enhancing the visitor experience (compared with the existing service station across the
road from the boat ramp). The use of muted colours, stone, timbers and geometric breezeblock
designs inspired by the shapes of the Noosa River, all contribute to a powerful local design language.
The proposal integrates infrastructure into the street frontage, but away from the key corners and
frontages to draw attention away from the public utilities and enhance the landscaping attributes.
The landscaping palette has also been carefully chosen with endemic species to define the sub-
tropical shaded character, which is carefully integrated with the streetscape to allow for low battered
landscaping and minimal retaining structures presenting to the long street frontages. Edges are
defined with rock facing stone walls and deep landscaping consistent with the Noosaville foreshore
commercial area, as well as providing for a public realm with an appealing presentation to this
important tourist locality.
The removal of parking from Gympie Terrace encourages alternative transport such as walking,
cycling, scootering and public transport.




Figure 10 – Design References




                                                                                          Page 12 of 23

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4.2             Compliance with Code requirements

The following table details compliance against the key quantifiable key development requirements,
with further discussion against the relevant Performance Outcomes provided thereafter.
Table 4: Key development parameters assessment
 Parameter                       Requirement                             Proposal                                        Compli
                                                                                                                         ance
                                                                         Site area – 3,748m²

 Height                          12m                                     12m to the majority of roof                     Y
                                                                         14.7m to roof terrace, storage and plant room   PO
                                                                         roof

 Plot Ratio                      0.8:1 (2,998m²)                         0.801:1 (2,998m²)                               Y

 Site cover                      45% (1684m²)                            50% (1,900m²)                                   PO

 Setbacks                        Gympie Terrace Rd                       Gympie Terrace Rd
                                 -     6m for 2 storeys                  -   6.1m – 1st storey                           -    Y
                                 -     8m for 3rd storey                 -   6m to wall – 2nd storey                     -    Y
                                                                         -   6m with avg. 8m – 3rd storey                -    PO
                                                                         -   Roof 3.9m                                   -    PO
                                                                         -   Basement 6m                                 -    Y

                                 Thomas Street                           Thomas Street
                                 -     6m for 2 storeys                  -   6m – 1st storey                             -    Y
                                 -     8m for 3rd storey                 -   6m – 2nd storey                             -    Y
                                                                         -   6m with avg. 8m – 3rd storey                -    PO
                                                                         -   Roof 3.5m                                   -    PO

                                 Albert Street                           Albert Street
                                 -     6m for 2 storeys                  -   6m – 1st storey                             -    Y
                                 -     8m for 3rd storey                 -   6m – 2nd storey                             -    Y
                                                                         -   6m with avg. 8m – 3rd storey                -    PO
                                                                         -   Roof 4.1m                                   -    PO
                                                                         -   Basement 6m                                 -    Y

                                 South Side                              South Side
                                 -     1.5m/2m/2.5m                      -   13m – 1st storey                            -    Y
                                 -     0m - 2.5m                         -   8m – 2nd and 3rd storey                     -    Y
                                                                         -   7.4m – roof                                 -    Y

 Landscaping                     AO9 of the Visitor Accommodation Code
 landscaped area (including
 landscaped buffer areas,        10% of the site area – 374m²            14% - 525m²                                     Y
 landscaped building setback
 and landscaping) means part
 of    a      site comprising
                                 1m along road frontage                  >1m along 3 road frontage except for            Y
 predominantly            soft
 landscaping and set aside for
                                                                         accessways
 the purposes of enhancing or
 protecting the amenity of the
 site. The term includes the
 areas occupied by bicycle       2m adjacent to the rear property        No rear boundary                                Y
 racks, swimming pools or
 ponds and garden paths, but
                                 boundary
 does not include impervious
 surfaces such as driveways,
 vehicle access lanes, vehicle
 parking and manoeuvring
 areas, waste storage areas,
 and the like



 Waste                           Enclosed waste storage areas            Waste storage is located on the ground floor    Y
 Storage/Manag                                                           out of public sight.
 ement




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Page 14

Streetscape        Ground floor uses have at least 50%          The ground floor tenancies incorporate floor     Y
                   transparent glazing to shopfronts to         to ceiling glazing with covered outdoor dining
                   create active street fronts.                 in landscaped areas.
                   Includes covered pedestrian entrances
                   to premises;
                   Incorporates   outdoor       dining    or
                   landscaped areas;
                   provides variation and vitality in setback
                   alignment;

Roof form          5 degrees to the main roof area              >5 degree roof pitch to main roof                Y
                   Eaves to 75% of the perimeter of the         Eaves to 95% of perimeter of building            Y
                   building

Sustainable        orientation,   permeable,   landscaping,     Open balconies presenting to the north for       Y
Building           materials                                    solar orientation, large landscaping planters
Design                                                          for passive cooling and permeability,
                                                                materials and roof design considered both for
                                                                aesthetic and sustainability qualities, solar
                                                                able to be installed to large roof areas.

Pedestrian and     Development is designed to encourage         It is proposed to remove carparking and          Y
cycle              walking and cycling wherever possible        replace with a garden verge and a wider bike
infrastructure     over the use of private vehicles.            lane along Gympie Terrace to encourage
                                                                cycling, which is an added community benefit.
                                                                Bicycle parking and end of trip facilities are
                                                                provided in the basement and bicycle parking
                                                                on the ground floor for easy patron access.

Hours         of   6am     to   10pm    and   midnight          6am to 10pm and midnight Friday and              Y
Operation          Friday/Saturday for Food and Drink           Saturday
                   Outlets

Parking                                                                                                          Y




                                                                                                           Page 14 of 23

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4.2.1 Building height

A small portion of roof near the roof terrace, storage and roof amenities is proposed at a maximum
of 14.7m above NGL. The area is mostly for storage and amenities, but a wide eave is provided for
weather protection, which is also utilised for individual accommodation units using the roof terrace
pool areas. Therefore, the development must be assessed against the following PO9 of the Tourist
accommodation code.

PO9 – Building height
Buildings and other structures:
    (a) are low rise and present a building height consistent with structures on adjoining and surrounding
        premises;
    (b) do not visually dominate the street or surrounding areas;
    (c) preserve the amenity of surrounding premises including privacy, views and access to sunlight;
    (d) respect the scale of any nearby vegetation, retaining a vegetated skyline;
    (e) respond to the topography of the site;



The proposed portion of roof that exceeds the 12m sits centrally within the site and will not be seen
from ground level of the surrounding area. Although it may be seen from the adjacent 3 storey
buildings, it is only a small portion of roof and is integrated with the roof design - presenting a building
height consistent with structures on adjoining and surrounding land.
Most of the roof is less than the 12m sought by the Acceptable outcome and will not dominate the
streetscape. The roof is also designed to not overshadow or impede view lines of adjoining
properties. This is demonstrated by the significant setback offered to the southern boundary where
the roof is setback more than 12m. At this point, the eave level is around 11m above NGL with the
buildings shadow to not extend beyond that of the southern fence height shadow during winter
solstice.




Figure 11 – Section Plan with Heights




                                                                                               Page 15 of 23

Page 16

The Council has historically relaxed building height in metres when a development is in a Flood
Hazard area where no impacts occur to neighbouring properties, which is the case in this instance.
The development requires up to 1.2m of fill to meet the minimum finished floor level as well as a
significant roof pitch. The design is appropriate for the site context and does not visually dominate
the surrounding area (at ground level), as well as respecting the built form and existing landscaping
canopy heights of the locality – consistent with the corresponding performance outcomes.




Figure 12 – Height Blanket Diagrams from existing ground and 2.7m AHD




                                                                                         Page 16 of 23

Page 17

4.2.2 Site Cover
The proposal exceeds site cover by 5%. The following PO10 relates to building bulk and scale.
PO10
Development:
   (a) is of a scale compatible with surrounding development and the particular circumstances of the site;
       and
   (b) does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of
       the site.

Considering the significantly large road frontages on three sides, the building has been designed to
include a large setback to the southern boundary (the only adjoining development). The significant
separation gives an open feeling to the rear of the building and space for car parking away from the
street, deliveries and waste collection. A wide soft landscaped garden is provided adjoining the
neighbouring residential use. As a result, the design does not present or appear bulky from adjacent
properties.
The building is orientated towards Gympie Terrace and Thomas Street consistent with existing
development and the Local Plan code. The design includes large, roofed breezeways and awnings
which contribute to site cover, however in reality provide an open built form and a fine grain outcome
required by the Codes. Generous residential balconies above the ground level provide openness to
the 3 street facing elevations softening the building and offsetting the additional site coverage.




                                       Figure 13 – Site Cover Calculations




                                                                                                Page 17 of 23

Page 18

               Figure 14 – Site Cover Calculations of surrounding Tourist Accommodation zone buildings




                      Figure 15 – Soft Landscaping calculations and proposed verge landscaping




The proposal also includes significantly more landscaping than the 10% required by the Visitor
Accommodation Code and integrated street landscaping, resulting in a building sitting in a
landscaped setting. Although the proposal includes a 50% site cover, there is more than double the
required landscaping providing a building in a landscaped setting and allowing adequate room for
parking, manoeuvring and outdoor dining for the food and drink offerings.
A comparison of other existing buildings within the Tourist Accommodation zone code also
demonstrate an exceedance of the 45% requirement (including the existing building). The design is
of a scale which is less than the surrounding developments and an improvement to the streetscape
in accordance with the relevant performance outcomes of the code.




                                                                                                         Page 18 of 23

Page 19

4.2.4 Setbacks
The building encroaches into the street front setbacks. For the purpose of assessment, the setbacks
are discussed as a whole rather than individually, as it is an integrated design outcome responding
to the site constraints, the proximity to residential uses, flood hazards and street appeal. The
following PO13 and PO14 are relevant to the setbacks and are assessed below.
PO13
Buildings and other structures are designed and sited to:
    (a) provide a high level of amenity to users of the subject site and adjoining premises, including provision
        of visual and acoustic privacy;
    (b) not unreasonably obstruct views or cause overlooking of private open space or habitable areas of
        adjoining premises;
    (c) provide adequate distance from adjoining land uses;
    (d) preserve existing vegetation that will help buffer development;
    (e) allow for space and landscaping to be provided between buildings including adequate area at ground
        level for landscaping with trees, shrubs, outdoor living and utilities;
    (f) be consistent with the predominant character of the surrounding area, maintaining the visual continuity
        and pattern of buildings and landscape elements within the street; and
    (g) protect the natural character and avoid adverse impacts on ecologically important areas such as the
        beach, Noosa River, national parks and other parklands.
PO14
Development:
    (a) incorporates a high standard of architectural and landscaping design and creates attractive and
        functional buildings, streets and places.
    (b) addresses and enhances the streetscape by incorporating articulation and individual design elements
        that add visual interest to the development;
    (c) provides non-discriminatory access where floor levels are raised to meet flood immunity;
    (d) enables direct visual connection between the street, footpath and interior of the building where located
        on Hastings Street, Gympie Terrace or Thomas Street;
    (e) makes the most of corner sites by addressing both frontages;
    (f) has a form and architectural scale that does not dominate the streetscape or the surrounding
        properties;
    (g) does not detract from the visual amenity of adjoining properties such as the impact on views, access
        to sunlight or overlooking;
    (h) takes the form of small separate buildings, rather than large single bulky development;
    (i) sits within a landscaped setting; and

    (j) visually screens site utilities or integrates them with the design of the development.




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The setbacks and the development as a whole meet the outcomes for the following reasons:
•   Privacy is maintained to all site users, with no overlooking or negative impacts on the surrounding
    residentials uses, with the accommodation orientated towards the frontages and views to the
    Noosa River.

•   Considering the views from neighbouring properties which would have otherwise been impeded
    by a compliant development - The views from neighbouring property are generally along Albert
    Street not over or through the site. The views from the upper levels of the neighbouring residential
    property would be blocked by a compliant 6m and 8m street setback in any case and the
    proposed elements forward of this line would not be seen.

•   Because of the significant setback to the southern boundary, some views are retained rather
    than being impeded if the development were provided to the minimum setback allowed to this
    boundary.

•   Good separation is provided in excess of the code requirements to the adjoining land uses.

•   Each accommodation unit has a larger open space (balcony and common swimming pool) than
    required by the code and more than the quantity of landscaping required by the code. Most of
    this landscaping is along the frontages, particularly Albert Street where the development faces a
    residential development and a Council carpark.

•   The only other consistent mixed use development is ‘DaVos’ sited opposite the site. In
    comparison, the proposal has similar setbacks to ‘DaVos’ but without the hard retaining wall and
    disconnection with the public/private realm with the footpath on a lower level and hardscaping
    for stairs and accessibility. The proposal raises the public realm and provides a soft and gentle
    transition from the lower street level to the flood free raised footpath. It is considered, the
    development is consistent in setback distances and a far superior design outcome than ‘DaVos’,
    by more efficiently using the setback areas for landscaping and dining.

•   The development addresses all three frontages; with activation of Gympie Terrace, Thomas
    Street and the Porte cochere on the residential Albert Street.

•   The building has been pushed towards the street frontages to provide better separation to the
    residential to the south. Activation is provided to two street frontages and non-discriminatory
    access to meet flood immunity.




                                                                                           Page 20 of 23

Page 21

4.3      Engineering and Servicing
Recor Consulting Engineers provide plans addressing the engineering requirements, including:

Frontage Works
• Compliant level change widths
• Service relocations
• Kerb and channel works
• Proposed road crossing point and pram
    ramp/raised traffic calming
• Accessible and safe bicycle and motorbike
    parking
Driveway and Access
• Removal of existing crossovers and new
    compliant access driveway design
• Flood immunity and Aust Standards grades and
    levels for basement
• Vehicle swept paths including B99, MRV, SRV and commercial waste vehicles
• One-way efficient basement design
Services
• Substation and pump room locations (indicative)
Stormwater
• Bio basin design in north eastern corner and calculations for non-worsening for outlets to Albert
    St, Thomas St and Gympie Tce.
Earthworks
• Basement and frontage works depths

The plans demonstrate general compliance with the works codes, subject to further Operational
Works detailed assessment. The site is also mapped within the Flood Hazard Area Overlay, with the
floor levels and basement entrance designed above the minimum flood heights. The development
also triggers assessment against the Acid Sulfate Soils Overlay, with Tectonic providing a
preliminary acid sulfate soils assessment. The preliminary assessment concludes that conventional
management practices could be effectively implemented on the site.

4.4      Landscaping
The Landscaping Code seeks for new development integrates landscaping into its design, and is
consistent with the vegetated character and landscape design principles of Noosa Shire. The design
achieves these Outcomes with the following key features:


•   Meaningful landscaping of the road verge to screen retaining walls;

•   Narrow form street trees to frame views to Noosa River;

•   Retention of existing landscaping to Thomas Street;

•   Removal non-endemic melaleuca species in the northeast corner of the site and replace with
    more suitable advanced endemic coastal trees;

•   Biobasin feature plantings and PMT infrastructure located away from prominent frontages with
    landscaping to screen the necessary structures.




                                                                                       Page 21 of 23

Page 22

4.4      Sustainable Building Design Code
The design includes large balconies and windows with open access to the north providing excellent
cross ventilation opportunities from all aspects to all habitable spaces connecting indoor and outdoor
spaces within the design. The development interacts with the street frontage with large overhangs
conducive to passive sub-tropical design.

All floor to ceiling heights are 3 metres (exception basement at 2.7m) and a mix of landscaping is
proposed on all levels which complement the street frontages. The proposal is therefore considered
to comply with PO8 of the Code. Onsite water storage tanks for landscaping are to be considered
as part of the detailed engineering stage to cater for the relevant landscaping area on site and in the
road frontage.



5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

There are no relevant matters applicable to the application.

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part (not applicable to this application).

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Food & Drink Outlet,
and Short term accommodation at 203-207 Gympie Tce, Noosaville. The proposal is Code
assessable development under The Noosa Plan 2020.

The assessment finds the proposal respects the existing development approval and generally meets
the relevant statutory instruments including The Noosa Plan, subject to the following reasons:

   •   Community benefit from—
         o Widened landscaped verge and new bike lane, advancing transport options in Noosa;
         o Removal of carparking in Gympie Terrace to enhance Noosa sustainability
            credentials; and
         o Additional motorcycle parking in Thomas Street.

   •   The development is of a high design quality, incorporating a low rise contemporary sub-
       tropical building and landscape design reflective of the Noosaville locality including large roof
       pitches and eaves. The design emphasises the casual, outdoor lifestyle reinforcing the key
       outcomes for the Noosaville Local Plan area; and

   •   The proposal is well designed reflecting a subtropical; 'Noosa' style with emphasis on indoor
       and outdoor connections, variety in façade treatment through articulation and materials,
       creation of shade on public spaces and landscaping around sites and on buildings.



                                                                                           Page 22 of 23

Page 23

The Planning Act 2016 prescribes that a code assessment must be carried out only—

       (a) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan
           2020); and

       (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

       (a) must decide to approve the application to the extent the development complies with all of the assessment
       benchmarks for the development; and

       (b) may decide to approve the application even if the development does not comply with some of the assessment
       benchmarks; and

       Examples—
               1         An assessment manager may approve an application for development that does not comply with some of
                         the benchmarks if the decision resolves a conflict between the benchmarks.

                2        An assessment manager may approve an application for development that does not comply with some of
                         the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
                         response.

       (c) may impose development conditions on an approval; and

       (d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to
       refuse the application only if compliance cannot be achieved by imposing development conditions.

The assessment finds the development generally complies with the Outcomes of the applicable
codes. The Assessment Manager’s favourable consideration of the above development application
is therefore recommended.




                                                                                                            Page 23 of 23

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