Minor Change Report 132002.220269.1

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	132002.220269.1
Development Approval	Material Change of Use (Duplex and Restaurant)
Applicant	Noosa Town Planning
Request Received On	11 April 2018

PROPERTY DETAILS
Property Address	247-251 Gympie Tce Noosaville Qld 4566
RP Description	Lot 11 SP 146048
Existing Use of Land	Duplex and restaurants

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Visitor Mixed Use
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks to change to an existing development approval to facilitate an additional floor area of 7.15m2 for outdoor dining.  This area exists and has been utilised contrary to the existing approval which had landscaping (within planter boxes) in this location. Timber decks have been constructed over the top of the planter boxes to facilitate this outdoor dining area. There is no landscaping that currently exists on site and the applicant did not propose any additional.  Discussions with the applicant about the provision of landscaping to support their proposal resulted in a plan that proposes landscaping under the decks, a 3m2 area adjoining the decks, vertical landscaping on the eastern wall of the building within the IS Tapas tenancy, and a 2.7m2 landscaped area along the eastern wall of the Maisie’s restaurant.
Refer Figure 1 - proposed change and landscaping proposed and Figure 2 - IS Tapas – Existing decks over planter boxes

Figure 1 – proposed change and landscaping proposed

Figure 2 – IS Tapas – Existing decks over planter boxes

background
A development approval for a Material Change of Use (Duplex and Restaurant) and associated operational works (22849 DA) as issued on 17 October 2002. The site is a mixed use site with residential and commercial uses. Refer Figure 3 – Subject site and Figure 4 - Plan for development approved 17 October 2002.

Figure 3 - Subject site

Figure 4 - Plan for development approved 17 October 2002

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:
Noosaville Locality Code
Driveways and Car parking Code
Landscaping Code
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the change is minor and meets the requirements of Noosa Plan;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The proposal necessitates changes to 2 conditions discussed as follows:

Condition 1
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 29.502.1B, 29.502.2A, 29.502.3A, 29.502.4A, 29.502.5A and 29.502.6A prepared by Andrew McKellar Design and dated May 2002 and as may be amended by these conditions.  To this end the outdoor dining area will remain not roofed.
Applicant’s Request
The applicant has provided the original ground floor plan showing the proposed landscaped areas. This is discussed in further detail below. This plan will become the new approved plan (as amended).  Refer Figure 1. Therefore, Condition 1 will be amended as follows.
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 29.502.1B, 29.502.2A (as amended 14/04/2018), 29.502.3A, 29.502.4A, 29.502.5A and 29.502.6A prepared by Andrew McKellar Design and dated May 2002 and as may be amended by these conditions.  To this end the outdoor dining area will remain not roofed.

Condition 5
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan.  Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter. The landscaped building setback from the front boundary to the new building must have an average minimum width of 2 metres, pursuant to section 6.2.1.4 of the Schedule to the Planning Scheme.
Applicant’s Request
The applicant wishes to utilise the approved 2 metres landscaped setback to facilitate existing outdoor dining and also provide landscaping in this area (under decks) and beyond.
There are a number of matters to consider and are discussed as follows.
Assessment of Request
The applicant proposes to provide 12.85m2, plus an area of vertical landscaping on the eastern wall.  This is not considered sufficient to meet the requirements of the Noosa Plan.  The frontage of the site is stark, the building white and there is no landscaping within the road reserve. Additional landscaping is difficult to achieve on site, so discussions with Infrastructure Services and Environment officer around the provision of street trees were had.  It was concluded that street trees within the road reserve would be a valuable addition to the streetscape, soften the built form and makes of up the shortfall of landscaping required to fulfil the requirements of Noosa Plan.  The available frontage area is only 11 metres in width and therefore can only accommodate 1 street tree. The applicant’s consultant advises that the applicant would be accepting of this being conditioned as part of the development.  An Operational Works application would be required for the works to be carried out.  In order to facilitate the proposal and the landscaping outcomes, it is recommended that current Condition 5 be amended as appropriate and include additional elements as follows.
5.	The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan endorsed through an Operational Works approval. Landscaping is to be maintained at a high standard at all times and is to be generally in accordance with Landscape Concept Plan, prepared by CB, Sheet 1 of and dated 13 April 2018; and
a. 	identified landscaped areas are as shown on plan 29.502.2A, prepared by Andrew McKellar, dated 14/04/2018;
b.	provide a minimum of 1 street tree on the sites frontage within the road reserve, that has a minimum pot size of 100 litres.

General discussion - Car parking
The existing approved restaurant comprises a total area of 86m2, consisting of 66m2 of indoor restaurant and a 20m2 outdoor dining area. The proposed outdoor dining areas, having a total use area of 7.15m2, would trigger 1 additional space, which is currently provided onsite.

The original approval, which consisted of a Dwelling Unit and Restaurant, required a total of 17 car spaces to be provided for the development, which are located to the rear of the premises. Probable Solution S7.1 of the Driveways and Carparking Code seeks that Type 1 Food & Beverages provide a vehicle parking rate of 1 space per 10m2, or part thereof, of use area and outdoor dining area (excluding kitchen and food storage areas) on the property. The development would therefore trigger a total of 8.6 spaces minus the area rate occupied by the kitchen.

The existing development as a whole provides an excess of 8 car spaces and therefore provides a significant surplus in car parking.

cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council specialists:
Environment Officer

conclusion & reasons for decision
The proposal complies with the relevant provisions in the Noosa Plan, with the outcome as conditioned resulting in an improvement on the streetscape.
RECOMMENDATION
With regard to Application No. 132002.220269.1, to make a minor change to an existing approval for Material Change of Use (Duplex and Restaurant) situated at 247-251 Gympie Tce Noosaville Qld 4566,  described as Lot 11 SP 146048, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change; and
B.	Amend conditions 1 & 5 to read as follows:
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 29.502.1B, 29.502.2A (as amended 14/04/2018), 29.502.3A, 29.502.4A, 29.502.5A and 29.502.6A prepared by Andrew McKellar Design and dated May 2002 and as may be amended by these conditions.  To this end the outdoor dining area will remain not roofed.
5.	The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan endorsed through an Operational Works approval. Landscaping is to be maintained at a high standard at all times and is to be generally in accordance with Landscape Concept Plan, prepared by CB, Sheet 1 of and dated 13 April 2018; and
a. 	identified landscaped areas are as shown on plan 29.502.2A, prepared by Andrew McKellar, dated 14/04/2018;
b.	provide a minimum of 1 street tree on the sites frontage within the road reserve, that has a minimum pot size of 100 litres.
C.	Add additional Advisory Note
Infrastructure Charges (Change dated11 May 2018)
This Change to an Existing Approval 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.

[word/footer1.xml]
Page 6 of 7

[word/header1.xml]
3

[Attachment: image1.png (image text)]
 

@ Trelis vine
s Syzygium oleosum

—— Existing deck


[Attachment: image2.png (image text)]
 

 

 

maisie’s
restaurant
wa*

FL 203

ANDREW MeKELLAR DESIGN

 

 

landscaping under

 

   

[Additional
landscaped

 

 

larea proposed

 

 

3 THe ATBIUA
Ive TEM

patty 29,502.2