Delegated Report - Code - Planning MCU21 0168

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0168
Applicant	JRSR Custodian P/L TTE
Proposal	Material Change of Use - Food and drink outlet, Office
Properly Made Date	27 September 2021
Information Request Date	15 October 2021
Information Response Date	10 November 2021
Decision Due Date	20 January 2022
Report Completed Date	17 January 2022
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	32 & 34 Maple St Cooroy Qld 4563
RP Description	Lot 2 RP 1866, Lot 1 RP 1866
Land Area	405 m² 885 m²
Existing Use of Land	A building on each lot – No. 34 a building previously used for food and drink (Noosa Hot Bread) adn No. 32 – previously ANZ bank

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	District Centre
Precinct	Not Applicable
Local Plan Area	Cooroy
Overlays	Heritage Overlay – Character Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Food and drink outlet and Office.  Both uses are to occupy 2 existing buildings that will be reconfigured accordingly.  The Office use is to be situated to the rear of the site utilising 303m2, while the Food and Drink outlet will be situated at the front of the site, on the Maple St frontage utilising 169m2. Existing, car parking is to be retained to the rear of the site and along Wimmers Lane.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Background
A Material Change of Use for Entertainment & Dining Business Type 1 Food & Beverage was approved for No. 34 Maple Street on 21 December 2017.  This approval took effect and the business operated for some time.  This approval required the dedication of land 1.5m wide fronting Wimmers Lane.  It appears this dedication was never formalised.
Site Description
The site is over 2 lots, both are rectangular in shape, No. 34 fronting Maple Street, while No. 32 fronts Maple Street and Wimmers Lane. Both lots have existing one storey buildings which adjoin each other.
The buildings extend across the Maple Street frontage and part of the Wimmers Lane frontage. An awning and parapet also extend across the frontage typical of the country town character of the Cooroy main street.

Surrounding Land Uses
North: Chinese restaurant and real estate office
South: Wythes Real Estate
East: Opposite side of Maple Street – Post office and car park
West: Existing industrial premises previously used by Wimmers Soft Drink

assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
District Centre Zone Code;
Cooroy Local Plan Code;
Business Uses Code;
Heritage Overlay Code;
Works Codes: Driveways and Parking Code and Landscaping Code.
The subject site is located in Cooroy and is zoned District Centre. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Car parking
Under the Noosa Plan 2020, assessment of car parking requirements for Office and Food and Drink District Centre zone are undertaken in accordance with the following rate.
Office: 1space per 20m2
Food and Drink: 1 space per 20m2, or part thereof, of use area and outdoor business area (excluding kitchen and food storage areas)
Use area is defined as:
use area means the sum of the area of the premises (exclusive of all walls and columns), including all storeys, used or intended for use for a particular purpose. The term excludes—
the areas (inclusive of all walls and columns) of any lift rooms, motor rooms, air conditioning or other mechanical or electrical plant or equipment rooms located at any topmost storey;
the areas of any staircases or lifts wells;
the areas of any common foyer or arcade;
the areas of any public toilets; and
the areas used for the access, parking and associated manoeuvring of motor vehicles.
The proposal plans detail an internal area of 717m2. Of this area, 169m2 is to be used for the dining space associated with the Food and Drink Outlet, 303m2 is associated with the office space and existing toilets. The remaining areas on site are associated with kitchen and food storage and circulation space that links the front of the building at No. 34 to the rear parking area.
Therefore, a total of 472m2 is applicable for car parking assessment which is broken down as follows:
Existing credit with no parking = 11.2 @ 1 per 50m2 (not including 3 spaces in garage)
Proposed parking = 11.2 (credit for old Madills) + 8 off Wimmers Ln + 4 staff + 2 garage = 25.2 spaces
Demand = office 303m2 @1 per 20m2 (15 spaces) + Dining Space 169m2 @1 per 20m2 (8.5 spaces) = 24 spaces
Six staff car spaces are provided for at the rear of the site, which also includes an existing garage.  A further 8 spaces are provided for along the Wimmers Lane frontage for visitors to the site. Conditions are recommended accordingly.
Further existing approval MCU17/0530 provided for 3 additional car spaces in the Maple Street road reserve.  Seven car spaces are located on the sites frontage.
Based on the existing car parking on site and car parking credits associated with the existing building and use the proposal therefore complies with car parking requirements as detailed by the Noosa Plan.  A condition is recommended to limit the use area to that proposed to ensure the development continues to comply with car parking requirements.
Wimmers Lane
As background, Condition 19 of the 2017 approval (MCU17/0530) for No. 34 Maple St required that a 1.50 metre wide strip extending across the full length of the frontage to Wimmers Lane be dedicated to Council as ‘Road’. The dedication was not formalised.
Performance outcome PO17 of the Cooroy Local Plan Code requires the widening and upgrading of laneways as follows: Development facilitates the widening and upgrading of laneways in the Cooroy Local Plan Area to accommodate anticipated levels of traffic. Where:
access to development is taken from a laneway, a 2 metre resumption from the laneway frontage is required for widening and the laneway is to be upgraded to the appropriate standard; or
development is undertaken on a property with a laneway frontage, and access is not taken, a 2 metre easement is provided for future widening and upgrading purposes.
Figure 5 below shows the location of the previous land dedications and approved Public Thoroughfare easement (yet to be developed).

Figure 5: Location of dedications and public thoroughfare easement
It is not practicable to provide a 2 metre wide dedication for the entire frontage of Wimmers Lane due to location of the existing building and car spaces. Therefore, a 1.5m wide road widening/dedication along the western end of the site fronting the laneway is consistent with previous road widening required for other developments on the southern side of Wimmers Lane and a condition is recommended accordingly. In this regard the condition is recommended to include a 1.5m dedication in front of the Wimmers Lane carparking (refer figure 6), removal of existing bollards and provision of a kerb and footpath. This will allow for a wider pathway (with the bollards removed) and keeps vehicular traffic on the road.

Figure 6 – land dedication area adjacent to existing car spaces

Heritage
The site is also mapped as being located in a Character Area under the Noosa Plan and the proposal seeks the following changes to the building:
replacing the existing door to Lot 2;
an additional window to the frontage of Lot 1 to match the frontage of Lot 2; and
4 bifold windows with timber battening to the Wimmers lane frontage of Lot 1 to replace existing fixed glazing.
Refer Figure 7 for the proposed changes.

Figure 7 – proposed changes to the building
The proposal generally seeks to re-use the existing building in its current form. The minor changes proposed are consistent with the Heritage Overlay as the original architectural style is maintained and saw tooth roof form is retained.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Co-ordinator, Engineering
Waste Collection officer, Infrastructure Services
Designer, Capital Works
conclusion & reasons for decision
The proposed uses are consistent within the District Centre zone and generally complies with the relevant provisions within the Noosa Plan. The proposal benefits from car parking credits attributed to the previous use of the site and includes the provision of additional car parking within the Maple Street road reserve adjoining the site frontage.
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU21/0168 for a Material Change of Use - Food and drink outlet and Office situated at 32 & 34 Maple St Cooroy and described as Lot 2 RP 1866, Lot 1 RP 1866, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0168
Street address:	32 & 34 Maple St Cooroy Qld 4563
Real property description:	Lot 2 RP 1866, Lot 1 RP 1866
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit Material Change of Use - Food and drink outlet, Office
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
A.100	B	Site plan, floor plan and elevations prepared by Zest Design Noosa	1/12/2021
Nature and extent of Use
The Food and Drink and Office use area (as defined by Noosa Plan) is limited to the amount shown on the approved plan A.100, prepared by Zest Design Noosa and dated 1/12/2021.
The use must not operate outside the hours of 6:00am to 10:00pm, Sunday to Thursday and 6.00am to 12 midnight on Friday and Saturday.
Wimmers Lane land dedication
Within three months of the date of this approval a 1.50 metre wide strip extending across the full length of the frontage to Wimmers Lane is to be dedicated to Council as ‘Road’.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $7,000 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 or Building Works whatever comes first. 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.
External Works
Wimmers Lane 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:
along the section adjacent to the existing building:
construction of upright kerb and channelling in accordance with Council’s Standard Drawing RS-080;
any necessary widening of the road formation to match smoothly with the new kerb and channel;
construction of a new footpath between the building and the new kerb and channel. The footpath must be in accordance with Council’s Standard Drawing RS-065;
removal of the existing bollards; and
reinstatement of street signage.
along the remaining section of the Wimmers Lane frontage:
replacement of the existing dish drain and vehicle crossover with new kerb and channelling. The new kerb and channel must be in accordance with  Council’s Standard Drawing RS-080;
any necessary widening of the road formation to match smoothly with the new kerb and channel; and
construction of a new footpath between the property boundary and the new kerb and channel. The footpath must be in accordance with Council’s Standard Drawing RS-065.
Condition 6 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Site Access and Driveways
A sealed vehicle access 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 a driveway crossover generally in accordance with Council’s Standard Drawing RS-051.
Car Parking
A minimum of 14 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:
8 car spaces parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use;
6 staff parking spaces within the total, which are clearly marked for that purpose;
1 disabled parking space/s within the total;
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 for the relevant user class.
The rear tandem carparking and garaging area must be used for staff parking and deliveries only.
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.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with the approved plans
Waste
Development is to be carried out in accordance with the Waste management plan as submitted to Council November 2021.
The Waste management area must be designed to ensure that waste vehicles can exit Wimmers Lane in a forward direction.
Stormwater Drainage
Stormwater runoff from the development must be connected to the existing site stormwater drainage system and discharged without causing scour or damage to the subject site or any adjoining property.
Easements
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 earthworks and associated retaining structures must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
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.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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.
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
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
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.
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
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.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Frontage works, car parking and landscaping
Development Permit for Building Works	All building work
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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