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Minor Change Request report 10.08.21
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
10 August 2021
Planning
Noosa Council
[email protected]
RE: Minor Change Request – 132000.465.2 (20789 DA) – Outdoor dining area
Proposal
The proposal seeks some minor changes to the development approval. The applicant
indicates that changes with online gambling (TAB) and Peregian Beach demographics
have resulted in changes in patronage and use of the hotel. The patrons would prefer
better dining areas incorporating the outdoor areas, rather than indoor areas catering to
the traditional sportsbar.
As a result, the changes are largely cosmetic to the entrance of the hotel and include:
• Internal renovations to change the shape of the bar in the bistro area;
• A cantilevered 2.3m wide corflu carbonate awning covering the front walkway;
• A relocated 6m² designated outdoor smoking area (DOSA);
• Additional 60m² of outdoor dining area to the front of the hotel;
• New landscaping to the front of the site.
Background
On 27 February 2003, Council approved a material change of use for a Hotel and
Commercial Service (TAB) and an Environmentally Relevant Activity.
On 22 January 2004, a change to the development approval condition 8 was approved.
On 1 August 2007, a change to the development approval condition 5.2 was approved and
related to the hours of operation and noise limits.
Minor Change Test
An assessment against the meaning of minor change and a response about the proposed
application is provide below. The Planning Act 2016 defines a minor change as a change
to the approval that:
i. would not result in a substantially different development*;
(*In determining whether the proposed change would result in substantially
different development, the assessment manager or referral agency must
consider the individual circumstances of the development, in the context of
the change proposed.)
Schedule 1 of the Development Assessment Rules set outs provisions for a substantially
different development. A change may be considered to result in a substantially different
development if the proposed change results in any of the following outlined in Table 1
below.
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Page 2
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
Table 1 - Substantially different development
Provisions of Schedule 1 of the DA Rules Response
(a) Involves a new use There is no new use proposed onsite
(b) results in the application applying to No new parcels of land is introduced
a new parcel of land; or
(c) dramatically changes the built form The built form generally remains
in terms of scale, bulk and unchanged except for a covered walkway
appearance; or from the north side of the eastern
elevation to the south side. This minor
change does not dramatically change the
scale, bulk or appearance.
(d) changes the ability of the proposed There is no change proposed to the
development to operate as operation of the Hotel.
intended; or
(e) removes a component that is The development remains an operating
integral to the operation of the Hotel
development; or
(f) significantly impacts on traffic flow The additional outdoor dining area will not
and the transport network, such as significantly impact on the traffic flow to
increasing traffic to the site; or the site. Under the current planning
scheme there is more than the required
quantity of parking onsite.
Furthermore, since the development was
approved patron habits have changed –
taxi, ride share and PT is more readily
available and used - therefore less traffic
generation than in the past.
(g) introduces new impacts or increase No new impacts or the severity of impacts
the severity of known impacts; or is likely to result for the outdoor dining
area. The Hotel operates under strict
planning approval conditions in terms of
operating hours and noise levels.
(h) removes an incentive or offset Does not remove an offset or incentive
component that would have component of the development.
balanced a negative impact of the
development; or
(i) impacts on infrastructure provisions. There is not additional impacts on
infrastructure.
Given the above, the proposed change to the existing approval is a minor change in
accordance with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development
Assessment Rules.
Page 3
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
Deciding the Request
In accordance with S81 of The Planning Act 2016, Council must only consider the
information provided and any other matter considered relevant, including — all matters
Council would or may assess against or have regard to, if the change application were a
development application.
Council must only consider the statutory instrument, or other document, as in effect when
the development application for the development approval was properly made. However,
may give weight they consider appropriate, in the circumstances, to—
(a) the statutory instrument or other document as in effect when the change
application was made (Superseded Planning Scheme); or
(b) if the statutory instrument or other document is amended or replaced after the
change application is made but before it is decided—the amended or replacement
instrument or document; or
(c) another statutory instrument—
(i) that comes into effect after the change application is made but before it is
decided; and
(ii) that the responsible entity would have been required to consider if the
instrument had been in effect when the development application for the
development approval was properly made.
Assessment
The internal renovation includes modern décor to the previously used sportsbar, a more
efficient use of space and continues to provide separation between the bar, gaming, bottle
shop and bistro areas. The outdoor 60m² of dining area is contained within a landscaped
setting and a new 2.3m wide cantilevered roof is proposed to cover the walkway, as shown
below.
Figure 1 - walkway roof proposed
Page 4
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
Figure 2 - Outdoor dining area
Carparking
The planning scheme in force at the time of the original approval required 49 car spaces.
The development provided 41 spaces onsite and paid contributions in lieu to the equivalent
of 8 spaces.
Since the development was approved, the carparking rate sought by The Noosa Plan 2020
changed to 1 space per 20m² for the Hotel compared to the previous approved rate of 1
per 10m2 when the development was originally approved.
The total use area (TUA) of the proposed changes, including the additional outdoor dining
area of 60m² is 670m² (see attached use area plan). This requires 34 car spaces (33.5
spaces) under The Noosa Plan 2020 and is substantially less than the already provided 49
car spaces (41 onsite and 8 paid in lieu). Therefore no further car parking is required.
Page 5
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
Figure 3 – Total Use Area Plan
In terms of the superseded planning scheme, changes in travel have overtaken the
requirements of this older scheme, as taxi, ride share, PT and drink driving education has
significantly changed since the original car parking assessment more than 20 years ago.
The new Noosa Plan 2020 better reflects the car parking requirements of 2021 at the 1
space per 20m² rate of which the proposal complies and the shift in patronage to
accommodate more diners (like a restaurant), rather than a traditional hotel.
Noise
Strict conditions of approval regulate noise and operating hours. The outdoor dining area
is subject to the Ron Rumble ‘Review of Noise Issues’ and the acoustic measure set out
in Condition 5. The proposed changes do not significantly change Ron’s original
assessment and the proposed outdoor dining is unlikely to cause any adverse amenity
affects on the surrounding residents.
Landscaping
The Noosa Plan 2020 seeks 10% of the site be landscaped and a 2m average with of
landscaping along the front of the site.
Although the proposal removes a small amount of landscaping at the front of the site, the
development still retains 11.2% (285m²) of landscaping across the site and provides an
average of 2m width of landscaping along the frontage - complying with the Code.
It should be noted that where the bench seats meet the boundary in the outdoor dining
area, uniquely, a retained road reserve garden is located. Furthermore, an unhealthy
pandanus is proposed to be removed and replace, near the entry, with another 100 Litre
pandanus being approx. 3m in height, which will provide instant greenery to the location.
The landscaping is shown in Figure 3 and a landscaping plan is provided as part of the
submitted documentation. Near the outdoor dining area up to 3m landscaping width is
provided within the site.
Page 6
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
Figure 4 - landscaping to the front of the site.
Changes to Conditions
As a result of the proposed changes the following conditions require changing:
Condition 1 requires amending to reflect the changes and sought to read as follows.
(<Date>) 2021
1. 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
A.102 1 Roof Plan, prepared by Zest 21/02/2020
A.400 1 Feature Arch Detail, prepared by 21/02/2020
Zest
A.401 1 Bar Detail, prepared by Zest 21/02/2020
A.402 1 Bar & Banquette Detail, prepared by 21/02/2020
Zest
SK.101 1 Proposed Plans, prepared by Zest 25/06/2021
SK.103.1 1 Area Use Plan (Overall), prepared by 25/06/2021
Zest
SK.104 1 Landscape Plan, prepared by Zest 25/06/2021
SK.105 1 Landscape Area Plan, prepared by 25/06/2021
Zest
SK.05 1 3D Render, prepared by Zest 21/02/2020
SK.511 1 3D Render, prepared by Zest 25/06/2021
SK.514 1 3D Render, prepared by Zest 25/06/2021
SK.07 1 3D Renders, prepared by Zest 21/02/2020
Page 7
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
Condition 3
3. The sports bar total use area shall not exceed 24m2 and shall be delineated from other
areas of the hotel.
The delineation of the sports bar is complied with, however the size and use has changed
to allow for more seating. It is required the condition is amended to read as follows.
3. The sports bar total use area shall not exceed 24m2 and gaming area shall be
delineated from other areas of the hotel.
If you have any further queries in relation to the above, please do not hesitate to contact
myself.
Regards,
Jack Lewis B.Sc Hons UNSW M.Plan Otago MPIA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227