Minor Change Council Report 51988.2849.03

51988.2849.03 – minor change to a development approval for a Multiple Dwelling of 20 units, 8 Shops and 2 Restaurants – 49 hastings street, noosa heads

Document information

Author	Development Planner, Tara Norley
Environment and Sustainable Development Department

Index	ECM / Application / 51988.2849.03

Attachments	1.	Proposal Plans
2.	Infrastructure Agreement

APPLICATION DETAILS
Application No.	51988.2849.03
Development Approval	Multiple Dwelling of 20 units, 8 Shops and 2 Restaurants
Applicant	Lorri Banks Care/- Adamson Town Planning
Request Received On	1 May 2018

PROPERTY DETAILS
Property Address	Noosa On The Beach 49 Hastings Street, Noosa Heads
RP Description	BUP8884 and Lot 1 on BUP8884
Land Area	2,024m2
Existing Use of Land	Mixed use, including entertainment and dining on the ground floor and residential / visitor accommodation on the upper levels.

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Visitor Mixed Use
Overlays	Acid Sulfate Soils
Assessment Type	Minor Change to Development Approval

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 8 September 2020 regarding Application No. 51988.2849.03 to make a minor change to an existing approval for Multiple Dwelling of 20 units, 8 Shops and 2 Restaurants situated at Noosa On The Beach, 49 Hastings Street Noosa Heads and:
Approve the change.
Include the following additional conditions:
Additional conditions – 8 September 2020
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans. The approved plans are listed in the following table and may be amended by these conditions and annotations on the plans.
Plan No.	Rev	Plan Name – Prepared by	Date
A002	Q	Existing Façade, prepared by Kings Lane Architects	05/02/2020
A100	Q	Proposed Refurbishment, prepared by Kings Lane Architects As annotated by Council	05/02/2020
A101	Q	Proposed GR FLR Refurbishment, prepared by Kings Lane Architects As annotated by Council	05/02/2020
A104	Q	Proposed Areas, prepared by Kings Lane Architects	05/02/2020
A300	Q	Proposed Section, prepared by Kings Lane Architects	12/02/2020
A310	Q	Proposed Elevations, prepared by Kings Lane Architects	05/02/2020
A800	Q	Proposed Perspective 01, prepared by Kings Lane Architects	05/02/2020
A801	Q	Proposed Perspective 02, prepared by Kings Lane Architects	05/02/2020
LD 01 Sheet 1 of 4	C	Landscape Design, prepared by Environmental Landscape Planning	3 February 2020
LD 02 Sheet 2 of 4	C	Landscape Design, prepared by Environmental Landscape Planning	3 February 2020
LD 03 Sheet 3 of 4	C	Landscape Design, prepared by Environmental Landscape Planning	3 February 2020
LD 04 Sheet 4 of 4	C	Landscape Design, prepared by Environmental Landscape Planning	3 February 2020
Nature and Extent of Approved Use
The area to be used for outdoor dining is limited to 14.1m2 of use area.
No works or storage of materials is to occur within The Parade, unless authorised by a further permit.
Landscaping
The development site must be landscaped in accordance with the Approved Plans.
The existing Pandanus trees located within the raised garden beds must be retained in accordance with the Approved Plans. A Qualified Person* must be engaged for the duration of the works to:
Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites.
Provide Council with certification and photographic report on supervising construction works within the tree protection zone of the retained Pandanus trees, following the completion of the approved works.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
No signage is to be located within the landscaped areas.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Where damage occurs to any Council asset as a result of the landscaping works, the damage must be repaired immediately where it creates a hazard that presents risk to person or property. Non-hazardous damage must be repaired prior to completion of works.
Car Parking
The applicant must 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 one car parking space must be provided and marked on the site and made available and accessible at all times while the use is open for business.
Include the following new Advisory Note:
Qualified Person
A Qualified Person, for the purpose of:
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Agree to enter into an Infrastructure Agreement with the applicant that provides for contributions in lieu of one onsite car parking space.
Find the following matters relevant to the assessment and sufficient reason to approve the application:
The proposal complies with the Overall Outcomes of the Noosa Heads Locality Code as the development will provide for entertainment and dining premises, providing interest for visitors and residents accommodated in the immediate area, whilst outdoor dining facilitates a vibrant pedestrian friendly streetscape;
The development is consistent with the bulk and scale of buildings within proximity to the subject site, presenting an improved, high quality built form and landscaping along The Parade, and providing a direct link to Main Beach.
Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Note the application was lodged under the Noosa Plan 2006, which was superseded by the Noosa Plan 2020, which commenced on 31 July 2020. All references to the ‘Noosa Plan’ or ‘the planning scheme’ within the assessment report is in reference to the now superseded Noosa Plan 2006.

REPORT
PROPOSAL
The application seeks to change the development approval for the site in respect to the Bistro C tenancy and an area of common property. The applicant seeks approval specifically to:
Replace / refurbish the existing enclosed dining area structure that orientates towards Main Beach (refer to Figures 3 to 7), including:
removal and replacement of the existing structure;
replacement of windows with slimline glass retractable doors at ground level and awning windows above doors; and
feature batten shading screening fitted to the façade above the retractable doors.
In relation to these proposed changes, it is noted that:
no change to the existing approved gross floor area is proposed; and
the minor change application is seeking a retrospective approval for the enclosure of the area, which was originally approved as an open terrace/dining area, with no subsequent approval being issued to enclose the area.
Expand / refurbish the existing entry area from The Parade, totalling 14.1m2 of additional use area to be utilised as an outdoor dining area (refer to Figures 8 to 9).
In relation to this proposed change, it is noted that the existing entry area is currently being utilised as use area (ie outdoor dining) without Council approval, and therefore this minor change application is seeking a retrospective approval for this area to be formalised as use area for outdoor dining.
Modify the existing landscaped area (refer to Figure10), including:
excavating a 500mm gap between the existing garden beds and the enclosed dining area to allow for retractable doors to be located along the rear elevation of the dining area;
replacement of the existing retaining walls within the subject site, with no proposed change to the height (it is noted the retaining walls external to the site will remain as is);
removal of existing faux grass;
retention of the two Pandanus trees and provision of two additional trees and other low set planting within the existing garden beds.
The application is before Council due to the requirement for an Infrastructure Agreement to be entered into to facilitate the payment of a contribution in lieu of a shortfall of one onsite car parking space.
.
Figure 1: Locality

Figure 2: Subject Site

Figures 3 - 5: Area subject to replacement / refurbishment of the existing enclosed dining area structure
(source: Google images)

Figures 6 - 7: Proposed replacement / refurbishment of the existing enclosed dining area structure

Figures 8 - 9: Expansion / refurbishment of the existing entry area from The Parade
(14.1m2 additional use area for outdoor dining)

Figure 10: Modification to the existing landscaped area
background
In June 1987 development approval TPC1900 was issued for a multiple dwelling of 12 x 2 bedroom units (capable of being let as a multiple dwelling of 12 x 1 bedroom and 8 x 2 bedroom accommodation units), 8 shops and a restaurant.
In November 1987 a Building application was lodged which included the provision of 20 self-contained units and 11 shops. Advice was provided to the applicant at the time that assessment of the building application could not proceed as the proposal plans did not accord with development approval TPC1900. Amended building plans were submitted in February 1988 along with an amended Town Planning application (TPC2021).
On 15 March 1988 development approval TPC2021 was issued for a Multiple Dwelling of 20 units, 8 Shops and 2 Restaurants. The original approval included:
For Lot 1 on BUP8884, a total use area of approximately 334m2, of which approximately 237m2 is internal to the building;
an area of approximately 97m² as open terrace/outdoor dining, external to the building; and
a landscaped area between the open terrace/outdoor dining and the northern property boundary.
On 3 April 1996 a Building Permit was granted to create a new access to the premises directly from the Main Beach boardwalk. The new access area was not approved for outdoor dining purposes.
On 18 December 2000 a Building Permit was granted for landscape works between the open terrace/outdoor dining area and property boundary.  The subject area currently includes artificial turf and pre-existing trees only, contrary to the approved plan. Modifications to this area are proposed through this current minor change application.
On 17 October 2013, Council issued an Outdoor Dining Permit as a ‘trading area approved for 9m² of Footpath Dining Area’ for an area located external to the property, between the property boundary and the Main Beach boardwalk.  An Outdoor Dining Permit for an area of 8.708m² remains current.  This area is not subject to and/or impacted by the proposed changes.
On 11 June 2020 a minor change was approved for an upgrade to an existing pool deck area within the 10 metre boundary setback. The approval included an approximately 31m2 pergola extending from the face of the existing building, an increase in the height of a wall to the east of the eastern side of the existing stairwell, relocation of the spa and cosmetic improvements to the face of existing walls within the pool deck area. The area subject to this approval is located in the north western corner of the lot and is not associated with this current minor change application.
It is noted that unapproved works have been carried out on the subject site. This minor change application requests to modify and retrospectively approve these currently unapproved works, including enclosing the open terrace/dining area as currently exists (referred to as the ‘enclosed dining area’ in this report), and the deck area located within the Main Beach entry area, which is currently being used for outdoor dining (referred to as ‘outdoor dining area’ in this report).
assessment
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 proposed changes do not alter what the uses allowed under the original approval, whilst the built form changes are minor in terms of the overall scale and bulk of the existing development;
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 matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
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.
Planning Scheme
Setbacks
Probable Solution S8.1 of the Noosa Heads Locality Code requires a 10m setback from the front boundary to The Parade (beach), however does not specify side setbacks for this location. The proposal includes a 2.63m setback to the enclosed dining area.
Specific Outcome O8 of the Noosa Heads Locality Code requires that:
Buildings and other structures are appropriately designed and sited to—
provide amenity for users of the premises as well as preserve the visual and acoustic amenity of adjoining and nearby properties;
provide adequate distance from adjoining land uses
preserve any existing vegetation that will buffer the proposed building;
allow for landscaping to be provided between buildings;
maintain the visual continuity and pattern of buildings and landscape elements within the street;
protect public safety and property within erosion prone areas by ensuring such areas are maintained largely free of development; and
help protect the natural character and visual amenity of coastal areas and watercourses
Whilst the proposal does not meet the minimum boundary setback under Probable Solution S8.1, the development complies with Specific Outcome O8 as it improves the amenity of users of the dining area without detrimentally impacting on the visual and acoustic amenity of adjoining and nearby premises. In addition, the proposal preserves the existing Pandanus whilst providing additional and improved landscaping both within the subject site and on Council reserve. It is also noted that numerous developments adjoining The Parade have structures within the 10 metre setback, with several having structures adjacent to the boundary. In this instance, the modifications will maintain the existing (previously unapproved) setback, and the pattern of buildings and landscape elements within the location.
The proposal will incorporate an attractive and contemporary design, revitalising the dated façade addressing The Parade and Main Beach, whilst the modification to the landscaping will provide a more natural and visually appealing outcome than the current landscaping, and as such, the reduced setback is recommended to be supported.
Site Cover
At the time TPC2021 was made, the Town Plan permitted site cover of 37.5%, whilst the Development Control Plan Scheme specific to the locality at the time had no specific limit for site cover. There is no comment within the previous Planning Officer’s report relating to the site cover associated with TPC2021, however a review of the approved plans identifies site cover to be approximately 64.5%
Under the Noosa Plan Noosa Heads Locality Code, Specific Outcome O10 states that site cover for the Visitor Mixed Use Zone does not exceed 45%. The minor change proposal would result in an increase in site cover from approximately 64.5% to a total of approximately 67%, with the formalisation of the enclosed dining area increasing site cover by approximately 2.5%. The proposed 14.1m2 outdoor dining area is unenclosed and unroofed, and as such, does not contribute to site cover. The proposed total site cover exceeds the allowable site cover under the provisions of The Noosa Plan.
Whilst the proposal exceeds the site cover provision of Specific Outcome 10, the proposed development meets Specific Outcome O9, which states:
The site cover, gross floor area and plot ratio of buildings and other roofed structures –
results in a building scale that is compatible with surrounding development;
does not present an appearance of excessive bulk to adjacent properties, roads or other areas in the vicinity of the site;
maximises the retention of existing vegetation and allows for soft landscaping between buildings;
allows for adequate area at ground level for outdoor recreation, entertainment, clothes drying and other site facilities; and
facilitates onsite stormwater management and vehicular access.
The proposed changes to the development are minor in nature and result in a building scale that is compatible with surrounding development and do not present an appearance of bulk to adjacent properties, or the beach. As the existing unapproved structure will be modified 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 Parade frontage. The renovation of the northern façade of the Noosa on the Beach development will result in greater activation and visual interest for pedestrians along The Parade, due to outdoor dining being located along the frontage. In addition, the proposal maintains and enhances the existing area of landscaping, preserving the two Pandanus on site, whilst providing additional and improved landscaping both within the subject site and on Council reserve. Therefore, the proposed site cover is acceptable and compatible in the context of the subject site and historical development within the surrounding locality.
Carparking
The original approval for a Multiple Dwelling of 20 units, 8 Shops and 2 Restaurants required 43 carparks to be provided onsite. The approval conditioned a minimum of 31 carparks to be provided onsite, and payment of $96,000 to Council in lieu of twelve onsite carparks.
Carparking requirements for Entertainment and Dining Business - Type 1 Food & Beverages under The Noosa Plan 2006 and Food and Drink Outlet under Noosa Plan 2020 are both calculated based on use area, which excludes kitchen and food storage areas. In terms of carparking calculations, the proposed change triggers additional carparking for the 14.1m2 increase in use area for the outdoor dining area only (refer to Figure 11), as the enclosed dining area use area was approved under the original TPC2021 and therefore does not trigger for additional carparking and does not increase the likely demand for car parking on site.
Carparking requirements are as follows:
Noosa Plan 2006
Entertainment and Dining Business - Type 1 Food & Beverages at 1 space per 10m2 of use area = 1.41 spaces
Noosa Plan 2020
Food and Drink Outlet at 1 space per 20m2 of use area = 0.70 spaces

Figure 11: Area constituting additional use area
It is acknowledged that due to existing development onsite, the subject site is significantly constrained in terms of limited remaining vacant site area. 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. The additional use area for Entertainment and Dining Business - Type 1 Food & Beverages generates the requirement for an additional 1.41 car spaces, and given site constraints , 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 one carparking space, at a rate of $24,000 per space (subject to indexation), as per the Contributions in Lieu of the Provision of Onsite Car Parking Council policy.
NOOSA PLAN 2020
The Noosa Plan 2020, which commenced on 31 July 2020, zones the subject site as Tourist Accommodation. This zone reflects the intent of the Visitor Mixed Use zone under the Noosa Plan 2006. The new scheme provisions for site cover accord with the Noosa Plan 2006. It is considered that no changes to the assessment or recommendation would result under the Noosa Plan 2020.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council specialists:
Ecologist, Development Assessment
conclusion & reasons for decision
The proposed development seeks a minor change to a Development Permit for Multiple Dwelling of 20 units, 8 Shops and 2 Restaurants situated at Noosa on the Beach, 49 Hastings Street, Noosa Heads. The proposed alterations are to an existing restaurant (Bistro C), which is a consistent use within the Visitor Mixed Use zone.
Despite not complying with Specific Outcome O9 in respect to maximum site cover under The Noosa Plan Noosa Heads Locality Code, the proposal complies with Specific Outcome O10 of the Locality Code. The development provides for additional use area for an entertainment and dining business 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 The Parade. The proposal will replace an existing unapproved structure with an attractive and contemporary design, revitalising the dated façade addressing The Parade and Main Beach, and presenting a high quality and interesting streetscape via an improvement in the existing built form of the building, whilst the changes to landscaping will provide a more natural and visually appealing outcome. 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 recommended 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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[word/footnotes.xml]
Gross floor area (or GFA) means the total floor area of a building measured from the outside of the external walls, plus for roofed unenclosed areas, any portion of floor area beyond a distance of 3 metres from the external wall. It does not include: 
the area of spaces used for the parking or manoeuvring of motor vehicles; 
the area of lift shafts; 
the area of stairwells on any level other than the ground floor; or 
floor areas located in a basement
 Use area means the sum of the area of the premises (exclusive of all walls and columns), including all storeys, used or intended for use for a particular purpose. The term excludes— 
the areas (inclusive of all walls and columns) of any lift rooms, motor rooms, air conditioning or other mechanical or electrical plant or equipment rooms located at any topmost storey; 
the areas of any staircases or liftwells; 
the areas of any common foyer or arcade; 
the areas of any public toilets; and 
the areas used for the access, parking and associated manoeuvring of motor vehicles.

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	8 september 2020