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Bordertown Cover Letter 090616 · 132005.1292.03
Attached to the e-mail 132005.1292.03 Change Application 1/253 Gympie Terrace Noosaville.
Our Ref: BOR/090616 9 June 2016 The Chief Executive Officer Noosa Council PO Box 141 Tewantin QLD 4565 Via email: [email protected] Attention: Mr. Glen Conforti Dear Glen, Request for Permissible Change – Approved Plans and Hours of Operation Unit 1, 253 Gympie Terrace, Noosaville Lot 1 on BUP 104212 Council Reference: 3B-404, 2005/1292 & 132005.1292.02 In relation to the abovementioned Development Approval originally granted by Noosa Council on 26 April 1995 and 5 October 2005 (Council Reference 2005/1292 and 132005.1292.02), on behalf of Un Deseo Pty Ltd we hereby request a change to the conditions in accordance with the Sustainable Planning Act 2009. Please find enclosed the following documentation and below representations to facilitate Councils assessment of this request: Council Application Form; Owners Consent; Architectural Plans; and Noosa Council’s Electronic Correspondence Agreement Form. The following representations support the above request for a permissible change which seeks to change the hours of operation and the approval plans as specified in the Decision Notice. The proposed changes consist of an extension to the hours of operation and a minor amendment of the approved plans for the restaurant located at Unit 1. There are no additional proposed changes to Unit 1. As discussed previously with Council, the proposed changes will require the following minor amendments: Proposed Architectural Plans; and Proposed Hours of Operation; Current Approved Plans The Decision Notice specifies the current approved plans as a condition to the approval (Condition 1). Below is an extract of Condition 1:
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Page 2
Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are labelled, numbered and dated as
follows and as may be amended by these conditions:
Drawing
Labelled Prepared by Dated
Number
Floor Plan 13 Di Henshall Interior Design 26/10/05
Sections A B 02 Di Henshall Interior Design 04/07/05
Sections C D E F 03 Di Henshall Interior Design 04/07/05
Kitchen Plan 04 Di Henshall Interior Design 04/07/05
Request for Changes to Condition 1
It is proposed that Condition 1 be amended to refer to the enclosed Architectural Plans prepared by PJ
Concepts and Designs. The proposed plans clearly identify the Use area of the site and specify the
locations of infrastructure not included in the calculation of said Use area. It is proposed that the total Use
area of Unit 1 is 35m2.
Presented below is the proposed amendment to Condition 1.
Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are labelled, numbered and dated as
follows and as may be amended by these conditions:
Drawing
Labelled Prepared by Dated
Number
Floor Plan 15201-01 PJ Concepts and Design 16/06/16
Sections A B 02 Di Henshall Interior Design 04/07/05
Sections C D E F 03 Di Henshall Interior Design 04/07/05
Kitchen Plan 04 Di Henshall Interior Design 04/07/05
Current Hours of Operation
Condition 5 of the Decision Notice specifies the hours of operation for a Restaurant Use. See below
extract of Condition 5.
The business is to operate during the daytime hours of 11am – 5pm with dining facilities for a
maximum of 10 persons. The business is approved to operate as a Restaurant from 5pm – 10pm
on Sunday to Thursday, and 5pm – 12pm Friday and Saturday with full dining facilities.
Given the nature approved for this site, the specified hours of operation limited by the Condition is
considered unreasonable and too restrictive.
Request for Changes to Condition 5
It is proposed that Condition 5 be amended to reflect the extended hours of operation as per Table 1
below. The proposed extension is reasonable with regard to the other tenants’ current hours of operation
(Table 2) and the provided on-site carparking infrastructure (Table 3).
Page 3
Presented below is the proposed amendment to Condition 5.
The business is approved to operate as a Restaurant from the hours of 6am – 10pm on Sunday to
Thursday and 6am – 12am Friday and Saturday with full dining facilities.
The following has been presented for council’s consideration during the assessment of this
request for change.
Table 1: Unit 1 – Current and Proposed Extended Hours of Operation.
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
11:00am- 11:00am- 11:00am- 11:00am- 11:00am- 11:00am- 11:00am-
Current Hours
10:00pm 10:00pm 10:00pm 10:00pm 12:00am 12:00am 10:00pm
6:00am- 6:00am- 6:00am- 6:00am- 6:00am- 6:00am- 6:00am-
Proposed Hours
10:00pm 10:00pm 10:00pm 10:00pm 12:00am 12:00am 10:00pm
The proposed extended hours of operation as per Table 1 reflect a minor change from the current
approved hours of operation. This amendment would enable the restaurant to open for Breakfast trade.
As a multiple tenancy site it is practical to consider the carparking provisions for each tenancy to provide
an overall perspective of the on-site carparking1. It is noted that the peak time of use as a result of the
extended hours of operation is unlikely to coincide with the peak use of the other tenancies on-site. The
peak time of use for Breakfast trading is approximately from 6:15am to 8:00am. As highlighted in Table 2,
this peak Breakfast trade occurs before the opening times of the other tenancies on-site.
Table 2: Proposed Hours of Operation for Unit 1, Current Hours of Operation for Units 2-4.
Unit Use Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Proposed 6:00am- 6:00am- 6:00am- 6:00am- 6:00am- 6:00am- 6:00am-
Unit 1
restaurant 10:00pm 10:00pm 10:00pm 10:00pm 12:00am 12:00am 10:00pm
Noosa Cruise and 9:00am- 9:00am- 9:00am- 9:00am- 9:00am-
Unit 2 Closed Closed
Travel Agency 5:00pm 5:00pm 5:00pm 5:00pm 5:00pm
Mountford 8:30am- 8:30am- 8:30am- 8:30am- 8:30am-
Unit 3 Closed Closed
Lawyers 5:00pm 5:00pm 5:00pm 5:00pm 5:00pm
River Terrace Hair 9:00am- 9:00am- 9:00am- 9:00am- 9:00am-
Unit 4 Closed Closed
Studio 7:00pm 6:00pm 7:00pm 6:00pm 2:00pm
As per Table 3, the required carparking calculations are satisfied by the current provision of on-site
carparking infrastructure. A total of 13 carparking spaces are required on site. 9 carparking spaces are
provided, with the remaining 3 spaces provided through the original developer’s contribution in lieu. A
relaxation of one carparking space was granted by the Council as part of the approved application
(05/1292 on 7 October 2005).
With the proposed amended internal floor plan to the approved plans (prepared by PJ Concepts and
Designs) illustrating that the total Use area of Unit 1 is 35m2, the provided on-site carparking
infrastructure supports the proposed extended hours of operation of Unit 1.
1 Noosa Council’s Planning Report prepared by D. Gallagher 25 July 2005.
Page 4
Table 3: Required Carparking Calculation.
Unit Current Tenant Use Definition Use Area Carparking Rate Required Spaces
Vacant – Proposed Type 1 Food & GFA = 68m2
Unit 1 1 space per 10m2 3.5 carparking spaces
restaurant beverages Use area = 35m2
Noosa Cruise and
Unit 2 Type 1 Office GFA =58 m² 1 space per 20m2‐ 2.9 carparking spaces
Travel Agency
Unit 3 Mountford Lawyers Type 1 Office GFA =64 m² 1 space per 20m2‐ 3.2 carparking spaces
River Terrace Hair Type 2 Shop &
Unit 4 GFA =66 m² 1 space per 20m2‐ 3.3 carparking spaces *
Studio salon
Required Carparking Spaces 12.9 (13) carparking spaces
Less granted discretion (planning report Nicholas
1 carparking space
Cooper 10/2005)*
Total Required Carparking Spaces 11.9 (12) carparking spaces
Carparking spaces provided on site 9 carparking spaces
Developer’s contribution in lieu of off-street car parking
3 carparking spaces
spaces (application notes Daniel Gallagher 25/7/2005)
Total Required Carparking Spaces 11.9 (12) carparking spaces
Total Provided Carparking Spaces 12 carparking spaces
In summary, the above request for a Permissible Change will result in a minor change to the use of the site.
Approval of the above Permissible Change is recommended with reasonable and relevant conditions.
Once receipt of the application has been confirmed we will organize payment of the application. Please
confirm the appropriate fee.
We look forward to Council processing the application at its earliest convenience. Do not hesitate to
contact myself personally if you have any questions.
Kind Regards,
Russell Green MPIA
Managing Director
Used in these records
Bordertown Cover Letter 090616.pdfRelated documentApplication case desk ↗
Bordertown Cover Letter 090616.pdfRelated documentApplication case desk ↗
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