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Planning Report NYRC · 132003.220886.3

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Town Planning Report
Request for a Minor Change to the Conditions
specified within the Decision Notice

Noosa Yacht and Rowing Club, Chaplain Park, Gympie Terrace,
NOOSAVILLE 4566 QLD
Lot 166 on MCH839217


Noosa Yacht Club
Full text of the other 13 pages

Page 2

Table of Contents

Important Note                                                                                                                                                          2

1.     Summary                                                                                                                                                          3

2.     Background                                                                                                                                                      4

3.     Development Intent – Proposed Change                                                                                                                            5

4.     Proposed Change to Conditions                                                                                                                                    7
       4.1 Condition 1                                                                                                                                                  7
       4.2 Condition 4                                                                                                                                                  7

5.     Minor change                                                                                                                                                   10

6.     Conclusion                                                                                                                                                     12




List of Figures
Figure 1 - Approved Plan showing the new deck area referred to in Condition 4. ..................................... 5
Figure 2 - Proposal floor plan ......................................................................................................................................... 6
Figure 3 – Question 4 survey result ............................................................................................................................. 10



List of Tables
Table 1 - Da Rules assessment...................................................................................................................................... 11




RG Strategic                                                Planning Report – Minor Change Application                                                                   1

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Important Note

Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.

We have prepared this report for the sole purposes of Noosa Yacht and Rowing Club (“Client”) for
the specific purpose of demonstrating the proposed use as being permitted under the Noosa Plan
2020 (“Purpose”). This report is strictly limited to the purpose and the facts and matters stated in it
and does not apply directly or indirectly and will not be used for any other application, purpose, use
or matter.

In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.

This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;

               •   this report may not be relied on by a Third Party; and

               •   RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
                   arising out of or incidental to a Third Party; and

               •   publishing, using, or relying on the facts, content, opinions, or subject matter
                   contained in this report

If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.

In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.




RG Strategic                             Planning Report – Minor Change Application                         2

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1. Summary

RG Strategic has prepared this development application on behalf of Noosa Yacht and Rowing
Club. The purpose of this report is to seek approval for a Minor Change Application and a revision
of the Conditions specified within Decision Notice 132003.220886.2. The subject site is located within
a leased area at Chaplain Park, Gympie Terrace, Noosaville and is formally described as Lot 166
MCH839217.

The proposed Minor Change to the existing approval seeks some minor internal layout changes and
to delete Condition 4 of the Decision Notice dated 23 May 2014 (132003.220886.2): The internal
layout changes include:

           • The use of the small new deck extension for dining (refer to Condition 4);

           • Relocate the bar to adjoin the existing kitchen;

           • Remove the gaming room (poker machines) and replace with dining, and

           • Enclose the rear deck and use the area for storage.

This report should be read in conjunction with the accompanying covering letter, DA Form and
Appendices. The development is appropriate and is not anticipated to impact upon the amenity of
the locality. Council’s approval of the application is therefore sought, subject to relevant and
reasonable conditions.




RG Strategic                         Planning Report – Minor Change Application                      3

Page 5

2. Background

Council on 5 November 1992 approved a Development Permit for Material Change – Noosa Yacht
and Rowing Club - indoor & outdoor entertainment, jetties and boat ramp (3B277).

Council on 14 January 1993 Council agreed to modify Condition 4 of the above approval.

Council on 1 August 2003 approved a change to the existing approval to include a lift to provide
disabled access to the second floor (23404 DA).

Council on 22 September 2005 approved a change to the existing approval to include illuminated
signage (23404 DA).

Council on 23 May 2014 approved a change to the existing approval to extend the ground floor area
(132003.220886.2), subject to 5 additional conditions. Noting Condition 4 of this approval requires
further permission from Council to extend the existing deck for dining use.




RG Strategic                        Planning Report – Minor Change Application                   4

Page 6

3. Development Intent – Proposed Change

The proposed Minor Change to the existing approval seeks minor internal layout changes and to
delete Condition 4 of the Decision Notice dated 23 May 2014 (132003.220886.2). The internal layout
changes include:

           • The use of the 40m² new deck extension for dining (roof of approved lower floor). See
               Figures 1 & 2 below (refer to Condition 4 and);

           • Relocate and orientate the bar to adjoin the existing kitchen;

           • Remove the gaming room (poker machines) and replace with dining, and

           • Enclose 12m² of the rear deck and use the area for storage.

           • The proposal results in an additional 12m² of GFA as the new deck extension is
               unenclosed.

           • The proposal results in an increase of 52m² of Use Area (12m² storage + 40m² deck).

           • For the purpose of calculating carparking demand, the total increase in Use area is only
               40m² as the storage area is excluded from Use Area.

           • Figure 1 below shows the area referred to in Condition 4 as the extended deck area
               which requires further permission from Council for its use.

           • Figure 2 shows the proposal plan.




Figure 1 - Approved Plan showing the new deck area referred to in Condition 4.




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RG Strategic Planning Report — Minor Change Application

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4. Proposed Change to Conditions

Condition 1 is sought to be changed and the deletion of Condition 4 of Decision Notice dated 24
May 2014 to reflect the new internal layout, the use of the deck and the enclosing of the small rear
deck for storage. Noting that Conditions 1 and 4 of the Decision Notice dated 23 May 2014 which
are sought to be changed. The original Decision Notice also has a condition 4.

       4.1     Condition 1

Condition 1 reads as follows:

         1.       The works must be carried out in accordance with the following plans and
                  requirements noted below::

         Plan No.                           Plan Name                                           Date

         /1-Commercial Block 1 of 4         Ground Floor Plan, prepared by Bencee               02/05/2014

         /1-Commercial Block 2of 4          First Floor Plan, prepared by Bencee                02/05/2014

         /1-Commercial Block 3of 4          Building Elevations, prepared by Bencee             02/05/2014

         /1-Commercial Block 4 of 4 Presentation 3D Images, prepared by Bencee 02/05/2014




Request to change Condition 1 to read:

         1.       The works must be carried out in accordance with the following plans and
                  requirements noted below:

       Plan No.      Rev.    Plan Name                                                          Date

       SD 1.02       A       Ground Floor Plan, prepared by Hot Concepts Design Build 07.10.2021

       Plan 3 of 4           /3-Commercial        Block,    prepared       by   Bencee   Building 2/05/2014
                             Elevations


       4.2     Condition 4

It is requested to delete condition 4 which reads as follows:

4.       The deck area on the first floor shall not be extended and utilised for restaurant/deck

         area without further permission from Council.

Request to delete condition 4 for the following reasons.

The proposal seeks an additional:



RG Strategic                              Planning Report – Minor Change Application                          7

Page 9

           • 12m2 of GFA for storage area to the rear of the building;

           • 52m2 of Use Area (40m² of deck and 12m² storage area).

The proposal complies with the relevant Performance Outcomes of the Recreation and Open Space
Zone Code for the following reasons –

           • The selling of food and drink remains an integrated part of the club supporting the
               primary use of the club which is the active outdoor recreation use of sailing and rowing.
               Without the selling of food and drink, the club would not be able to provide the
               standard of facilities to enable its sailing and rowing programs and would be seeking
               more funding from Local, State and Federal Governments.

           • It is important to note, as part of this proposal, the club is REMOVING ALL GAMING
               MACHINES from the premises, which results in real benefit to the community;

           • Provides essential community infrastructure contributing to the social fabric of Noosa.
               It is the only facility in Noosa which provides sailing and rowing on the River front.

           • The club is well used by the local community and provides sailing programs to local
               schools including disabled users programs, using club owned sailing vessels;

           • The whole of the lower floor and surrounding open areas are used for the storage of
               boats, gear, first aide, change rooms and ablutions.

           • Noise – there will not be any additional noise to that which already exists. The decks’
               location faces the River and Pirate Park car park and any noise emanating from the site
               does not impact on any sensitive land uses.

Car parking

The proposal seeks an additional 40m² of Use Area without providing any further car parking spaces.
The original approval (Condition A4) indicates 29 spaces is sufficient for the use. The approval is for
Outdoor Sport and Recreation (which includes the selling of food and drink) which the Noosa Plan
2020 requires that car parking is sufficient for the intended use.

The additional 40m² will not create any additional car parking demand and complies with Table
6.6.1.3 Vehicle parking and access and Table 6.6.1.3 pedestrian and cycling connectivity PO32, PO33
and PO36 of the Recreation and Open Space Zone Code which are provided below for reference.
Discussion is provided thereafter.

PO32
Development encourages the use of public transport and access via alternative motor vehicles such
as scooters.

PO33
Public Open Space and natural vegetation is not lost for car parking.




RG Strategic                           Planning Report – Minor Change Application                       8

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PO36
Development promotes safe and efficient walking and cycling by providing sealed pathways along
easily understood direct routes with opportunity for casual surveillance

The club provides 29 car spaces onsite and is located adjacent to a public car park where
footpaths, car parking, bicycle and motorcycle parking is freely available.

Noosa Yacht and Rowing Club undertook a survey (powered by SurveyMonkey) to understand
patron travel/transport behaviour. The survey was conducted over a 6 week period from 13
September to 25 October 2021 with an excellent 181 responses to 4 survey questions. The survey
results are provided as Appendix B.

In summary, 65% of patrons use alternate transport modes, being carpooling, ride share,
walk/bicycle and public transport as shown below in Figure 3. The transport behaviour of patrons
to the club by alternate means of transport significantly reduces the demand for car parking. To put
this into context, 40m² of use area, using a 1 per 20m² calculation, 2 car spaces are required.
However, only 35% of the customers are using single vehicle trips, which means a demand of 0.7 of
a car space triggered. This <1 space is negligible and minor in nature. The existing carparking
situation has been operating for many years and works.

The majority of the customers of the club use alternate modes of travel/transport (other than single
vehicle travel) clearly complying with the above Performance Outcomes and considered that
carparking is sufficient for the use.

Furthermore, Performance Outcome PO33 seeks that natural vegetation is not lost to car parking.
Should Council require additional carparking, landscaping and vegetation is required to be
removed to provide any additional spaces, contrary to the PO33.




RG Strategic                            Planning Report – Minor Change Application                 9

Page 11

Figure 3 – Question 4 survey result



5.   Minor change

An assessment against the meaning of minor change and a response regarding the proposed
application is provide below. The Planning Act 2016 defines a minor change as a change to the
approval that:

         i. would not result in a substantially different development*;

         (*In determining whether the proposed change would result in substantially different
         development, the assessment manager or referral agency must consider the individual
         circumstances of the development, in the context of the change proposed.)

Schedule 1 of the Development Assessment Rules set outs provisions for a substantially different
development. A change may be considered to result in a substantially different development if the
proposed change results in any of the following outlined in Table 1 below.




RG Strategic                          Planning Report – Minor Change Application               10

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Table 1 - Da Rules assessment
  Provisions of Schedule 1 of the DA Rules              Response
   (a) Involves a new use                                 There is no new use proposed onsite

   (b) results in the application applying to a new       No new parcels of land is introduced
   parcel of land; or

   (c) dramatically changes the built form in terms       The built form generally remains unchanged except
   of scale, bulk and appearance; or                      for a small roof over the deck.

   (d) changes the ability of the proposed                There is no change proposed to the operation of
   development to operate as intended; or                 the Club.

   (e) removes a component that is integral to the        The gaming machines are proposed to be
   operation of the development; or                       removed. This is a benefit to the community.

   (f) significantly impacts on traffic flow and the      It is demonstrated in this report car parking
   transport network, such as increasing traffic to       demand is negligible, given that 65% of patrons
   the site; or                                           access alternate modes of transport to attend the
                                                          site.

   (g) introduces new impacts or increase the             No new impacts or the severity of impacts is likely
   severity of known impacts; or                          to result from the new deck. The River, car park and
                                                          Pirate Park adjoin the site with no sensitive
                                                          receptors will be impact by the decks use.

                                                          In regard to other impacts, by removing the gaming
                                                          machines will provide a real benefit to the
                                                          community.

   (h) removes an incentive or offset component           Does not remove an offset or incentive components
   that would have balanced a negative impact             of the development.
   of the development; or

   I(i) impacts on infrastructure provisions.             There is no additional impacts on infrastructure.




RG Strategic                         Planning Report – Minor Change Application                          11

Page 13

6.   Conclusion

As demonstrated above, the proposal is a Minor Change and is consistent with the intent of the
original approval and the Planning Scheme. The proposal results in an improved internal
configuration and:

           •   The selling of food and drink remains an integrated part of the club supporting the
               primary use which is the active outdoor recreation use of sailing and rowing

           • the club is REMOVING ALL GAMING MACHINES from the premises, which results in real
               benefit to the community;

           • Provides essential community infrastructure contributing to the social fabric of Noosa.

           • The whole of the lower floor and surrounding open areas are used for the storage of
               boats, gear, first aide, change rooms and ablutions.

           • Noise – there will not be any additional noise to that which already exists. The decks’
               location faces the River car parking and Pirate Park and any noise emanating from the
               site does not impact on any sensitive land uses.

           • Carparking on site is sufficient for the intended use.

Approval of the proposed Minor Change is recommended.

We look forward to Council processing the application at its earliest convenience. Should you
require any additional information or have any queries please to not hesitate to contact us.




RG Strategic                          Planning Report – Minor Change Application                   12

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RG Strategic         Planning Report – Minor Change Application   13


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