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Ltr-20211222-P0035895-Minor Change-MECCA Hastings Street
22 December 2021 Development Assessment Noosa Council PO Box 141 Tewantin QLD 4565 Via email: [email protected] Dear Sir / Madam, CHANGE APPLICATION FOR MINOR CHANGE TO THE DEVELOPMENT APPROVAL AT 35 HASTINGS STREET, NOOSA HEADS (COUNCIL REF: TPC 2559) In accordance with Section 81 of the Planning Act 2016 (“the Act”) and on behalf of MECCA Brands (‘the Applicant’), please accept this correspondence and the accompanying material as a properly made change application for a minor change to the development approval (Council Ref: TPC 2559) over land at 35 Hastings Street, Noosa Heads (the site). The proposed minor changes necessitate amendments to the Decision Notice and Conditions of Approval issued by Noosa Council on 23 September 1993 (Council Ref: TPC 2559). Noosa Shire Council is therefore a responsible entity for the purposes of the request. This change application is accompanied by the following supporting material: ▪ Attachment 1 – DA Form 5; ▪ Attachment 2 – Owner’s Consent; ▪ Attachment 3 – Noosa Plan Code Assessment; ▪ Attachment 4 – Copy of Existing Approval (TPC 2559); ▪ Attachment 5 – Amended Proposal Plans; and ▪ Attachment 6 – MECCA Hastings Street Localisation Model and Planting Palette Review. The proposed minor changes to the approved development relate to the establishment of a new MECCA resort concept store within the existing ground level shop tenancy which fronts Hastings Street. This type of concept store which is reflective of the local setting of Hasting Street and the Noosa surrounds is bespoke in nature and will be a first of its kind for MECCA Brands. The Applicant attended a prelodgement meeting with Council on 21 October 2021 (Council Ref: PLM21/0059) wherein it was confirmed the proposal can be accepted via a minor change application process (Section 81 of the Act). Ltr-20211222-P0035895-Minor Change-MECCA Hastings Street 1
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The relevant details of the site and the proposed changes, together with an assessment against the relevant minor change criteria and the applicable provisions of the Planning Scheme are detailed in the sections below. 1. SITE DETAILS Details of the site, proposal and relevant Noosa Plan requirements are outlined below. Address 35 Hastings Street, Noosa Heads 4567 Real Property Description Lot 0 and 1 BUP102127 Site Area 685m2 Zone Tourist Accommodation Local Plan Noosa Heads Local Plan The site is well known as the Annabelles complex on the northern side of Hastings Street. The proposal relates to the ground floor tenancy, which was previously tenanted by Frangipani and is now vacant. The site is illustrated in Figure 1 below. Figure 1: Site Photography Picture 1: Site Aerial Source: Nearmap, Nov,2021 Ltr-20211222-P0035895-Minor Change-MECCA Hastings Street 2
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Picture 2: Existing store front looking east Source: Urbis, Dec, 2021 Picture 3: Existing store front looking west Source: Urbis, Dec, 2021 Due to the age of the existing approval, a review against the current planning scheme provision (The Noosa Plan 2020 - Amendment 1 25 September 2020) is provided as part of this application (refer to Attachment 3). Ltr-20211222-P0035895-Minor Change-MECCA Hastings Street 3
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2. THE PROPOSAL 2.1. MECCA BRANDS MECCA is Australasia’s number one beauty destination. They provide a premier collection of the world’s best beauty brands with exceptional service and beauty expertise to make each one of their customers look and feel their best. As MECCA takes pride in their unique offering and as part of the design of each store, has ensured that they are reflective of the local environment and community. Stores aim to provide places of dwell, comfort and relaxation and personalised to their unique landscape and customer experience. In keeping with their intent, MECCA Brands is proposing to open its first ‘resort’ style concept store within the existing retail shop at 35 Hastings Street, Noosa Heads. The resort style has been developed to reflect the costal location and the local community of Noosa and the Hastings Street setting. As the project develops, the store will have a localised marketing strategy and bespoke business model to suit the local Noosa customer. 2.2. LOCAL MODEL The construction of the store will employ 90% of trades and consultants from Queensland. A local Noosa based landscaper have been selected to work with MECCA Brands on the composition and species selection on the external planting. The long-term operations of the store will rely on employing talented local Sunshine Coast retail teams. MECCA aims for the new Noosa store to be a proud long-term fixture within the Hastings Street retail landscape and providing Noosa customers access to the best beauty brands in the world. Provided in Attachment 6, MECCA has provided details on their localisation model. 2.3. PROPOSAL DETAILS The proposal described simplistically, is the fit out of the existing shop tenancy, but does not involve any changes to the gross floor area of the existing shop use. The resort concept illustrated in the proposal plans prepared by Meacham Nockles includes a ‘green’ façade and outdoor seating fronting Hastings Street. The proposed works are wholly located within the site boundary, with the existing building setback from the frontage. This concept is displayed in Figure 2 and provided in detail in Attachment 5 The proposed external works are generally described as follows: ▪ Shopfront doors with a blacked steel portal entry; ▪ Canvas outdoor blind with “MECCA” painted to the face to replace existing sunshades; ▪ Steel framed windows to replace the existing glass panels; ▪ Terrazzo paving to the extent of the boundary line; ▪ Vertical landscaping on the shopfront to create a green façade; Ltr-20211222-P0035895-Minor Change-MECCA Hastings Street 4
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▪ Landscaped and irrigated garden beds and pots; and ▪ New street number. Figure 2 – Extract of Drawing No. DA102 – Perspective view of the proposed shopfront Source: Meacham Nockles Council provided feedback on the preliminary scheme within the prelodgement meeting which has been addressed overleaf. Ltr-20211222-P0035895-Minor Change-MECCA Hastings Street 5
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2.4. HASTINGS STREET CHRACTER OUTCOMES
Changes to the existing façade design is proposed to be aligned with the existing character of
Hastings Street. MECCA understand Hastings Street is seen as the ‘premier’ street within Noosa and
generally characterised by muted tones and minimal advertising. The materials and landscaping are
provided to match the existing streetscape character of the street.
A prelodgement meeting with Noosa Council was held on 12 October 2021. Council had outlined in
their advice the extent of the ‘bright’ tones was not considered to be consistent with the existing
character and streetscape of the Hastings Street Precinct.
The preliminary plans have been amended to reflect Councils comments which provide a reduction of
the use bright tones and simplified the extent of the advertising to the street. These changes are
reflective of Council’s advice but still provide a high-quality finish with substantial landscaping to the
streetscape. Figure 3 outlines the proposal elevations as well as a recent photo of the existing shop
front.
Figure 3 – Hastings Street Elevation
Source: Meacham Nockles
The overall design provides an improved subtropical outcome to Hastings Street with a new type of
interaction with the existing streetscape by including the following:
▪ Opportunities for pedestrians to dwell outside the shop in view from inside the store.
▪ Supporting the seamless transition of indoor and outdoor space.
▪ Inclusion of lush landscaping and green façade to the shopfront .
▪ Planting palette reflective of the colourful endemic Noosa Shire species which assist to shade the
shop.
▪ The majority of the plant species have been selected from the Noosa Shire Council preferred plant
species outlined within the PSP2 – Landscaping.
Refer to the proposed plans in Attachment 5 and details of the planting palette within Attachment 6,
which illustrate the extent of changes to the building’s façade.
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3. CHANGES TO THE APPLICATION
3.1. DRAWINGS AND DOCUMENTS
A revised list of drawings and documents has been outlined in Table 7 below. To assist Council, the
Applicant has submitted a new set of drawings which will sit with the approval set. These Architectural
Plans prepared by Meacham Nockles are included in Attachment 5.
Approved documents to remain unchanged from the approval are outlined as follows:
▪ Drawing No. 185192-30-33 prepared by John Dimitriou Architects
‒ Dated 23 June 1993
Table 1 – Proposed Amendments to Drawings and Documents
Proposed
Drawing or Document Number Plan Date
Location Plan DA-100 20-12-2021
Site Plan DA-101 20-12-2021
Perspective View DA-102 20-12-2021
Materials and Images for Shopfront DA-103 20-12-2021
Existing Plan and Demolition Plan DA-200 20-12-2021
Existing and Demolition Mezzanine DA-201 20-12-2021
Plan
Existing Reflected Ceiling DA-202 20-12-2021
Existing RCP / Demolition DA-203 20-12-2021
Existing Section – Demolition Scope DA-204 20-12-2021
Existing Front Elevation DA-205 20-12-2021
Proposed Floor Plan DA-300 20-12-2021
Proposed RCP DA-301 20-12-2021
RCP to Double height space DA-302 20-12-2021
Section Looking West DA-303 20-12-2021
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Proposed
Drawing or Document Number Plan Date
South Elevation – Hastings St DA-304 20-12-2021
Elevation
East Elevation DA-305 20-12-2021
3.2. AMENDMENTS TO CONDITIONS OF APPROVAL
Further to the changes to the ‘Approved Plans’, it is also requested to change the stage description of
the ‘Approval Conditions’. Existing stage description are provided in italics and amendments are
depicted in blue.
Condition 1 is provided as follows:
1. Submission to and approval by Council of building plans in accordance with the Building Act,
Council’s By-laws and Policies, the conditions of this approval and substantially in accordance
with plans drawn by John Dimitriou Architects dated 23 June, 1993 numbered 185192-30 to
33, plans drawn by Meacham Nockles dated 20 December, 2021 numbered DA 100-103, DA
200-205 and DA 300-305, and the Shire of Noosa Planning Scheme apart from where
amendments are required to dispensations have been granted in conjunction with this
approval.
4. MINOR CHANGE CRITERIA
We have considered the definition of “minor change” in Schedule 2 of the Act and Schedule 1:
Substantially different Development of the Development Assessment Rules Version 1.1 made by the
Minister under section 68 of the Act (DA Rules).
Schedule 2 of the Act sets out the definition for a Minor Change as follows:
Minor change means a change that—
…
(b) for a development approval—
(i) would not result in substantially different development; and
(ii) if a development application for the development, including the change, were made when the
change application is made would not cause—
(A) the inclusion of prohibited development in the application; or
(B) referral to a referral agency, other than to the chief executive, if there were no referral
agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(D) a referral agency to assess the application against, or have regard to, matters
prescribed by regulation under section 55(2), other than matters the referral agency
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must have assessed the application against, or have had regard to, when the
application was made; or
(E) public notification if public notification was not required for the development application.
In order to consider what constitutes substantially different development, it is appropriate to have
regard to the Development Assessment Rules, Schedule 1. An assessment of the proposed changes
against the substantially different development criteria is included in Table 2 below.
Table 2 – Substantially Different Development Assessment Criteria
Guideline Criteria Comment
Involves a new use. The proposal does not involve any new land
uses being introduced to the site. The proposed
changes are limited to adjustments to the
internal configuration of the existing use and
external detailling of the approved plans.
Results in the application applying to a new The proposal does not involve any new parcels
parcel of land. of land.
Dramatically changes the built form in terms of The proposal provides for adjustments to the
scale, bulk and appearance. shopfront of the tenancy, but does not
dramatically change the scale, bulk or
appearance of the overall approved
development.
The changes are limited to the internal refit and
provision of new materials and landscaping to
the existing shop tenancy. These elements do
not dramatically change the appearance of the
overall built form. No additional structures are
proposed which change the scale and bulk of
the existing building.
The elements subject to the change can easily
be removed if a new tenant is to occupy the
shop tenancy.
Changes the ability of the proposed development The proposal will not change the ability for the
to operate as intended. development to operate as intended. These
changes relate to adjustments to the internal
For example, reducing the size of a retail complex may
configuration and external detailling of the
reduce the capacity of the complex to service the intended
ground level tenancy. The tenancy will continue
catchment.
to operate as intended. .
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Guideline Criteria Comment
Removes a component that is integral to the The proposal does not remove any components
operation of the development. of the approved development that are integral to
the operation of the development.
Significantly impacts on traffic flow and the The proposed changes will have no impacts on
transport network, such as increasing traffic to traffic flow or the transport network.
the site.
Introduces new impacts or increases the The proposed changes do not introduce nor
severity of known impacts. worsen the severity of known impacts
associated with the development.
Removes an incentive or offset component that No incentives or offsets are removed.
would have balanced a negative impact of the
development.
Impacts on infrastructure provision. The proposal will not impact the provision of
infrastructure required by the development.
4.1.1. Prohibited Development
The proposed changes do not introduce any prohibited development to the application.
4.1.2. Referral Matters
The original application was approved prior to requirements to refer to any State agencies for
assessment.
If the application was lodged today, referral of the application under the Planning Regulation 2017 is
not required. Accordingly, there are no new referral agencies as a result of the change and no new
matters that the referral agency may, or must, assess the development application against, or having
regard to.
4.1.3. Category of Assessment
If a new application for the approved development including the proposed changes was to be lodged,
it would be subject to Code Assessment under the provisions of the Noosa Plan 2020. Public
notification requirements would be not relevant for the changed application.
5. NOTIFYING AFFECTED ENTITIES
Section 80(1)(a) of the Act confirms that the assessment manager to be the responsible entity for the
change application and an affected entity would be:
“...a referral agency for the development approval other than the chief executive.”
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Due to the age of the original development application was not required to be referred to the State
Assessment and Referral Agency (SARA) within the Department of State Development, Infrastructure,
Local Government and Planning. As such SARA are not an affected entity for this minor change
application.
6. ASSESSMENT FEE AND OWNERS CONSENT
In accordance with Noosa Council’s development assessment and compliance fees for 2021/2022, a
minor change to a development approval attracts a fee of $2,273. This fee will be paid subsequent to
Council’s issue of a fee quote.
Owner’s consent has been provided for the following parcels of land:
▪ Lot 1 on BUP102127, being the owner of the lot on which the current ground level tenancy has
been constructed; and,
▪ Body Corporate for Annabelles Community Titles Scheme 17343) for Lot 0 on BUP102127, being
the common property located between the entry to the tenancy and the Hastings Street site
boundary.
Owner’s consent was not sought for Lots 2-4 on BUP102127 as the proposed changes are limited to
the lots listed above. Further, Body Corporate consent has been provided which includes all lots within
the common property. All consent documents are provided with Attachment 2 of this application.
7. CONCLUSION
As outlined in this letter, the proposed changes are considered to be a Minor Change and do not
comprise ‘substantially different development’ as described by the Planning Act 2016 and DA Rules.
Furthermore, the proposed changes are considered to be appropriate having regard to the approved
development and planning controls relevant to the site. Accordingly, we respectfully request that
Council approve the proposed changes.
We trust the supplied documentation is sufficient in order for Council to undertake an assessment of
this proposal. If you have any questions, please don't hesitate to contact Rose Mosley or myself on 07
3007 3800.
Yours sincerely,
Trent Forrest
Associate Director
+61 7 3007 3866
[email protected]
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uRBIS |