Council Report 51987.44.01

51987.44.01 – other change to a DEVELOPMENT APPROVAL FOR Entertainment and Dining Business - Type 1 Food & Beverages and a Retail Business - Type 2 Shop & Salon – 6 thomas street, noosavilleent

Author	Development Planner, Tara Norley
Environment and Sustainable Development

Index	ECM/ Application/ 51987.44.01

Attachments	1. 	Proposal Plans
2. 	Infrastructure Agreement

APPLICATION DETAILS
Applicant	D Lock & F Brown
Proposal	Other Change to a Development Approval for Entertainment and Dining Business - Type 1 Food & Beverages and Retail Business - Type 2 Shop & Salon
Properly Made Date	19 July 2019
Information Request Date	16 August 2019
Information Response Date	28 August 2019
Decision Due Date	20 December 2019
Number of Submissions	Nil
PROPERTY DETAILS
Property Address	6 Thomas Street, Noosaville Qld 4566
RP Description	Lot 1 on RP161212
Land Area	653m2
Existing Use of Land	Mixed use, including retail on the ground floor and residential on the upper level.
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Visitor Mixed Use
Overlays	Natural Hazard – Flood Hazard and Acid Sulfate Soils
Assessment Type	Other Change (Impact)
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting dated 13 January 2020 regarding Application No. 51987.44.01 for an Other Change to a Development Approval for Entertainment and Dining Business - Type 1 Food & Beverages and Retail Business - Type 2 Shop & Salon, situated at 6 Thomas Street, Noosaville Qld 4566 and:
Approve the change and add the following conditions:
When Conditions Must Be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
15.0319.1.3A	A	New Ground Floor Plan	Aug 2019
15.0319.1.4A	A	New First Floor Plan	Aug 2019
15.0319.1.5A	A	Elevations	Aug 2019
Nature and Extent of Approved Use
The total use area (excluding kitchen and food storage areas) of Entertainment and Dining Business - Type 1 Food & Beverages on the site must not exceed 54.4m2.
The total gross floor area of Retail Business - Type 2 Shop & Salon on the site must not exceed 209.25m2.
The approved uses must not operate outside the hours of 7am to 10pm, 7 days a week, except Friday and Saturday, where Entertainment and Dining Business Uses may operate until 12 midnight. The requirements of this condition must be included in the Community Management Statement for any Body Corporate for the subject site.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
Building Height
The maximum height of the development must not exceed 5.05 metres above the finished ground level and the natural ground level.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000.00 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Appearance
Ground floor shopfront glazing along the western frontages must be fully transparent to a minimum of 50% of the street frontage to allow passive surveillance and encourage social interaction.
All mechanical equipment and other service infrastructure located on the site must be:
located not less than 2 metres from a property boundary
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
No structures, excluding a street awning for weather protection, may be located outside of the property boundary. Proposed planter boxes within the road reserve are not approved.
The building must be well articulated, with strong vertical design feature elements. The building must include subtle changes in colours, textures and materials to break up the building facades. The proposed awning located within the road reserve must be a lightweight structure, and the parapet reduced in height to the reasonable satisfaction of the Manager Development Assessment to comply with the Noosaville Locality Code.
Advertising Devices
Any advertising devices proposed on the site must comply with the provisions of The Noosa Plan.
Waste Storage
The development must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management.
Waste storage areas are situated to the rear of the building and are visually screened by fencing.
Weather Protection
Street awnings must be provided along the full length of the western property frontage, as shown on the Approved Plans. The awnings must have a minimum width of 3.3 metres from the building line, and must be designed to provide continuous solar and rain protection and promote all weather activity.
Public Safety
All ground floor shopfront glazing must be protected against vandalism by the use of a form of safety glass such as toughened or laminated glass.
Easements
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Engineering
Car Parking
The applicant will comply with the requirements of any Infrastructure Agreement entered into with the Council with respect to the payment of car parking contributions in relation to the proposed development. In the event that the Infrastructure Agreement does not apply a minimum of 11 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.
A minimum of 9 car parking spaces must be provided on the site in accordance with approved plans; made available and accessible at all times while the use is open for business. The carparking must include in particular:
Sealed and non-slip approved surface.
7 customers parking spaces within the total, which are clearly marked for that purpose.
2 staff parking spaces within the total, which are clearly marked for that purpose.
Parking spaces and line marked and sign posted crossfalls and gradients in accordance with Australian Standard AS/NZS 2890.1. Parking Facilities- Part 1: Off-street car parking.
Marked pedestrian routes in accordance with the conditions of this Decision Notice.
Provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code.
All car parking areas and access driveway must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
A certification by a suitably qualified person for the upgraded car parking area is required upon the completion of works and prior to issuing the Certificate of Classification to confirm compliance with the conditions of this permit.
Delete existing conditions 1 to 11
Agree to enter into an Infrastructure Agreement with the applicant that provides for contributions in lieu of 2 on-site car parking spaces.
Find the following matters relevant to the assessment and sufficient reason to approve the application:
The proposal complies with the Overall Outcomes of the Noosaville Locality Code as the development will provide  for Business Uses that directly service visitors accommodated in the immediate area and foreshore, including entertainment and dining activities, which will contribute to the economy of the Shire through the tourism and hospitality sectors;
The development is consistent with the bulk and scale of buildings within proximity to the subject site, maintaining the visual continuity and pattern of buildings along Thomas Street, and presenting a high quality and interesting streetscape; and
The proposal will result in an improvement in built form through structural and aesthetic changes to the existing building.
Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks approval for an Other Change to a Development Permit for a Material Change of Use - retail shop. The application is seeking approval to:
change the approved ‘retail shop’ to a restaurant and shop & salon;
include 29m2 of additional gross floor area (currently an existing unapproved structure) to be used for the purposes of a restaurant (refer to blue area on Figure 1);
change the use of an existing 27m2 single car garage for the purposes of a restaurant (refer to pink area on Figure 1);
change the use of approximately 24m2 of existing ‘retail shop’ to a restaurant (refer to green area on Figure 1); and
The remainder of the ground floor building use is to remain as a shop (refer to white areas on Figure 1).

Figure 1: Proposed Additional Gross Floor Area
The proposal results in five tenancies, with Lot 1a and Lot 1c proposed to be restaurants and Lot 1b, Lot 2 and Lot 3 proposed to be shops (refer to Figure 2).

Figure 2: Proposed tenancy configuration
The driveway and car parking areas are proposed to remain in their current form, with no additional onsite carparking proposed.
Additional changes are described in the application material as follows:
New weatherboard cladding,
new windows and entries,
a new roof over enclosed space,
a 3m extension to the awning to align with the extent of the building,
new posts, and a feature frieze below the awning.
The application is before Council due to the requirement for an Infrastructure Agreement to be entered into. The Infrastructure Agreement is required as the applicant proposes to pay a contribution in lieu of a shortfall of two onsite car parking spaces.
The locality and proposal plans are detailed below:

Figure 3: Locality

Figure 4: Proposed Ground Floor Plan

Figure 5: Proposed First Floor Plan

Figure 6: Elevations (west, north, east and south)
site details
Background
The subject site has developed over time, with the original building/use, including the existing garage and first floor dwelling unit, not requiring a planning permit at the time of construction (refer to blue outline on Figure 7).
A planning application was lodged in 1987 under the 1985 Noosa Plan for the southern portion of the building, for an additional 104m2 of retail (refer to red outline on Figure 7). A Development Permit for a ‘retail shop’ (51987.44) was issued on 6 October 1987. Whilst the application related to the additional 104m2 of gross floor area only, the approval conditioned nine carparking spaces to be provided onsite for the entirety of the development, including the existing building uses.
The subject site was located within the Commercial A zone under the 1985 Noosa Plan, which included a provision for gross floor area of 2:1 to site area, allowing the opportunity for the site to develop to a maximum of 1306m2 of gross floor area (GFA). The total existing approved GFA is approximately 382.2m2.

Figure 7: Original Ground Floor Area (blue), Area Subject to 51987.44 Application and Approval (red), Existing Unapproved Structure (green)
The Other Change application partly seeks a retrospective approval for a 29m2 area of floor space that has been operating as additional gross floor area without a development permit (refer to green outline on Figure 7). The application material states:
‘The unapproved works located adjacent to the frontage of the site occurred approximately 10 years ago by a previous owner of the premises’
It would appear that the area was fully enclosed sometime between June 2014 and August 2016 (refer to Figure 8). A planning approval was not issued for the works carried out onsite.

Figure 8: Google Street View June 2014 and August 2016
Site Description
The subject site is relatively flat and contains an existing 2-storey building, comprising a mixed use development, including retail tenancies on the ground floor and a residential dwelling on the upper level. The site has a 20m frontage to Thomas Street to the west, and includes 9 onsite carparks at the rear of the property, accessed via a shared driveway located to the north of the development. The site is encumbered by two easements over the length of the northern boundary of the property, allowing reciprocal access between the subject site and the adjoining property to the north. The site contains no landscaping.
Surrounding Land Uses
The site is located on Thomas Street, in proximity to Gympie Terrace and the Noosa River. The area consists of a mixture of residential and business uses, including short and long term accommodation, entertainment, dining and retail businesses.
assessment
Instruments for Statutory Assessment
Under section 82 of the Planning Act 2016, the application may 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.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the urban area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Visitor Mixed Use. The proposed Entertainment and Dining Business - Type 1 Food & Beverages use is identified as a consistent use within the zone, whilst the Retail Business - Type 2 Shop & Salon is identified as an inconsistent use within the zone. Despite the retail use being inconsistent, the use is existing and obtained the relevant permit under the 1985 planning scheme as a ‘retail shop’.
The Other Change application is required to follow an impact assessable application process. The pertinent issues arising out of the assessment are discussed below.
Overall Outcomes
Development sought in the Noosaville Visitor Mixed Use zone is predominately mixed use development, incorporating business and residential uses. The proposal complies with the relevant Overall Outcomes for the locality and zone, as the development is compatible with other uses within the area and will provide for Business Uses, including entertainment and dining activities that directly service visitors accommodated in the immediate area and foreshore. Specifically, the proposal complies with the following relevant Overall Outcomes of the Noosaville Locality Code:
a)	New uses and works are located, designed and managed to—
i 	be compatible with other uses and works;
ii 	maintain the safety of people and works;
iii 	avoid significant adverse impacts on the amenity enjoyed by users of other premises or surrounding area, including acoustic and visual qualities; and
iv 	avoid significant adverse effects on the natural environment, including native habitat removal, fragmentation and attrition;
i) 	The Noosaville Locality provides for much of Noosa’s commercial, retail, administrative, industrial and social needs, and is one of the major focus areas for visitor accommodation and services;
p) 	Noosaville is one of the principal visitor destinations in Noosa;
u) 	Variety in the built form is emphasised through the historical development of the locality and the many architectural styles;
dd) 	The mixed urban character of Noosaville is maintained through the retention of older building forms and the introduction of new buildings that complement old building forms by incorporating low rise, low scale, well articulated buildings, lightweight building materials and pitched roof forms that contribute to the skyline;
ee) 	Significant retail and commercial uses provide residents and visitors with a range of low to high order goods and services;
qq)	For the Visitor Mixed Use Zone - Business Uses are integrated with Multiple housing and visitor accommodation where development -
iii. 	provides for Business Uses that directly service visitors accommodated in the immediate area and foreshore users;
iv. 	respects the existing residential amenity of visitors and residents within and surrounding the development;
v. 	includes entertainment and dining activities which may operate into the evenings and include live music which creates a vibrant atmosphere;
vi. 	contributes to the economy of the Shire through the tourism and hospitality sectors;
vii. 	provides for parking that is generally accessed via shared driveways or from roads other than Gympie Terrace; and
viii. 	is designed to ensure car parking does not visually dominate street frontages;
Specific Outcomes
The proposal complies with the relevant Specific Outcomes for the locality and zone, as the development will provide additional appropriate Business Uses on the ground floor, with frontage to the street, creating an active building frontage with visual interest for pedestrians. The development is consistent with the bulk and scale of buildings within the locality, maintaining the visual continuity and pattern of buildings along Thomas Street, and presenting a high quality and interesting streetscape via an improvement in the existing built form of the building. Specifically, the proposal is considered to comply with the following relevant Specific Outcomes of the Noosaville Locality Code:
Specific Outcome O59
Uses on the ground floor, with frontage to the street, are a mix of residential uses, recreation facilities, shops, restaurants and cafes that create active building fronts
Specific Outcome 60
Buildings and other structures present a high quality streetscape with building elements and forms that—
are consistent with the bulk and scale of buildings on adjoining and nearby land;
define, rather than dominate, the street and public spaces, particularly Gympie Terrace, Noosa River and its foreshores;
create pedestrian scale and visual interest;
provide variation in building alignments by staggering or separating continuous walls into smaller sections to vary the elevation;
vary and break up the roof form;
incorporate well articulated building forms with strong vertical design features elements which interrupt the plane including windows, pergolas, sun shading devices and variations in balcony styles; and
present subtle changes in colours, textures and materials to break up the building facades;
integrate signage with the building design; and
integrate landscaping into the building design and car parking areas.
Built Form
The below table summarises the built form requirements for the proposal located within the Noosaville Locality.
Criteria	Planning Scheme	Proposal	Complies
Site Area	N/A	653m²	
Population density	10.45 persons max	3.3 persons	
Site cover	40% max	50%	X
Gross floor area	417.9m² max	439.2m² total (257m² existing retail 125.2m² dwelling 56m2 additional)	X
Non-residential component (20% of GFA max)	83.6m2 max	314m2	X
Building height storeys metres	3 storeys max 12 metres	2 storeys 5.05 metres	
Boundary setbacks Frontage Side (northern) Side (southern) Rear	6 metres min 2.5 metres min 2.5 metres min 6 metres min	0 metres 1.5 metres 0 metres 8.1 metres	X X X
Landscaped open space Landscaping on boundaries	65m² min Frontage – 2m average Rear – 3m	0m² 0m 0m	X X X
Carparking	5 uncovered min (for additional GFA and change of use area only)	0 uncovered	X
Ratio units : shops	12:1 max	1:5	X
Site Cover
The Noosaville Locality Code Specific Outcome O11, states Site cover for the Visitor Mixed Use Zone does not exceed 40%.  The proposal would result in an increase in site cover from approximately 45.4% to a total of approximately 50%, with the formalisation of the enclosed area referred to as Lot 1a increasing site cover by approximately 5.6%. The proposed total site cover exceeds the allowable site cover under the provisions of The Noosa Plan. However, it is noted that the subject site was historically located within the Commercial A zone under the 1985 Noosa Plan, which did not have a provision for site cover. As a result, historical developments within the surrounding area, within the Visitor Mixed Use zone, largely do not comply with site cover requirements of the current Noosa Plan, including adjoining lots to the north and south of the subject site:
Address	Site Cover (approx.)	Building Approval
8 Thomas Street	71%	1979
10 Thomas Street	73%	1989
203 Gympie Terrace	53%	No file on record*
*aerial images indicate building pre-dates 1985 scheme
Whilst the proposal exceeds the site cover provision of Specific Outcome 11, the proposed development meets Specific Outcome 10, as the development results in a building scale that is compatible with surrounding development and does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site. As the existing unapproved structure will be removed and rebuilt as part of this proposal, the renovated building will present a superior built form outcome to what is currently existing, providing a greater variety in the built form and architectural style along the Thomas Street road frontage. The renovation of the north western corner of the building will result in greater street activation and visual interest for pedestrians due to the proposed restaurant use being located along the street frontage.  Therefore, the proposed site cover is acceptable and compatible in the context of the subject site and historical development within the surrounding locality.
Gross Floor Area and Non-Residential Component
The Noosaville Locality Code Specific Outcome O14, states for the Visitor Mixed Use Zone, the maximum gross floor area equals the allowable population in persons multiplied by 40m2. Therefore, the maximum GFA for the site is 417.9m2.  The current (approved) GFA is 382.2m2, with the additional 56m2 proposed resulting in a total GFA of 438.2m2, which does not comply with the requirements of the current planning scheme. It is noted however, that the subject site was historically located within the Commercial A zone under the 1985 Noosa Plan, which included a provision for GFA of 2:1 to site area, allowing the subject site to have previously developed with a maximum of 1,306m2 of GFA. As a result of the historical zoning of the area, the surrounding locality has a variety of existing built form, with a number of sites containing gross floor areas that would not comply with the current planning scheme requirements.
Address	GFA (approx.)	Plot ratio (approx.)	Building Approval
8 Thomas Street	404m2	0.67:1	1979
10 Thomas Street	603m2	1.05:1	1989
203 Gympie Terrace	1765m2	0.79:1	No file on record*
*aerial images indicate building pre-dates 1985 scheme
Whilst the proposal exceeds the GFA provision of Specific Outcome 14, the proposed development meets Specific Outcome 10, as the development results in a building scale that is compatible with surrounding development and does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site, whilst maintaining the visual continuity of development along the north eastern portion of Thomas Street. Therefore, the proposed GFA is considered acceptable and compatible within the context of the subject site and surrounding locality.
Specific Outcomes 56.1 – S56.4 relate to the non-residential component of development within the Visitor Mixed Use zone, with a maximum of 83.6m2 allowable under the planning scheme provisions. The total proposed non-residential component is 313m2. The historical zoning of the subject site and surrounds has resulted in a number of sites containing a higher proportion of commercial uses than residential uses, particularly along the eastern side of Thomas Street. It is also noted that although the development does not comply with current planning scheme requirements, the development is substantially existing, and this application relates to an additional 56m2 of GFA only. The addition of 56m2 of Entertainment and Dining Business - Type 1 Food & Beverages at the ground level is considered acceptable in the context of the development and the surrounding locality, and is not anticipated to adversely affect the residential character and amenity of the area.
Setbacks
Probable Solution S9.1 of the Noosa Plan requires the following setbacks in this location:
6m from the front boundary for up to 2 storeys;
from side boundaries, a distance equal to half of the wall height, being 2.5m for this development; and
6m from the rear boundary for up to 2 storeys;
The setbacks do not comply with the above requirement, with the front and southern side of the building being built to boundary, and the northern boundary setback being 1.5m. It is noted however, that these setbacks are existing.
No changes are proposed to the southern side or rear boundary. The legitimisation and renovation of the currently unapproved structure located on the north western corner of the building will result in an additional approved encroachment of a length of 9.6m along the northern boundary and a length of 3m along the front boundary (refer to blue in Figure 9).
The proposed additional encroachment into the side and front setback is considered consistent within the locality, providing adequate distances from adjoining land uses and maintaining the visual continuity and pattern of buildings along Thomas Street. Therefore, the additional encroachment is not anticipated to result in any adverse impacts on adjoining properties.

Figure 9: Area of Additional Setback Encroachment
Carparking
The original approval for a ‘retail shop’ conditioned 9 onsite carparks for the entire development, at a rate of 1 space per 30m2, therefore, the existing area proposed for Retail Business - Type 2 Shop & Salon does not require the provision of any additional carparking (refer to Figure 10).

Figure 10: Area of Existing Approved Use Not Requiring Additional Carparking
Carparking requirements for Entertainment and Dining Business - Type 1 Food & Beverages under The Noosa Plan are calculated based on use area, which excludes kitchen and food storage areas (refer to Figure 10).

Figure 10: Entertainment and Dining Business - Type 1 Food & Beverages Use Area,
Excluding Kitchen and Food Storage Areas (hatched)
The proposed change includes a total increase in use area of 54.4m2 for the purposes of Entertainment and Dining Business - Type 1 Food & Beverages. Of the 54.4m2 use area, 20.4m2 will be a change from an existing approved ‘retail shop’ to a restaurant. This 20.4m2 of existing ‘retail shop’ includes existing onsite carparking, which was originally calculated at a rate of 1 space per 30m2.
The following table provides a calculation for carparking requirements for the current Noosa Plan, and the draft New Noosa Plan.
Use Type	Use area	Required
The Noosa Plan
Entertainment and Dining Business - Type 1 Food & Beverages at 54.4m2	1 space per 10m2	5.4
Minus existing carparking for 20.4m2 of GFA	1 space per 30m2	-0.66
TOTAL	4.74
Draft New Noosa Plan
Food and Drink Outlet at 54.4m2	1 space per 20m2	2.7
Minus existing carparking for 20.4m2 of GFA	1 space per 30m2	-0.66
TOTAL	2.04
It is noted that the minimum number of carparks is a probable solution under The Noosa Plan, therefore is not exhaustive, and alternative solutions that achieve the outcomes of the planning scheme may be considered by Council. It is also noted, as outlined above, that under the draft New Noosa Plan, the carparking rate is proposed to decrease to 1 space per 20m2 for a Food and Drink Outlet. Given the draft New Noosa Plan is now substantially progressed, it is reasonable to apply the draft scheme carparking rate to the proposal.
It is acknowledged that due to existing development onsite, the subject site is significantly constrained in terms of limited remaining vacant site area, combined with limited onsite manoeuvrability. In addition, it is considered the locality would benefit more from improved public transport, pedestrian or cycle facilities compared to the provision of additional car parking onsite. As such, the applicant has advised that they are agreeable to enter into an Infrastructure Agreement to make contributions in lieu of car parking. It is therefore recommended Council enter into an Infrastructure Agreement for the 2 carparking spaces, at a rate of $15,000 per space (subject to indexation), as per the Contributions in Lieu of the Provision of Onsite Car Parking Council policy.
Landscaping
Probable Solution S1.1 of the Landscaping Code requires a minimum area of 10% (65m2) of the site to be landscaped, with the following minimum dimensions:
Frontage— average width of 2m; and
Side or rear boundaries—3m width along all boundaries that adjoin land in a residential zone.
The original development permit did not condition any onsite landscaping requirements, and historically, the site has developed to be entirely impervious, with no landscaping provided on site.
It is considered that the site is relatively constrained in regards to opportunities to provide landscaping due to existing setbacks and carparking. It is noted a number of properties along the eastern side of Thomas Street have been developed with no or very limited landscaping provided onsite. There is limited landscaping provided along the centre strip of carparking along Thomas Street, adjacent to the subject site, providing some amenity to pedestrians.
The proposal plans include planter boxes located on the front footpath outside of the subject site. As the structures are proposed on a pedestrian footpath, it is considered that they may cause a safety issue for pedestrians, and/or become an ongoing maintenance issue for Council. Therefore, the proposed structures within the road reserve are not supported and the following condition is recommended:
No structures, excluding a street awning for weather protection, may be located outside of the property boundary. Proposed planter boxes within the road reserve are not approved.
draft planning scheme
The draft New Noosa Plan zones the subject site as Tourist Accommodation. This zone reflects the intent of the current Visitor Mixed Use zone under the existing Noosa Plan. The new scheme provisions for site cover accord with the current planning scheme, however gross floor area is no longer a built form outcome under the draft, rather, a plot ratio of 0.65:1 is required. The proposal, at 0.64:1 would comply with the draft plot ratio requirement. In addition, carparking requirements for food and drink outlets have reduced under the draft planning scheme, as previously discussed. It is considered that no changes to the assessment or recommendation would result under the New Noosa Plan.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering, Development Assessment
Public Notification
The application was publicly notified for fifteen business days in accordance with the Planning Act 2016. No properly made submissions were received.
conclusion & REASONS FOR DECISION
The proposed development seeks an Other Change to a Development Permit for a Material Change of Use – retail shop to a Development Permit for a Material Change of Use for Entertainment and Dining Business - Type 1 Food & Beverages and Retail Business - Type 2 Shop & Salon at 6 Thomas Street, Noosaville. The proposed Entertainment and Dining Business - Type 1 Food & Beverages use is consistent in the Visitor Mixed Use zone. The Retail Business - Type 2 Shop & Salon use is an inconsistent use within the zone, however is an existing use on the site, with an overall reduction in the proposed GFA to be utilised as Retail Business - Type 2 Shop & Salon from what is currently existing onsite.
Despite not complying with a number of probable solutions and specific outcomes of The Noosa Plan, the proposal complies with the overall outcomes and the relevant specific outcomes of the Noosaville Locality Code. The development provides for additional entertainment and dining businesses in an appropriate location. The development is consistent with the bulk and scale of buildings within the locality, maintaining the visual continuity and pattern of buildings along Thomas Street, and presenting a high quality and interesting streetscape via an improvement in the existing built form of the building. Although additional onsite carparking cannot be provided due to site constraints, the applicant has advised they are agreeable to enter into an Infrastructure Agreement to make contributions in lieu of car parking. The application is therefore recommend for approval subject to reasonable and relevant conditions.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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general COMMITTEE MEETING REPORT	13 JANUARY 2020

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new awning

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


[Attachment: image8.png (image text)]
 

 

 

 

 

 

 

 

 

 

   

existing building
concrete blockwork

    

 

 

 

 

 

 

 

 

 

 

 

 


[Attachment: image9.png (image text)]
    

  

existing building
concrete blockwork