Minor Change Council Report 51987.44.02

51987.44.02 – minor 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

Document information

Author	Development Planner, Tara Norley
Environment and Sustainable Development

Index	ECM / Application / 51987.44.02

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Application No.	51987.44.02
Development Approval	Development Approval for Entertainment and Dining Business - Type 1 Food & Beverages and Retail Business - Type 2 Shop & Salon
Applicant	Dennis Lock & Felicia Brown
Request Received On	29 January 2021

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
Zone	Tourist Accommodation
Precinct	Not applicable
Local Plan Area	Not applicable
Overlays	Acid Sulfate Soils (Area 2 – 5m AHD or below) Flood Hazard
Assessment Type	Minor Change to Development Approval

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 9 March 2021 regarding Application No. 51987.44.02 to make a minor change to an existing approval for Entertainment and Dining Business - Type 1 Food & Beverages and Retail Business - Type 2 Shop & Salon situated at 6 Thomas Street, Noosaville and:
Approve the change in part.
Amend conditions 13 and 24 to read as follows:
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, prepared by and+design	June 2020
15.0319.1.4A	A	New First Floor Plan, prepared by and+design	June 2020
15.0319.3.1A	A	Sections, prepared by and+design	June 2020
15.0319.4.1A	A	Elevations, prepared by and+design	June 2020
The building must be well articulated, with strong vertical design feature elements. The awning located within the road reserve must include lightweight timber features. The building must include subtle changes in colours, textures and materials to break up the building facades, with the exception of the northern elevation which may include a mural design. Any changes to the existing mural design and/or colour palette will require written authorisation from Council.
Delete conditions 14 and 15.
Refuse to change condition 16 for the following reasons:
The subject site is within the Tourist Accommodation zone, a residential zone, and adjoins the High Density Residential zone. Therefore, any development should be operating within what is considered ‘reasonable hours’ to ensure any amenity impacts of the development are appropriate and what would be expected within proximity to a residential zone. A 6:00am opening time is not considered appropriate or to be expected within a residential area;
The existing condition is in accordance with the hours of operation provisions under Noosa Plan 2006, under which the previous application was approved;
The existing condition provides longer hours of operation than provisions under Noosa Plan 2020; and
It is considered the earlier operating hours would result in early morning noise nuisances to the adjoining multiple dwelling units to the east.
Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval to change an existing development approval for Entertainment and Dining Business - Type 1 Food & Beverages and Retail Business - Type 2 Shop & Salon. The applicant proposes to change five conditions:
Condition 13 – update the list of approved plans to reflect the building, as constructed;
Conditions 14 and 15 – delete specific use area and gross floor area maximums for each of the approved uses;
Condition 16 – change the approved hours of operation; and
Condition 24 – change the condition to reflect external building work, as constructed.
background
A development approval for an Other Change to a Development Approval for Entertainment and Dining Business - Type 1 Food & Beverages and Retail Business - Type 2 Shop & Salon was approved on 16 January 2020. The Other Change included:
a change to the originally approved ‘retail shop’ use to restaurant and shop;
a 29m2 extension to the building, which had been an existing unapproved structure; and
conversion of the existing 27m2 single car garage to use area for a restaurant.
An inspection by a Compliance Officer was carried out in December 2020, which showed the development not complying with a number of conditions of approval. A Show Cause Notice was subsequently issued listing the following non-compliance matters:

The subject Minor Change application was lodged on 29 January 2021 to address a number of the non-compliances with the existing approval.
It is noted the applicant has advised that the additional non-compliances listed above are not being addressed through this change application (screening of the cold room and line marking car parking) as they have now been complied with.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan 2020.
The following codes from the Noosa Plan are applicable to this development:
Tourist Accommodation Zone Code;
Noosaville Local Plan Code;
Business Activities Code; and
Works Codes.
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the proposal does not involve a new use or dramatically change the built form in terms of scale, bulk and appearance;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
Condition 13 – 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
Applicant’s Request

Assessment of Request
The updated proposal plans provided with the Minor Change application reflect the building, as constructed. It is noted that changes to the internal floor layout results in a change to the conditioned use areas and gross floor area of each approved use.  This is discussed below in Conditions 14 and 15.
The change in internal configuration of tenancies and changes to the external built form are considered relatively minor and are therefore acceptable. It is recommended Condition 13 be amended to read as per the request from the applicant.

Conditions 14 and 15 – Approved use areas
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.
Applicant’s Request
It is sought that both conditions 14 & 15 be deleted.
Assessment of Request
Under Noosa Plan 2006, the subject site was zoned Visitor Mixed Use, which identified Entertainment and Dining Business - Type 1 Food & Beverages (now defined as Food and drink outlet under Noosa Plan 2020) as a consistent use, whilst the Retail Business - Type 2 Shop & Salon use (now defined as a Shop under Noosa Plan 2020) was an inconsistent use within the zone. The use area and gross floor areas of each use were therefore conditioned to ensure the inconsistent use was limited to the specific use areas applied for under the Other Change application.
Under Noosa Plan 2020, both uses are considered consistent uses within the Tourist Accommodation zone, and as such the requirement to limit the ‘retail shop’ aspect of the approval is no longer required. Additionally, the proposed internal configuration changes does not trigger any additional car parking to be provided onsite. Therefore, it is recommended Conditions 14 and 15 be deleted.

Condition 16 – Hours of operation
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.
Applicant’s Request
Amend Condition 16 to read as follows:
The approved uses must not operate outside the hours of 76:00am 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.
Assessment of Request
Operating hours were conditioned as per Noosa Plan 2006 Probable Solution S58.2 of the Visitor Mixed Use Zone code, which stated:
Business Uses operate only between 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.
Noosa Plan 2020 reflects this requirement under the Business Activities Code, with Acceptable Outcome AO11.1 stating:
The use or activity does not operate outside the hours of 7:00am to 9:00pm, seven days a week, where the site directly adjoins land in the following zones:
All residential zones, except for the Tourist accommodation zone
Major centre zone – High density residential precinct; or
Rural residential zone.
The subject site adjoins High Density Residential zoned land to the rear (refer to Figure 1).

Figure 1: Adjoining High Density Residential zoned land
The proposal to change the operating hours to ‘6am to 10pm, 7 days a week, except Friday and Saturday, where Entertainment and Dining Business Uses may operate until 12 midnight’ does not comply with Acceptable Outcome AO11.1. Corresponding Performance Outcome PO11 of the Business Activities Code states:
Business activities are operated in a manner that avoids or minimises evening, early morning or weekend noise nuisances to sensitive land uses, particularly surrounding residential uses.
It is considered the earlier operating hours would result in early morning noise nuisances to the adjoining multiple dwelling units to the east.  It is noted that Council has received a noise compliant regarding one of the existing tenants at the property operating outside of the conditioned operating hours citing amenity concerns about early start times. Additionally, the existing condition allows for all businesses within the building to operate until 10pm, and Entertainment and Dining businesses (now defined as Food and Drink outlet under Noosa Plan 2020) to midnight on Fridays and Saturdays, which is in excess of the Noosa Plan 2020 provisions which requires a 9pm close time, seven days per week, for all uses.
In addition, Council’s Strategic Planning team have also provided the following comment:
The subject site is located in the Tourist Accommodation Zone in Noosaville. Although properties fronting Thomas St and Gympie Tce in the immediate locality are mostly commercial premises, the area generally is surrounded by residential development, with the site immediately adjoining the High Density Residential Zone. The Tourist accommodation zone is considered a Residential Zone, and therefore any development should be operating within what is considered reasonable hours to ensure any amenity impacts for the operation are appropriate and what can be expected in the zone. The operating hours within the planning scheme are considered to reflect this. A business operating at 5.30am which adjoins a residential development is not considered appropriate and likely to negatively impact on the purpose and expectations of residents in this zone.
As such, it is recommended Condition 16 remain unchanged.

Condition 24 – building design
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.
Applicant’s Request

Assessment of Request
The original Other Change application included images of a proposed mural located along the northern façade of the building. The mural design was not considered appropriate for the location of the site, whilst the proposed extension to the existing awning was not considered lightweight or consistent with the Noosa design principles. The purpose of Condition 24 was to ensure that alterations to the building resulted in a high quality streetscape consistent with the outcomes sought for the area. The building has subsequently been renovated, with a mural painted along the northern elevation (refer to Figure 2) and the existing awning being altered and extended along the western elevation (refer to Figure 3).

Figure 2: Mural painted on northern elevation of 6 Thomas Street
Although the mural is not considered to have ‘subtle changes in colours’, it is considered to ‘incorporate design elements to add visual interest and amenity’, consistent with the Tourist Accommodation Zone Code requirements under Noosa Plan 2020, and improves the laneway entry to the site for both vehicles and pedestrians. As such, the mural is considered acceptable.

Figure 3: Updated awning along western elevation of 6 Thomas Street
Although the awning has not been reduced in height, as per Condition 24, the use of the lightweight wooden battening on the awning is considered to ‘incorporate design elements to add visual interest and amenity’ and provides ‘subtle changes in colours, textures and materials to break up the building facades and complement the natural environment’, consistent with the Tourist Accommodation Zone Code requirements under Noosa Plan 2020. As such, the alteration to the awning is considered an acceptable built form outcome.
It is recommended Condition 24 be amended to read as follows:
The building must be well articulated, with strong vertical design feature elements. The awning located within the road reserve must include lightweight timber features. The building must include subtle changes in colours, textures and materials to break up the building facades, with the exception of the northern elevation which may include a mural design. Any changes to the existing mural design and/or colour palette will require written authorisation from Council.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council specialists:
Strategic Planning
conclusion & reasons for decision
The proposal seeks a Minor Change to a development approval for a shop and restaurant at 6 Thomas Street, Noosaville.
The changes to the internal layout to the approved  plans and deletion of the specific use area and gross floor area requirements under Conditions 14 and 15 is supported due to both approved uses being consistent in the Tourist Accommodation zone under Noosa Plan 2020.
The opening hours of operation currently conditioned are consistent with requirements of both Noosa Plan 2006 and Noosa Plan 2020, and therefore it is recommended Condition 16 remain unchanged.
The renovation of the building has been completed, including alterations to the front awning and a mural located on the northern elevation. These design elements are considered consistent with Noosa Plan 2020 requirements, and as such a change to Condition 24 to reflect approval of these changes is recommended.
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
		X	Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	9 march 2021

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The constructed internal tenancy arrangement is not generally in accordance with the
internal tenancy layout shown on the approved plans as it will likely result in the total gross
floor area for Retail Business — Type 2 Shop & Salon being exceeded.

The florist/café is operating outside the approved hours commencing at 5:30am
Wednesday to Sunday.

The cold room at the rear has not been fully enclosed or screened and is visible to
adjoining properties.

The awning within the road reserve is not a lightweight structure and the parapet has not
been reduced in height to the reasonable satisfaction of the Manager Development
Assessment to comply with the Noosaville Locality Code.

A mural has been painted on the side wall and is not subtle in colour.

Car parking at the rear has not been line marked and has not been certified as per
condition 34.


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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

1.3 A New Ground Floor Plan, prepared | March 2020
by Andrew McKellar

1.4 A New First Floor Plan, prepared by March 2020

Andrew McKellar
4] A Elevations March 2020


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It is requested that condition be amended as follows:

24.

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
include lightweight timber features as shown on the approved
plans. i i