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RFI - Updated planning report Noosa Marina v.3 Nov 20
Development Application
Planning Report
MCU for Shop
(New tenancy within existing building and
enclose existing outdoor dining areas)
Situated at ‘Noosa Marina’
2 Parkyn Ct, Tewantin (388 & 400 MCH839039)
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Contents
1.0 Summary ...........................................................................................................................3
1.1 Development application details.............................................................................................. 3
1.2 Planning instrument details ..................................................................................................... 3
1.3 Referral agencies ..................................................................................................................... 3
1.4 Background Approvals ............................................................................................................. 3
2 Site details ............................................................................................................................4
2.1 Site description ....................................................................................................................... 4
3 Proposed development details ............................................................................................. 5
4 Planning assessment.............................................................................................................7
4.1 Key issues ............................................................................................................................... 7
4.1.1 Existing Approval ............................................................................................................................. 7
4.1.2 The Noosa Plan ................................................................................................................................ 7
5.0 State assessment and other matters ................................................................................. 9
5.1 State interests ......................................................................................................................... 9
5.1.1 Matters established in the Planning Regulation .............................................................................. 9
5.1.2 State Planning Policy ....................................................................................................................... 9
6.0 Conclusion ........................................................................................................................9
Client Name: Quadrant Holdings Pty Ltd
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version: 3
Date: 12 November 2020
This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken because of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: MCU for Shop (New tenancy within existing building and
enclose existing outdoor dining areas)
Type of approval sought: Development Permit for Material Change of Use
Site address: 2 Parkyn Ct, Tewantin
Real property description: 388 & 400 MCH839039
Site area: 1.386ha
Assessment manager: Noosa Council
Owner details: Quadrant Holdings Pty Ltd
Applicant details: Quadrant Holdings Pty Ltd c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: Nil
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May
Designation: 2014), urban footprint designation.
Planning scheme: The Noosa Plan 2020
Zone: Recreation and Open Space
Level of assessment: Code
Applicable overlays: Flood Hazard Overlay
Applicable codes: Recreation and Open Space Zone Code
Tewantin Local Plan Code
Flood Hazard Overlay Code
Business Activities Code
Works Codes
1.3 Referral agencies
Nil
1.4 Background Approvals
In 1991, the site was developed under a special Development Lease.
On the 28 September 2006, Council issued an approval for a change to the existing approval for a
new deck (80m2) to the commercial facility (Development Approval for Marina & Associated
Commercial Uses). The owner indicates the chairs and works in this area were removed and the
area rectified back to the existing levels in this area.
A copy of the existing Plan of Development is included below for reference.
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Figure 1: Plan of Development Approval
On the 19 August 2020, the applicant lodged a change to the existing approval. On the 9 October
2020, Council informed the applicant to relodge as an MCU. This application is in response to
Council’s request with the additional replacement of a roof outside tenancy 8A.
2 Site details
2.1 Site description
The site is currently used for restaurants, shops, offices, cafes and an information centre. The site
is surrounded by Council reserves, waterways and roads on all sides.
Figure 2: Aerial view and site identification with zoning
Source: Noosa Council Mapping System
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3 Proposed development details
The application proposes the following:
- Enclose 50m2 of an outdoor dining deck adjacent to an existing restaurant tenancy in Building
2A along the northern part of the lease area.
- Fit out for a new 59m2 shop tenancy adjacent to the existing amenities and hair salon in
tenancy 2A.
- Replace the existing canvas roof in front of Tenancy 8A with a 153m2 flyover roof to match
in with the existing tenancy roof.
- Replace the existing awning roof along the northern balcony and southern portions of the
tenancy.
Table 3: Summary of development aspects
Building height No Change
Gross Floor Area 50m2 additions to building 2A
Replace 150m2 canvas roof to building 8A
Site access No Change
Proposed servicing arrangements No Change
Figure 3: Existing Approved and Proposed extensions to Building 2A
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Figure 4: Site photo of existing outdoor dining area (looking west)
Figure 4: Proposed Building Additions and Floor Layout
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Figure 5: Existing Approved and Proposed extensions to tenancy building 8A
Figure 6: Picture of existing roof over tenancy building 8A
4 Planning assessment
4.1 Key issues
4.1.1 Existing Approval
The existing approval allowed for 134m2 of outdoor dining area associated with the restaurant
tenancy in building 2A, and a further 91m2 of outdoor dining for tenancy building 8A. The proposed
changes retain the areas as dining areas for patrons of the restaurants.
The development also allows for an additional 59m2 retail tenancy adjacent to the existing amenities
and restaurant in tenancy 2A. This new retail tenancy space is less than 100m2 in size and self-
assessable development in accordance with the original Plan of Development.
All existing services including water, sewerage and waste is provided within the existing facility as
per the existing approval.
4.1.2 The Noosa Plan
The site is within the Tewantin Locality and zoned Open Space Recreation. The Noosa Plan seeks
for Noosa Marina to be retained in the Recreation and Open Space zone as the primary river-based
economic and transport node in the Tewantin local plan area. Development is limited to uses that
relate to marine activities, including river ferry services, complemented by a limited number of shops,
cafés, and restaurants.
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PO22 of the Tewantin Locality Code requires the Noosa Marina to provide for the continued
operation of marine moorings and ancillary business uses and food and drink outlets, while providing
the required car parking onsite. Although the restaurant tenancy building 2A is slightly increasing in
enclosed size, the area of the dining area is not increasing.
Carparking
The Driveways and Parking Code does not differentiate a separate carparking rate between outdoor
dining and indoor tenancy areas, with the proposal not increasing the use areas for the restaurant
tenancies. As a result, no additional carparking impacts are anticipated or required.
Building Design
The building works for tenancy 2A is to be finished with weatherboard cladding and windows to
match in with the existing restaurant tenancy, while a new awning roof is also proposed to match in
with the colourbond roof (with solar panels). There is still a break between the building elements on
the site and will match into the existing built form. A picture of the existing built form, as seen from
the river is included below.
Figure 4: Site photo of existing buildings (looking southeast from the Noosa River).
The development is considered to comply with the relevant Outcomes of the Tewantin Local Plan
code, which seeks development to comprise timber and tin construction with a traditional pitched
design and the proposed development incorporates these materials/elements.
Amenity of river users
Performance Outcome PO18 & 19 of the Tewantin Local Plan Code requires commercial
development on or adjacent to the Noosa River ensures no net increase in the gross floor area of
building and structures beyond existing footprints within existing lease areas. The proposal slightly
increases gross floor area with the permanent enclosure over the existing deck area, which was
previously covered by a shade sail and approved for outdoor dining.
Notwithstanding the above, the design replaces an existing shade sail and umbrellas previously used
in this area - greatly improving the built form and amenity for users of the facility. Furthermore, the
view from the river is also enhanced with a more sympathetic design in keeping with the existing
buildings and a more contemporary design.
The plans also demonstrate that roof will allow sufficient clearance to the water to prevent
interference with docked vessels at mean high water.
The proposed external building works replace existing large shade sails and does not increase the
footprint of shade structures onsite. The proposal also reduces the overall use area for dining and
impacts on carparking. The proposal is consistent with the Overall and Purpose Outcomes of the
Tewantin Locality Code.
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5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part.
Development in the erosion prone area, as shown on the SPP interactive mapping system, will be
subject to assessment against the assessment benchmarks – natural hazards, risk and resilience
within the State Planning Policy. An assessment is provided below.
State interest Assessment against assessment benchmark
Natural Hazards The site is located within the Erosion Prone Area of the SPP, however
(Coastal) not located within a coastal management district. The development is
located above the existing flood areas so as to not cause a risk to people
and property.
6.0 Conclusion
The assessment finds the proposal respects the existing development approval and generally meets
the relevant statutory instruments including The Noosa Plan, subject to the following reasons:
• The built form changes match in with the existing development and provide for a more
useable restaurant tenancy; and
• The design is sympathetic to the coastal environment protects the visual amenity enjoyed by
users and others.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development
(The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of
the assessment benchmarks for the development; and
(b) may decide to approve the application even if the development does not comply with
some of the assessment benchmarks; and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
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2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment
benchmarks, decide to refuse the application only if compliance cannot be achieved by
imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development generally complies with the Outcomes of the applicable
codes. The Assessment Manager’s favourable consideration of the above development application
is therefore recommended.
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