Council Report MCU21 0071

MCU21/0071 – Application for a material change of use – food and drink outlet and shop at 1/10 thomas street, noosaville

Author	Development Planner, Will Koschade
Environment and Sustainable Development Department

Index	ECM / Application / MCU21/0071

Attachments	1.	Infrastructure Agreement

APPLICATION DETAILS
Applicant	TTF P/L ATF The Tony Fitzgerald Family Trust
Proposal	Material Change of Use - Food and drink outlet and Shop
Properly Made Date	15 April 2021
Information Request Date	14 May 2021
Information Response Date	4 June 2021
Decision Due Date	20 August 2021
Number of Submissions	Not applicable

PROPERTY DETAILS
Property Address	Noosaville Plaza 10 Thomas Street, Noosaville 1/10 Thomas Street, Noosaville
RP Description	Lot 0 on SP100808 Lot 1 on SP100808
Land Area	43m² (plus 24m2 outdoor dining)
Existing Use of Land	Mixed use retail

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation
Precinct	Not applicable
Local Plan Area	Noosaville
Overlays	Acid Sulfate Soils (5m AHD or below)
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 10 August 2021 regarding Application No. MCU21/0071 for a Development Permit for a Material Change of Use - Food and drink outlet and Shop situated at Noosaville Plaza 10 and 1/10 Thomas St, Noosaville 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
3-10THOM-L1	C	Site Proposal Plan, prepared by Neil Blamey	26 May 2021
3-10THOM-L2	A	Landscape Plan, prepared by Neil Blamey	26 May 2021
Nature and Extent of Approved Use
The approved use must not operate outside the hours of:
6am to 10pm Monday to Thursday
6am to 12am Friday and Saturday
9am to 10pm Sunday or any public holiday
The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
The outdoor dining area must not exceed 24m2 as shown on the approved plans.
Building Appearance
All mechanical equipment and other service infrastructure located on the site must be:
located not less than 2 metres from a property boundary
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
No part of the site may be used for outdoor storage of materials unless specified on the Approved Plans or the conditions of this Decision Notice.
Currency Period
This development approval lapses if the use has not happened by 20 August 2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the commencement of the use. 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.
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).
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with the Noosa Plan for that specific area and must include in particular:
the works shown on the Approved Plans including species and spacing as detailed on the Landscape Plan.
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.
Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Agree to enter into an Infrastructure Agreement with the applicant that provides for contributions in lieu of one (1) on-site car parking space.

REPORT
PROPOSAL
The application seeks approval for a Material Change of Use to establish a Food and Drink Outlet and Shop at 1/10 Thomas Street, Noosaville. The subject tenancy has a gross floor area of 43m2 and an external 24m2 dining area (within common property for exclusive use of Lot 1).
Tenancy 1 has been operating as a Food and Drink Outlet for some time, however the existing use rights of the tenancy are limited to a ‘Shop’. The purpose of the application is to preserve use rights as a ‘Shop’, but also enable restaurants and cafes to operate from the site. For this reason both a ‘Shop’ and ‘Food and Drink Outlet’ use is stipulated in the application. No building works are proposed, however, the applicant does offer landscaped embellishments to the front of the site.
As part of the original approval, car parking was provided at a rate of 1 space per 30m2. A ‘Food and Drink Outlet’ requires parking at a rate of 1 space per 20m2, therefore triggering an additional 1 onsite car parking space. No additional parking can be provided onsite and therefore the applicant proposes to pay for a contribution in lieu. The application is before Council due to the requirement for an Infrastructure Agreement to be entered into which would facilitate the contributions payable for the 1 space shortfall.
The locality and proposal plans are detailed below:

Figure 1 – Locality (outline in red)

Figure 2 – Subject Tenancy (outline in red)

Figure 3 – Street view of site

Figure 4 – Floor Plan

Figure 5 – Proposed Landscape Plan
site details
Background
Tenancy 1 has an approval to operate a ‘Shop’. The approval for a Shop was attained as part of the original application for the Noosaville Plaza development on 15 May 1989 (Ref: DNA146). Under the Planning Scheme at the time, a ‘Shop’ was defined as “…Any premises used or intended for use for the purpose of displaying or offering goods for sale to member of the public.” The term exclude restaurants and cafes.
A restaurant has been operating from tenancy 1 for some time. A restaurant is defined as a ‘Food and Drink Outlet’ under The Noosa Plan 2020 and therefore retrospective approval is sought to allow both uses to operate interchangeably.
Site Description
The site was originally developed in 1989 and comprises a 2 storey building, strata titled into 5 tenancies. The building presents single storey to Thomas Street and two storeys to the rear. A bricked unenclosed courtyard is centrally located on the site. The development does not include landscaped setbacks and no buffering is offered to Thomas Street.
Surrounding Land Uses
The site is located on Thomas Street, in proximity to Gympie Terrace and the Noosa River. The area consists of a mixture of residential and business uses, including short and long term accommodation, entertainment, dining and retail businesses.
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;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
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.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Tourist Accommodation Zone Code;
Noosaville Local Plan Code;
Business Activities Code; and
Works Codes.
Code Provisions
The subject site is located in Noosaville and is zoned Tourist Accommodation. The proposed use is identified as a consistent 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:
Built Form
No changes to the built form are proposed as part of this application.
Car parking
The original application for ‘shops and professional offices’ required car parking to be provided at a rate of 1 space per 30m2 of gross floor area, for a total area of 505m2. A contribution was paid for 17 spaces with no parking provided onsite.
Car parking requirements for a Food and drink outlet under The Noosa Plan 2020 are calculated based on use area, excluding kitchen and food storage areas (refer to Figure 1).
The proposed change includes a total use area of 56.3m2 for the purposes of Food and drink outlet. Of the 56.3m2 use area, car parking was provided for a total of 43m2 under the original approval, calculated at a rate of 1 space per 30m2.
Figure 1 – Car Parking Calculation
Noosa Plan 2020
Food and Drink Outlet at 56.3m2 (excluding 10.7m2 kitchen)	1 space per 20m2	2.815
Minus existing car parking for 43m2 of GFA	1 space per 30m2	-1.433
TOTAL	1.382
It is noted that the minimum number of carparks is an Acceptable Outcome under Noosa Plan 2020, therefore alternative solutions that achieve the outcomes of the planning scheme may be considered by Council. It is acknowledged that due to existing development onsite, the subject site cannot provide onsite car parking. In addition, it is considered the locality would benefit more from improved public transport, pedestrian or cycle facilities compared to the provision of additional car parking onsite. As such, the applicant has advised that they are agreeable to enter into an Infrastructure Agreement to make contributions in lieu of car parking. It is therefore recommended Council enter into an Infrastructure Agreement for one car parking space, at a rate of $15,775.00 per space (subject to indexation), as per the Contributions in Lieu of the Provision of Onsite Car Parking Council policy.
Landscaping
Probable Solution S1.1 of the Landscaping Code requires a minimum area of 10% (65m2) of the site to be landscaped, with the following minimum dimensions:
Frontage— average width of 2m; and
Side or rear boundaries—3m width along all boundaries that adjoin land in a residential zone.
The original development permit did not condition any onsite landscaping requirements, and historically, the site has developed to be entirely impervious, with no landscaping provided on site.
It is considered that the site is relatively constrained in regard to opportunities to provide landscaping. It is noted a number of properties along the eastern side of Thomas Street have been developed with no or very limited landscaping provided onsite. There is limited landscaping provided along the centre strip of car parking along Thomas Street, adjacent to the subject site, providing some amenity to pedestrians.
The proposal plans do however include a 1.3m deep landscaped setback located on a portion of the site’s frontage to Thomas Street (in front of the outdoor use area). Given the limitations of the site for the provision of soft scape, the proposed garden bed would provide a visual improvement to the site and result in a better overall outcome. The garden bed has been conditioned as part of this approval which includes appropriate species and spacing to provide an improved street presentation.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
Public Notification
Not applicable
conclusion & REASONS FOR DECISION
The proposed development seeks approval for a Material Change of Use to establish a Food and Drink Outlet and to preserve existing use rights for a Shop over tenancy 1 located at 10 Thomas Street, Noosaville (Lot 1 SP100808). No building works are proposed, and the application only seeks approval for the change of use.
A Food and Drink Outlet is code assessable development within the Tourist Accommodation Zone and therefore the proposed use does not conflict with The Noosa Plan 2020. The applicant has proposed a landscaped bed as an embellishment to the site which would provide a visual improvement to Thomas Street.
The proposed use triggers one additional car space pursuant to the parking ratio under The Noosa Plan 2020. The applicant has proposed to enter into an Infrastructure Agreement to pay a contribution in lieu for the one space shortfall.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Support		Director		Director
			Community Development		Financial Services
			Community Facilities		Fleet
			Libraries & Galleries		ICT
			Local Laws		Procurement
			Waste & Environmental Health		Property
					Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Director		Director		Director
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	10 august 2021

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Kitchen
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Area
10.7sq.m

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SITE LANDSCAPE PLAN
NOOSAVILLE PLAZA - GROUND FLOOR/ LEVEL A - 1/10 THOMAS ST, NOOSAVILLE

PLANTING
AREA 1

 

 

 

 

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RETAIN DARK PAVER BAND
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THOMAS ST