Application For Material Change Of Use For Shops And Offices Situated At 2 Emerald Street, Cooroy - MCU14/0091

APPLICATION FOR MATERIAL CHANGE OF USE FOR SHOPS AND OFFICES SITUATED AT 2 EMERALD STREET, COOROY - MCU14/0091

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / MCU14/0091

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	B.H. & A.T. Durrington & S. Smith C/-Max Watterson & Associates
Proposal	Development Permit for Material Change of Use for Retail Business Type 2 – Shop (x3) and Commercial Business Type 1 – Office (x 3)
Properly Made Date	20 November 2014
Information Request Date	4 December 2014
Information Response Date	20 April 2015
Decision Due Date	30 July 2015
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	2 Emerald Street, Cooroy
RP Description	Lot 47 C 5602
Land Area	1012m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy and Lake Macdonald
Zone	Business Centre
Overlays	None applicable
Assessment Type	Code Assessable
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 21 July 2015 regarding Application No. MCU14/0091 for a Development Permit for Material Change of Use for Retail Business Type 2 – Shops (x3) and Commercial Business Type 1 – Offices (x 3) situated at 2 Emerald Street, Cooroy and approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
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
A1.00	B	Site Plan, prepared by Tulip Design	21.03.15
A1.01	B	Floor Plan, prepared by Tulip Design	21.03.15
A2.01	B	Elevations – Sheet 1, prepared by Tulip Design	21.03.15
A2.02	B	Elevations – Sheet 2, prepared by Tulip Design	21.03.15
A3.01	B	Section, prepared by Tulip Design	21.03.15
A9.01	B	3D impressions, prepared by Tulip Design	21.03.15
L1.01	B	Landscape Plan, prepared by Tulip Design as annotated by Council	21.03.15
The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works*.
*(Refer to Advisory Note)
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level and 2 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Building Design
The street awning must extend for the full width of the frontage and be setback 1m from the face of the kerb. Amended plans must be submitted prior to the issue of an operational works approval.
A variety of external material finishes must be incorporated to the north elevation and the west elevation as indicated on the approved plan.
All mechanical equipment such as air-conditioning units, pumps or refrigeration and the like must not be seen from Emerald Street.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Landscaping Works
The development site must be landscaped.  The works must be undertaken generally in accordance with the approved landscaping plan, Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines and in accordance with an Operational Works approval and must include in particular:
the works shown on the Approved Plans
the Archontophoenix cunninghamiana must be deleted from within the garden along the Emerald Street frontage and replaced with a native shrub
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.
ENGINEERING
External Works
Emerald Street must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a full width pathway extending from the property boundary to the kerb and channel
works to transition the new full width pathway to match smoothly with the existing frontages of the adjoining properties. These works will extend beyond the frontage of the subject site. The transitions must be constructed at grades that are in accordance with Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks.
any necessary relocation or alteration to existing access from Emerald Street to the adjoining property at 4 Emerald Street must be undertaken. The type and extent of these works must be in agreement with the adjoining property owner and clearly shown on plans submitted for operational works
any relocation/reinstatement of existing services in the road verge
These works are to be undertaken at no cost to Council.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Wimmers Lane to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular extension of the existing formation to the property boundary to provide a suitable access to the carparking area.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Car Parking
A minimum of 23 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
12 customer parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use
11 staff parking spaces within the total, which are clearly marked for that purpose
1 disabled parking space within the total
crossfalls, dimensions and gradients in accordance with Australian Standard AS2890: Parking Facilities.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Bicycle Facilities
Six (6) bicycle parking spaces and 3 lockers must be provided for the development.
Stormwater Drainage
All stormwater drainage must be collected and discharged so there is no net increase in stormwater runoff from the site.
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 1501-02B prepared by Callaghan and Toth dated March 2015.
Undergrounding of Existing Overhead Powerlines
The existing overhead electricity reticulation connection to the site must be removed and any new connection must be provided underground.
Easements
A 1.5 metre wide easement for “Public Thoroughfare” purposes must be registered against the title of the property in favour of Council. The easement must be located directly adjacent to the Wimmers Lane frontage. The easement must:
be clearly shown on all plans submitted for Operational Works
be registered prior to the commencement of the use
the terms of the easement must allow for the use of the easement for car parking purposes until such time Council decides otherwise.
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
ENVIRONMENTAL HEALTH
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises” and an operational works approval. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, must be submitted for the day-to-day operation of the development and approved by Council’s Health Section prior to issue of development permit for operational works.  The Waste Management Plan must include the following:
the types of waste that will be generated from the activities approved within the development
estimated volumes or tonnage of both recyclables and waste generated
methods to be used for dealing with garden waste
initiatives to minimize waste either by waste prevention, reduction, re-use or recycling
description of procedures for getting all waste to the bins; the storage of bins and the collection of bins by the contractor
a detailed description of vehicular access to collect waste.  Where collection is off street, access must allow vehicles to enter and leave the site in a forward direction.
Noise Nuisance
Noise emission from mechanical equipment must comply with the following requirements:
Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply when measured at the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  All equipment should be operating at the same time to test the overall noise level created.
ADVISORY NOTES:
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.
Noise
It is highly recommended the person engaged to certify the installation of mechanical equipment is involved at the plan development stage to recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.

REPORT
PROPOSAL
The application seeks approval for a 2 storey commercial development consisting of 3 shops at street level and 3 offices on the upper level. Stairs and a lift accessed from a rear balcony provide access to the upper level offices. Each shop has a Gross Floor Area of 70m², with 2 x offices at 70m² and 1 at 80m². The ground level shops are setback between 2m and 3m from the front boundary, a forecourt area and narrow garden are located along most of the frontage. The upper level offices are similarly setback with a balcony overlooking the footpath awning and the street.

The external finishes are mostly painted masonry with 2 feature walls (FC panel system and render finish) located at both ends of the elevation facing Emerald Street. A 2 degree skillion roof is proposed.

A ground level walkway along the western boundary provides pedestrian access from Emerald Street to the upper level stairs and lift, and to the rear car park. The development provides 23 car spaces accessed from Wimmers Lane. Figure 1 below shows an architectural rendering of the development.

Substantial full width frontage works are proposed as part of the development.

The applicant proposes a 1.5m easement in favour of Council along the Wimmers Lane boundary (rear boundary) for future road widening purposes. The application is before Council because of the request to dedicate 1.5m of land adjoining Wimmers Lane as a ‘Public Thoroughfare’ easement until such time Council has a strategy for Cooroy Laneways. Proposal plans are included in Attachment 1.

Figure 1 - Proposed view from Emerald Street
site details
Background
Land dedication - Wimmers Lane

Council has on two occasions required 1.5m of land dedication as road reserve along Wimmers Lane at the time of redevelopment. The previous developments were at 13 Garnet Street (corner of Wimmers Lane, Wattle Street and Garnet Street) and additions to 11 Garnet Street (dual street frontage with Wimmers Lane). The land dedication is discussed further in the report.
Site Description
The lot has frontage to Emerald Street and Wimmers Lane and has historically been a single residential use. The dwelling was recently demolished, being in disrepair. The site has approximately 1m of slope from the south east corner to the north west corner of the lot.
Surrounding Land Uses
The lot is centrally located within Cooroy’s business centre with a variety of surrounding businesses typical of a business centre. Immediately to the west are commercial premises, to the east shops and restaurants and opposite and across Emerald Street, shops and the IGA. Figure 2 shows the location of the subject site.

Figure 2 – Subject Site outlined in purple

assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions
Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy and Lake Macdonald Locality and is zoned Business Centre. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
Locality Provisions
The proposal is considered to comply with the provisions of the Cooroy and Lake Macdonald Locality Code. However, specific streetscape provisions are outlined for Cooroy’s Business Centre that warrant discussion. Specific Outcome O54 reads as follows:
Specific Outcome - O54 Buildings are compatible with existing buildings including Federation and Art Deco styles, without necessarily mimicking such styles, through—
a)	roofs generally concealed behind parapet walls and not seen from the street;
b)	the main entrance visually emphasised in the centre of the ground floor façade;
c)	detailing and articulation for horizontal emphasis including awnings, parapet walls and first floor balconies; and
d) 	signage befitting the architectural integrity of the building
The proposal does not incorporate parapets but the proposed street setback, street awning, feature walls and first floor balcony provide the horizontal and vertical elements which are considered appropriate design elements that are compatible with the character of Emerald Street and ‘old Cooroy’ and outlined in Specific Outcome O54. There is a mix of building designs in Emerald Street, some with parapets, some with visible pitched roofs, and with various finishes.
A slope to the frontage and a low kerb level provide significant challenges for the development to activate the street and deliver a centrally located entrance. The proposal addresses the street with shop front glazing and a small forecourt for most of the frontage. These design elements combined with the small garden bed within the site’s frontage to Emerald Street provides a good public/private transition instead of a retaining wall built to the boundary.
The Code also seeks that street awnings contribute positively to the character and streetscape of Cooroy. Awnings to achieve this should be provided for the full frontage and be either cantilevered or supported by posts and setback no less than 1m from the kerb. The proposed awning is cantilevered, setback 0.5m from the kerb and 1.9m from the eastern boundary frontage  and 2.3m from the western boundary frontage, being 79% the length of the site’s frontage. It is considered the proposed awning length and width is not consistent with other awnings on the southern side of Emerald Street and a condition is recommended to provide the awning for the full frontage and setback 1m from the face of the kerb.
As a whole, the contemporary development will positively contribute to the streetscape without mimicking the Federation or Art Deco styles.
Wimmers Lane and Easement

Specific Outcomes O4 and O5 of the Cooroy and Lake Macdonald Locality Code promotes the use of laneways for access to new uses in Cooroy. In particular Specific Outcome O5 is relevant to this development being accessed from Wimmers Lane and reads:

Specific Outcome O5 - Access for new uses is only taken off a laneway where upgrading works are carried out to the laneway to enable the laneway to accommodate the anticipated levels of traffic.

Currently, Council does not have a strategy for the use of or for improvements to Wimmers Lane. However, Council has established a practice of requiring previous developments to dedicate 1.5m of land to Wimmers Lane road reserve. Figure 3 below shows the location of the previous land dedications.

Council’s Infrastructure Planning and Design section indicates that a Pedestrian and Access study of Cooroy, which will include Cooroy’s laneways is likely to be undertaken in 2016/2017.

Figure 3 – Previous road dedication at the western end of Wimmers Lane and the buildings built to Wimmers Lane boundary at the eastern end of Wimmers Lane.

The reasons for the previous dedications were:
the development required additional road width to provide safe vehicle access, being located on the corner of Wimmers Lane and Wattle Street
a redevelopment immediately adjoining the aforementioned development extended the road widening
Both land acquisitions are on the south western end of Wimmers Lane close to Wattle Street. The land acquisition had a clear intent of providing a new development with safe access and a lot which immediately adjoins this new development extended the road widening. In this instance, it is considered unreasonable to require the applicant to dedicate land for lane widening as currently there is no planning study/strategy and the eastern end of Wimmers Lane has some challenges to road widening. Notably:
two lots on the corner of Wimmers Lane and Maple Street (eastern end of Wimmers Lane) are affected by The Noosa Plan’s Heritage Overlay which requires the retention of existing character buildings; and
the existing two character buildings on these lots are built to the Wimmers Lane boundary. One lot being narrow and a 1.5m land acquisition would render the lot somewhat undevelopable. These buildings and lots are shown in Figure 3 above.
Also the subject site is:
on the opposite side of Wimmers Lane to the previous land dedications; and
the subject lot adjoins the lot affected by the Heritage Overlay and buildings built to the Wimmers Lane boundary
Given the above challenges, it is considered that in the absence of an appropriate planning study or strategy for Wimmers Lane, it is unreasonable to require a 1.5m land dedication that may never be utilised. Until such time as a planning strategy for Wimmers Lane is delivered, a 1.5m wide “Public Thoroughfare” easement is recommended. This will allow the development to utilise the land until it is required for road widening or alternatively, the easement can be extinguished if it is not required.
Two (2) car spaces straddle the proposed “Public Thoroughfare” easement. The development exceeds the total quantity of car spaces required by the Planning Scheme by 1.5 spaces. It is considered that if the land is required in the future the loss of car spaces will be acceptable.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Landscaping Code
Engineering Works Codes
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Plot ratio	0.80:1 max.	0.65:1	
Landscaped open space	105m² (10%)	105m² (10%)	
Building height storeys metres	2 storeys max 8 metres	2 storeys 8 metres	
Boundary setbacks	In the Cooroy Locality in the Business Centre zone no setback is required to Emerald Street, Wimmers Lane or side boundaries.	2-3m to Emerald Street No setback to side boundaries 32m to Wimmers lane	
Length of wall	15 metres max	14 metres	
Carparking	21.5 spaces	23 spaces	
Bicycle Spaces	6 bicycle spaces 1 locker per 2 bicycle spaces	6 bicycle spaces no lockers	X
Bicycle lockers
A condition is recommended to provide lockers for the development.
External Works
The Transport, Roads and Drainage Code require footpaths be upgraded to appropriate standards for new development. The car parking and kerb level adjacent to the site in the road reserve is approximately 0.5m lower than the existing footpath and the battered bank is currently a pedestrian and vehicle hazard. Significant frontage works are required to construct a new full width footpath to marry into the existing car parking and kerb levels. This includes the relocation/reinstatement of existing underground services and transition works extending beyond the sites frontage.

cONSULTATION
Other Referrals
The application was forwarded to Unitywater and the following internal Council specialists:
Engineering Officer
Infrastructure Planning and Design Officer

conclusion
The proposed building design is not a traditional Federation or Art Deco building style but is considered a contemporary commercial design consistent with the Planning Schemes intent for Cooroy’s business centre. The proposed ‘public thoroughfare’ easement is recommended as an alternative to a land acquisition to allow the applicant use of the land until future planning is undertaken for Wimmers Lane. The proposal is recommended for approval subject to conditions.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health		DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	21 JULY 2015

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Noosa Shire Council

   

Site area 1012 sqm