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Minor Change Request report 10.08.21

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                                                                   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

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