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Supporting letter to SCRC · 51997.2256.01

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Our Reference: 01419 L02 NG




   th
17 July 2013




Chief Executive Officer
Sunshine Coast Regional Council
Locked Bag 72
SUNSHINE COAST MAIL CENTRE 4560



Attention: Planning North


Dear Sir/Madam


RE:   LODGEMENT OF PERMISSABLE CHANGE TO A DEVELOPMENT APPROVAL_______
APPLICATION TO CHANGE DEVELOPMENT APPROVAL 11852 TC FOR A MULTIPLE
DWELLING 26 UNITS, SHOP AND COMMERCIAL SERVICES (BANK) TO A MULTIPLE
DWELLING 26 UNITS AND 2 SHOPS AT 40 HASTINGS STREET, NOOSA HEADS DESCRIBED
AS LOT 1 ON SP108891


Martoo Consulting has been engaged by Ogilvie Bacon Partnership as the applicant for the above
proposal, to submit a permissible change for a development approval to enable conversion of an
existing commercial service (previously utilised by the Westpac Bank) to a shop at 40 Hastings
Street, Noosa Heads.

                                                                           The site comprises Lot 2 on SP108891 which
                                                                           is a separate lot contained at the front of the
                                                                           the development known as Bella Casa Resort.
                                                                           The site and land to the rear is approved for
                                                                           26 units, a shop and bank under Council
                                                                           approval 11852 TC.

                                                                           The Bella Casa Resort comprises 26 units that
                                                                           extend down the site to the Noosa Parade
                                                                           frontage with two commercial tenancies
                                                                           located to the Hastings Street northern
                                                                           frontage. The approved shop tenancy is
                                                                           currently occupied by a clothing shop known
                                                                           as Moko, whilst the Westpac Bank untill
                                                                           recently occupyied the commercial service
                                                                           tenancy. The subject site is currently vacant.




                                                                  Page 1
SUNSHINE COAST OFFICE                                                         GYMPIE OFFICE
13/6 Bottlebrush Avenue, NOOSA HEADS    PO BOX 1684 NOOSA HEADS Q 4567        38 NASH STREET, GYMPIE         PO BOX 391 GYMPIE Q 4570
TELEPHONE (07) 5447 2550               FACSIMILE (07) 5455 3322               TELEPHONE (07) 5482 7440    FACSIMILE (07) 5482 4952
[email protected]              A.B.N. 62 287 949 725                  [email protected]
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Page 2

The applicant seeks approval to convert the approved Commercial services tenancy previously
occupied by the Westpac Bank to that of a shop which is defined under the Noosa Plan as a Type 2
Shop and Salon. Annexure A provides plans of the proposed works prepared by Thompsett
Architecture.

The proposed conversion of the bank premises to a shop includes the following works:

        •    Squaring of shop front to Hastings Street frontage;
        •    New glass shop front to Hastings Street
        •    Replacement of existing timber column on footpath with new steel column;
        •    Removal of one existing timber column on footpath;
        •    Two new columns along façade of building and new beam to support roof structure;
        •    New suspended ceiling under roof; and
        •    Maintenance of existing roof.

In support of the proposal the following is noted:

        •   The ‘squaring’ of the shop front is consistent with development within the street;
        •   The existing curved frontage is difficult to utilise and is not appealing to retailers;
        •   The new glass frontage provides the opportunity for a more ‘active’ frontage and
            streetscape;
        •   Façade of tenancy will be setback minimum of 3.5 metres from Hastings Street
            boundary; and
        •   Use of tenancy for a shop is consistent with the character and desired intent for
            Hastings Street.



Sustainable Planning Act
Section 367 of the Sustainable Planning Act 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, because of the change—
        (a) result in a substantially different development; or
        (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 proposed change is considered to comply with the requirements of the Sustainable Planning
Act as detailed below:

        (a) result in a substantially different development;

            The proposed change does not result in a substantially different development as minimal
            external works are proposed. The changes to the shop front area open the development
            to the street by setting the building line further back and provide the opportunity for a
            more active and interesting shop front to Hastings Street. The change in use to retail is
            also does not create a substantially difference development as the use is consistent with
            existing commercial uses on the site and complement the unit development to the rear
            as well as being consistent with the desired character of the Hastings Street area and
            surrounding premises.



                                                Page 2

Page 3

        (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 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 a commercial use (that of a bank),
             pedestrian/public access will be improved by the increased setback of the building and
             that carparking will not be affected.

             It is noted that the existing façade of the building curves across the site and presents
             an open area to the adjoining tenancy. The proposed works and alteration to the
             façade do not result in any additional floor area and increase the setbacks to Hastings
             Street, therefore it is unlikely that a submission would be made to the proposal.

        (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 which provides a Visitor Mixed Use zoning over the
property. The proposal has been reviewed against the provisions of the Noosa Plan and is
considered to generally fulfill the provisions of the planning scheme.

The proposal does not increase site cover, gross floor area or affect landscaped open space. No
carparking is applicable to the changes application as the area as no new area if proposed



CONCLUSION
The conversion of the existing commercial services to a shop is a use that is consistent with the character
of the Hastings precinct. The proposed use and alterations will present a more usable tenancy for the site
that is consistent with the surrounding area. The proposal complies with scheme requirements and
provides the opportunity for a more interesting and active street front and pedestrian area. The applicant
seeks Council support for the proposal.

The attached development application includes:

               Proposal plans prepared by Thompsett Architecture numbered D01B, E01A, E02A,
               3D elevations 1 to 5 and site plan.
               A completed Sunshine Coast Council Request to Change Existing Approval and/or
               Extension of Relevant Period form; and
               A cheque for $2303.00 which is understood to be Council’s application fee will be
               submitted separately.

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.

                                                 Page 3

Page 4

Yours sincerely




Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.




                              Page 4


[OCR of page images]
Yours sincerely

Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.

Page 4

Page 5

                                                                        Attachments
___________________________________________________________________________________

Attachment 1 – Proposal Plans




                                      Page 5

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