Original source · versioned page text
51995.1871.02 (TPC 2888Additional Information
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Sunshine Coast
1 1 1 HO
B 4
0 38116
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2011112 Regional Strategy and Planning
-A
Council Request to ChannP FYiS tin n Annrnval aneltnr FYtpncinn to Ralavant Parinrl
Sustainable Planning Act 2009
-- - -----
ALL questions MUST be completed unless the form indicates otherwise.
This form must be submitted to Council accompanied by the applicable fee.
Attach extra pages if there is insufficient space on the form.
If Council was the Assessment Manager for the existing approval, and the approval was Issued by the Court, then:
(a) a request to change the development approval and/or conditions is made to the Court; and
(b) a request to extend the relevant period for the approval is made to Council.
All terms used on the form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation
2009.
1. Details of person making the request
Full name - individual or companyFJhi / 7 S / r' 4jc?Con 8 (tai /3e'
.
Contact Name - for company
Postal address
Suburb q State I Postcode
7
Business phone ^QA!H phone Mobile
Email address
2. Details of existing approval
Type of approval (please tick ALL applicable categories) ' Which entity issued approval?
I► Development Permit q Sunshine Coast Council
q Preliminary Approval [ "Other entity - please specify
q Compliance Permit
l^Y Material Change of Use
q Reconfiguring a Lot
q Operational Works
q Building Works
C1 Plumbing or Drainage Works
q Compliance Certificate
q Environmentally Relevant Activity
Application number/council referenceQ&s 8
Is the approval for a mobile and temporary ERA? IKNo q Yes - complete below
Insert the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating
.--Qev cement C o.u me r. .....
Privacy
Council will use any personal information provided for the intended purpose only and for remaining in contact with you Council is
authorised to collect this information in accordance with the Local Government Act 2009 and other Local-Government Acts. Your
personal information is only accessed by persons authorised to do so. Your personal information Is dealt with in accordance with
council's privacy policy.
www.sunshinecoest.gId.gov.au I [email protected] I T 07 5475 7272 F 07 5475 7277
Locked Bag 72 Sunshine Coast Mail Centre Qld 4560 ABN 37 876 973 913
Caloundra office 1 Omrah Avenue Caloundre QId 4551 Maroochydore oftisce 11-13 OceanStreet Maroochydore Qid 4558
Nambour office Cnr Currie and Bury Streets Nambour QId 4560 I Tewantin ofifoe 9 Pelican Street Tewantin Qld 4565
1 of 4 2011112 Regional Strategy and Planning Request to Change Exi tine ApPF9 d/or Extension to Relevant Period FM401
Box: .,2, Z.Q,t......... R:...2 ........
q 01
VU
Nn
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SCRC CORRESPONDENCE
Sunshine Coast B0438116 2011/12 Regional Strategy and Planning
Council Request to Change Existing Approval and/or Extension to Relevant Period
51995-1811 OO,
Sustainable Planning Act 2009
f ALL questions MUST be completed unless the form indicates otherwise.
This form must be submitted to Council accompanied by the applicable fee.
_ Attach extra pages if there Is insufficient space on the form.
_ If Council was the Assessment Manager for the existing approval, and the approval was issued by the Court, then:
(a) a request to change the development approval and/or conditions is made to the Court; and
(b) a request to extend the relevant period for the approval is made to Council.
| All terms used on the form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation
2009.
1. Details of person making the request
/ Full name — individual oncom £Miy / ys ZTehn Bacon & Brent Fiotheny Ces Mie|
| Contact Name — for company cl- Mertko Consulting ssl
Postaladdress <4 Box IOS _ nestle Sellinet j
| Suburb ME State 22.7 Postcode AL 5G
COS FP OLS |
Business phone £5 A/H phone | Mobile
Email address. achne @ martazcarsu/ hing .<omFx 5i¢ S55 725
2. Details of existing approval
Type of approval (please tick ALL applicable categories) | Which entity issued approval?
| Y Development Permit O Sunshine Coast Council
‘O Preliminary Approval ae Other entity — please specify
'O Compliance Permit Nroesa Ceurnci'/,
OY Material Change of Use
'O Reconfiguring a Lot
Operational Works
Building Works
RECEIVE
01 MAR 201
‘oooogada
Plumbing or Drainage Works SCRC
Compliance Certificate Tewantin
Environmentally Relevant Activity ; ; _ . ; ey
Application Number/council reference = —7~7 Pe naees : [Date issued “Le
i Is the approval for a mobile and temporary ERA? — Y No o 7 ‘Yes - complete below
| Insert the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating
sa inal ae esl:
__| Develonment Counter
|
|Privacy | “78 FEB 2012 |
Council will use any personal information provided for the intended purpose only and for remaining in contact with you: Council is
_ authorised to collect this information in accordance with the Local Government Act 2009 — athe Lopal favernment Acts. Your
_ personal information is only accessed by persons authorised to do so. Your personal informa’ it With in accordance With
| council's privacy policy. | oe :
were.sunshinecosstqid.gov.au | [email protected] | 10754757272 F 07 54757277
Locksd Bag 72 Sunshine Coast Mail Centre Qki45a0 | ABN 37 876973 913
Caloundra office 1 Omrah Avenue Caloundra Qid 4551 | Maroochydore office 11-13 Ocean Street Maroochydore Qld 4558
Nambour office Cnr Curie and Bury Streets Nambour Qld 4560 | Tewantin office 9 Pelican Street Tewantin Qid 4565
4of4 2011/12 Regional Strategy and Planning d/or Extension to Relevant Period FM401
Box: .AAAl. : 9097S
Al HA 4} 7 97yY 1
a
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Page 2
3.`Nature of tequest (please.':tlick AI:I.: applicable:categories}
Cf To change the development 17 To change the development 0 To extend the relevant period
approval conditions before lapsing
Please attach documentation outlining the detail of and the reasons and justification for the requested change or
extension.
5. Concurrance Agencies
Was there one or more concurrence agencies Involved In the original approval? t3'No _
q Yes-provide details below
Note - Under s372 of the Sustainable Planning Act 2009 the person making the request Is required to give a copy of this request to all
concurrence agencies,
6. Pre-request response notice
Has a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request?
C2'No q Yes
If yes, please attach a copy of the notice.
7. Owner's consent
Is the owner's consent required for this request?
I 'es-- complete either Table A or Table B below
Note - If more than one owner of the land all owners' details are required
Date
3r^n t ^^ Oa /•' /I /
^h^ /, .Thf-
->- 'fig, wnec's cons t provided on form
Me, the above-mentio ns of the land, consent
to the making of this request. Owner's name/s
Signature/s 0 The owner's wri ttan consent is attached.
2 of 4 2011112 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM401
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3. Nature of request (please tick ALL applicable categories)
[f To change the development OQ To change the development 0 To extend the relevant period
approval conditions before lapsing
Please attach documentation outlining the detall of and the reasons and Justification for the requested change or
extension.
4. Location of the premises
Unit No.
5, Concurrance Agencies
Was there one or more concurrence agencies Involved in the original approval? No =
—_ oO Yes-provide details below
Note ~ Under s372 of the Sustainable Planning Act 2009 the person making the request Is required to give a copy of this request to all
concurrence agencles.
6. Pre-request response notice
Has a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request?
[aNo CO lo Yes
If If yes, please attach a copy of the notice. —
7. Owner’s consent
Is the owner's consent required for this request? O No
Pa WYes-— complete either Table A or Table B below
Note — If more than one owner of the land all owners’ detalls are require
REC NK CCRC
Grent Flithany. On hic)
Ar |, 2 Tshr Gexcan
Date Qalii/fa2crs
iru PSM a eect if iCTine
Owner's name/s
We, the above-m entioned owner/s of the land, consent car - Nie)
to the making of this request. Owner’s name/s
PK 7 PAilig Fehon as |
Signature/s ath, wi a OThe owner's written congent Is attached. e)
20f4 2014/12 Reglonal Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM401
Page 3
^.._._ _
NOTES: For question 7
Under section 371 of the Sustainable Planning Act 2009, if the person making the request Is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's consent.
However, owner's consent Is not required if the approval:
relates to land the was acquisition land to which section 263(2)(d) of the Sustainable Planning Act 2009 applied when the
application for the approval was made; or
Is for building work or operational work for the supply of community Infrastructure on land designated for the community
infrastructure; or
the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act 2009 if a development
application were made for the requested change.
Also, owner's consent Is not required if the Assessment Manager is satisfied that;
the number of owners of the land make it Impractical to obtain owners' consent, and the requested change does not materially
affect the owners' land; or
having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the requested change
does not materially affect the owner's land.
8. Doesthe request Involve a State resource presdribed under the SustainablePlanning Regulafion 2009,
Scheaulle
' 1 q Yes - complete below details
Nature of State owned resource:
Nature of Evidence required:
q Evidence of allocation of / entitlement to, the resource q Evidence the chief executive has agreed to the request
Attach a copy of the evidence required above ___.
NOTES: For question 8 -- ----. -.^-- -----^_^._ -
Section 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development approval were made at
the time of making this request and evidence under section 264(1) of the Sustainable Planning Act 2009 would be required to support
the application, this request must be accompanied by the written agreement of the chief executive from whom evidence would be
required under section 264(1).
Section 264 of the Sustainable Planning Act 2009 provides that If a development Involves a State resource, a regulation may require
the application to be supported by certain evidence prescribed under regulation. Schedule 14 of the Sustainable Planning Regulation
2009 prescribes the State resources for which evidence Is required to be given, and the evidence required, to support the application.
9. Declaration of applicant
I/We, the applicant, declare that the above information Is correct in all respects, at the time of lodgement of this
application with the Sunshine Coast Regional Council. Should any of the details given in relation to this application be
changed In the future, the applicant shall advise the Sunshine Coast Regional Council in writing prior to any such change
being implemented. , „_: ,
Signaturels Date
3 of 4 2011/12 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM401
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NOTES: For questlon 7
Under section 371 of the Sustainable Planning Act 2008, If the person making the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's consent,
However, owner's consent Is not required if the approval:
- relates to land the was acquisition land to which sectlon 263(2)(d) of the Sustainable Planning Act 2009 applied when the
application for the approval was made; or
- _ Is for bultding work or operational work for the supply of community Infrastructure on land designated for the community
infrastructure; or
- the consent of the owner would not be required under section 263(1) of the Sustalnable Planning Act 2009 If a development
application were made for the requested change.
Also, owner's consent Is not required if the Assessment Manager is satisfled that;
- the number of owners of the land make it Impractical to obtain owners’ consent, and the requested change does not materially
affect the owners’ land; or
- having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the requested change
does not materially affect the owner's land.
8, Does the request involve a State resource prescribed under the SustainablePlanning Regulation 2009,
Schedule 14?
O Yes — complete below details
| Nature o of State owned resource:
| Nature ature of Evidence required;
1 Evidence of allocation of / entitlement to, the resource _|o Evidence the chlef oxecutive has agreed to the request
Attach a copy of the evidence required above
NOTES: For question 8
Section 370(3) and (4) of the Sustalnable Planning Act 2009 requires that if an application for the development approval were made at
the time of making this request and evidence under section 264(1) of the Sustalnable Planning Act 2008 would be required to support
the application, thls request must be accompanled by the written agreement of the chief executive from whom evidence would be
required under sectlon 264(1).
Section 264 of the Sustalnable Planning Act 2009 provides that if a development Involves a State resource, a regulation may require
the application to be supported by certain evidence prescribed under regulation, Schedule 14 of the Sustainable Planning Regulation
| 2009 prescribes the State resources for which evidence Is required to be given, and the evidence required, to support the application,
9. Declaration of applicant
\We, the applicant, declare that the above information Is correct in all respects, al the time of lodgement of this
application with the Sunshine Coast Regional Council. Should any of the details given in relation to this application be
changed In the future, the ae shail advise the Sunshine Coast Regional Council in writing prior to any such change
| being Implemented.
Signature/s of : YE hnettcatennn / [Date a J) y Js Ji J
30f4 2011/12 Reglonal Strategy and Planning Request te Change Existing Approval and/or Extension to Relevant Perlod FM401
Page 4
3. Nature of request (please tick ALL applicable categories)
E1 To change the development q To change the development q To extend the relevant period
approval conditions before lapsing
Please attach documentation outlining the detail of and the reasons and justification for the requested change or
extension.
4. Location of the premises
Unit No Street No Street A-(t^^r(v-
'+
Suburb State Postcode L
M
^ Plan type & plan no.
i,-:, t -1 4 ' i7 .36,6,
5. Concurrance Agencies
Was there one or more concurrence agencies involved in the original aporoval? f No
q Yes-provide details below
Note Under s372 of the Sustainable Planning Act 2009 the person making the request is required to give a copy of this request to all
concurrence agencies.
.Concurrence Agency Date copy given
6. Pre-request response notice
Has a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request?
:A0 q Yes
If yes, please attach a copy of the notice.
7. Owner's consent
Is the owner's consent required for this request? q No
Yes- complete either Table A or Table B below
Note If more than one owner of the land all owners' details are required
Table A - owner's consent provided on form
Date
r'htlt f^ L
Owners name's `Jy`^ ^" v
Table A - owner's consent provided on form
I'We the above-mentioned owners of the land, consent
to the making of this regt. Owner's name/s
Signature/s 0 The owner's written consent is attached.
2 of 4 2011/12 Regional Strategy and Planning Request to Change 17xisting Approval ancror Extersicn to Relevant Period F^; 4D'
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3. Nature of request (please tick ALL applicable categories)
EY Tochange the development O Tochange the development O To extend the relevant period
approval conditions before lapsing
Please attach documentation outlining the detail of and the reasons and justification for the requested change or
extension.
4. Location of the premises
Unit No oy StreetNo AD Street Lloestwasd sft
Suburb IS 4 HEAPS State © Postcode «~ sc 1
Plan type & pian no.
5. Concurrance Agencies
Was there one or more concurrence agencies involved in the original aporoval?
0 Yes-provide details below
Note — Under s372 of the Sustainable Planning Act 2009 the person making the request is required to give a copy of this request to all
concurrence agencies
Cerca wae Lita Date copy given
6, Pre-request response notice
Has a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request?
alo 0 Yes
If yes, please attach a copy of the notice.
VPme Tames la
ls the owner's consent required for this request? O No
Yes— complete either Table A or Table B below
Note _ If more than one owner of the land all owners’ details are required
Oe a meek RR olay
Date
Phils Taha Bacod
Rv@et Antiuve “4 oe dad Table A— owner's. consent provided on form
\/We, the above-mentioned owner/s of the land, Consent
to the making of this request. \
Signature/s , Se 1 The owner's written consent is attached.
Owner's name/s
Owner's name/s
of4 2011/12 Regional Strategy and Planning Request to Change Existing Approval ana/or Extension to Relevant Period FM407
Page 5
Council Reference: 01166 (TPC2888)
Our Reference: 01394 L04 NG
martoo
consulting n
27th February 2012
pty ltd
flier
town planners +
Chief Executive Officer
urban designers
Sunshine Coast Regional Council + surveyors
Locked Bag 72 ABN: 62 287 949 725
SUNSHINE COAST MAIL CENTRE 4560
Attention: Planning North - Jack Lewis
Dear Sir/Madam
RE: LODGEMENT OF PERMISSABLE CHANGE TO A DEVELOPMENT APPROVAL
APPLICATION TO CHANGE DEVELOPMENT APPROVAL - 01166(TPC2888) FOR A CHANGE
TO A RETAIL BUSINESS TYPE 2 SHOP AND SALON (SHOP) - ADDITIONAL TENANCY AT
7/62 HASTINGS STREET NOOSA HEADS DESCRIBED AS LOT 7 ON BUP103167
Martoo Consulting has been engaged by Ogilvie Bacon Partnerships, as the applicants for the above
proposal, to submit a permissible change for a development approval to provide for an additional
tenancy for a shop within the approved restaurant at The French Quarter complex, Noosa Heads.
The subject site comprises shop 7 located at 62 Hastings Street, Noosa Heads and is a ground level
tenancy facing Hastings Street. The site is contained in the resort known as The French Quarter and the
subject premises are currently vacant and have been used in the past for a number of different
restaurants. Council has recently granted approval to change the existing Development Permit to
enable the permanent enclosure of the outdoor dining area.
The tenancy has been vacant for considerable time with the owners indicating that the size of the
premises has limited the number of potential tenants who wish to establish a restaurant on site.
This is evidenced by past businesses vacating the premises as well as comments that the location
at the end of Hastings Street and not beachside further restricts the type of business that would be
successful on site.
As a result of the economic downturn and the lack of interest for a large tenancy, the applicant now
seeks approval to divide the bar area of the existing restaurant into a separate tenancy and this to
be let as a shop. The separate tenancy would provide the owner of the site with the flexibility to
lease the restaurant and a smaller shop.
Attachment A provides a plan of the new tenancy/shop.
Sustainable Planning Act
The proposal is not considered to be a Material Change of Use as there is no new use on the site
nor a change to the intensity or scale of the development. The site is currently approved for 6 shop
and a restaurant the new tenancy does not impact on the intensity of approved uses. The proposal
is considered to a permissible change under the Sustainable Planning Act Section 367 of which
defines a permissible change for a development approval as:
(1) A permissible change, for a development approval, is a change to the approval that
would not-
(a) result in a substantially different development; or
SUNSHINE COAST OFFICE Page 1 GYMPIE OFFICE
11199 GYMPIE TERRACE NOOSAVILLE - PO BOX 1684 NOOSA HEADS Q 4567 38 NASH STREET GYMPIE - PO BOX 391 GYMPIE Q 4570
TELEPHONE 07 54555425 - FACSIMILE 07 54555725 TELEPHONE 07 54827440 - FACSIMILE 07 54824952
[email protected] [email protected]
[OCR of page images]
Council Reference: 01166 (TPC2888)
Our Reference: 01394 LO4 NG
27" February 2012 itive 5 consulting =
"hh Counter | ply Itd
town planners +
Chief Executive Officer “Uld urban designers
Sunshine Coast Regional Council ! + surveyors
Locked Bag 72 ~YVat} 7 | ABN: 62 287 949 725
SUNSHINE COAST MAIL CENTRE 4560 |
Attention: Planning North - Jack Lewis
Dear Sir/Madam
RE: LODGEMENT OF PERMISSABLE CHANGE TO A DEVELOPMENT APPROVAL
APPLICATION TO CHANGE DEVELOPMENT APPROVAL - 01166(TPC2888) FOR A CHANGE
TO A RETAIL BUSINESS TYPE 2 SHOP AND SALON (SHOP) — ADDITIONAL TENANCY AT
7/62 HASTINGS STREET NOOSA HEADS DESCRIBED AS LOT 7 ON BUP103167
Martoo Consulting has been engaged by Ogilvie Bacon Partnerships, as the applicants for the above
proposal, to submit a permissible change for a development approval to provide for an additional
tenancy for a shop within the approved restaurant at The French Quarter complex, Noosa Heads.
The subject site comprises shop 7 located at 62 Hastings Street, Noosa Heads and is a ground level
tenancy facing Hastings Street. The site is contained in the resort known as The French Quarter and the
subject premises are currently vacant and have been used in the past for a number of different
restaurants. Council has recently granted approval to change the existing Development Permit to
enable the permanent enclosure of the outdoor dining area.
The tenancy has been vacant for considerable time with the owners indicating that the size of the
premises has limited the number of potential tenants who wish to establish a restaurant on site.
This is evidenced by past businesses vacating the premises as well as comments that the location
at the end of Hastings Street and not beachside further restricts the type of business that would be
successful on site.
As a result of the economic downturn and the lack of interest for a large tenancy, the applicant now
seeks approval to divide the bar area of the existing restaurant into a separate tenancy and this to
be let as a shop. The separate tenancy would provide the owner of the site with the flexibility to
lease the restaurant and a smaller shop.
Attachment A provides a plan of the new tenancy/shop.
Sustainable Planning Act
The proposal is not considered to be a Material Change of Use as there is no new use on the site
nor a change to the intensity or scale of the development. The site is currently approved for 6 shop
and a restaurant the new tenancy does not impact on the intensity of approved uses. The proposal
is considered to a permissible change under the Sustainable Planning Act Section 367 of which
defines a permissible change for a development approval as:
(1) A permissible change, for a development approval, is a change to the approval that
would not—
(a) result in a substantially different development; or
SUNSHINE COAST OFFICE Page 1 GYMPIE OFFICE
1/199 GYMPIE TERRACE NOOSAVILLE - PO BOX 1684 NOOSA HEADS Q 4567 38 NASH STREET GYMPIE - PO BOX 391 GYMPIE Q 4570
TELEPHONE 07 54555425 - FACSIMILE 07 54555725 TELEPHONE 07 54827440 - FACSIMILE 07 54824952
[email protected] [email protected]
Page 6
(b) if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not
require impact assessment-require impact assessment; or
(c) for an approval for assessable development that previously required impact
assessment-be likely, in the responsible entity's opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
or
(d) cause development to which the approval relates to include any prohibited development.
The proposal is considered to comply with the requirements of the Sustainable Planning Act as
detailed below:
(a) result in a substantially different development;
The proposed tenancy and shop is consistent with the existing uses and approval
relevant for the site.
(b) if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not
require impact assessment-require impact assessment; or
No concurrence agencies would be triggered by the proposal as it is internal to the
building and the level of assessment has not altered.
(c) for an approval for assessable development that previously required impact
assessment-be likely, in the responsible entity's opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
It is unlikely that a person would make a submission objecting to the proposed change
as the area is currently approved for commercial use.
(d) cause development to which the approval relates to include any prohibited development.
Not prohibited development.
The proposal is therefore considered to be able to be considered as permissible change.
Noosa Plan
The site is included in the Noosa Heads Locality and the Visitor Mixed Use zone which supports a
range of unit and commercial development. Specific Outcome 46 of the Visitor Mixed Use zone
states:
Specific Outcome Probable Solution
Character and amenity S48.1 The number of non residential tenancies developed on a
048 Hastings Street is predominantly residential in site does not exceed the rate of 1 per 20 accommodation units
nature with non-residential uses limited to the ground or dwelling units; provided that non- Residential Uses with a
floor. use area over 100m2 are calculated as 2 tenancies.
The French Quarter complex has approval for 120 residential units, 6 shops and a restaurant which
currently does not comply with the 1:20 rate. Whilst it is acknowledged that an additional shop
would further exceed this ratio, the proposal is considered to comply with the specific outcome
which states that non residential uses are to be limited to the ground floor. Further the additional
shop tenancy does not reduce the number of residential uses on site nor does it affect the Hastings
Street character as it is an area already approved for commercial uses.
Page 2
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(b) if the application for the approval were remade including the change—
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not
require impact assessment—require impact assessment; or
(c) for an approval for assessable development that previously required impact
assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
or
(d) cause development to which the approval relates to include any prohibited development.
The proposal is considered to comply with the requirements of the Sustainable Planning Act as
detailed below:
(a) result in a substantially different development;
The proposed tenancy and shop is consistent with the existing uses and approval
relevant for the site.
(b) if the application for the approval were remade including the change—
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not
require impact assessment—require impact assessment; or
No concurrence agencies would be triggered by the proposal as it is internal to the
building and the level of assessment has not altered.
(c) for an approval for assessable development that previously required impact
assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
It is unlikely that a person would make a submission objecting to the proposed change
as the area is currently approved for commercial use.
(d) cause development to which the approval relates to include any prohibited development.
Not prohibited development.
The proposal is therefore considered to be able to be considered as permissible change.
Noosa Plan
The site is included in the Noosa Heads Locality and the Visitor Mixed Use zone which supports a
range of unit and commercial development. Specific Outcome 46 of the Visitor Mixed Use zone
states:
Specific Outcome Probable Solution
Character and amenity $48.1 The number of non residential tenancies developed on a
048 Hastings Street is predominantly residential in | site does not exceed the rate of 1 per 20 accommodation units
nature with non-residential uses limited to the ground | or dwelling units; provided that non- Residential Uses with a
floor. use area over 100m2 are calculated as 2 tenancies.
The French Quarter complex has approval for 120 residential units, 6 shops and a restaurant which
currently does not comply with the 1:20 rate. Whilst it is acknowledged that an additional shop
would further exceed this ratio, the proposal is considered to comply with the specific outcome
which states that non residential uses are to be limited to the ground floor. Further the additional
shop tenancy does not reduce the number of residential uses on site nor does it affect the Hastings
Street character as it is an area already approved for commercial uses.
Page 2
Page 7
The intent of the requirement is to ensure that development in Hastings Street has a mix of
accommodation and commercial uses with the accommodation component of development located
on the upper floor levels. It is noted that a number of the Overall Outcomes for the Visitor Mixed
Use zone further support the additional tenancy and state that development:
i comprises small business outlets with individual character;
vi incorporates Entertainment and dining businesses, Retail businesses and Commercial
businesses that are of particular interest to visitors;
vii contributes to the economy of Noosa through the tourism and hospitality sectors;
The additional tenancy is consistent with outcomes and will enable a more flexible commercial
arrangement whilst maintaining the current character and residential amenity of the area.
4. CONCLUSION
The proposal is considered to be a permissible change and is consistent with the provisions of the Noosa
Plan. The applicant seeks Council support for the proposal.
The attached development application includes:
• four (4) copies of the proposal plans prepared by JMA Architects.
• a completed Council form; and
• a cheque for $1625.00 which is understood to be Council's application fee.
The Assessment Manager's favourable consideration of the above development application is therefore
recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.
Yours sincerely
C_c
Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.
Page 3
[OCR of page images]
The intent of the requirement is to ensure that development in Hastings Street has a mix of
accommodation and commercial uses with the accommodation component of development located
on the upper floor levels. It is noted that a number of the Overall Outcomes for the Visitor Mixed
Use zone further support the additional tenancy and state that development:
i comprises small business outlets with individual character;
vi incorporates Entertainment and dining businesses, Retail businesses and Commercial
businesses that are of particular interest to visitors;
vii contributes to the economy of Noosa through the tourism and hospitality sectors;
The additional tenancy is consistent with outcomes and will enable a more flexible commercial
arrangement whilst maintaining the current character and residential amenity of the area.
4. CONCLUSION
The proposal is considered to be a permissible change and is consistent with the provisions of the Noosa
Plan. The applicant seeks Council support for the proposal.
The attached development application includes:
° four (4) copies of the proposal plans prepared by JMA Architects.
* acompleted Council form; and
° acheque for $1625.00 which is understood to be Council's application fee.
The Assessment Manager's favourable consideration of the above development application is therefore
recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.
Yours sincerely
ae ae Ws
Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.
Page 8
Attachments Attachment 1 — Proposal Plans
Page 9
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EXPRESSED STEEL FRAME.
DENOTES EXISTING PANDANUS
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OF ROOF EXTENSION AS PER
PHOTO ENCLOSED
HATCHING DENOTES
INTERNAL LETTABLE AREA
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NOTE:
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WITH EXISTING VEGETATION
HATCHING DENOTES
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f EXTERNAL LETTABLE AREA
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NEW SHADE SAIL OVER
NEW COLUMN
1069 - SK DESIGN PROPOSED MODIFICATIONS PROPOSED
FRENCH QUARTER - RESTAURANT REFURBISHMENT HASTING STREET, NOOSA DRAWING NO. 00 -02.2
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[OCR of page images]
EXISTING ROCK
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TENANCY 7B
DENOTES EXISTING PANDANUS
TREES WITH CANOPIES CLEAR / F
OF ROOF EXTENSION AS PER 5
PHOTO ENCLOSED ze -
EXISTING SPOON DRAIN ee
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NOTE: \ BAe Se
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HATCHING DENOTES
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1069 - SK DESIGN
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PROPOSED MODIFICATIONS PROPOSED
FRENCH QUARTER - RESTAURANT REFURBISHMENT WASTER SENET. ROOR
DRAWING NO. DD-02.2
Copyright © This drawing remains property of
JMA ARCHITECTS QLD PTY LTO,
Repreduction in whe's er part is forbidden,
2510012