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4_DA Report_FINAL
Attached to the e-mail MCU18/0204 - Development Application - 6 Heron Street, Peregian Beach.
TOWN PLANNING
REPORT
6 HERON STREET,
PEREGIAN BEACH
P0002071
PREPARED FOR ANDEMA PTY LTD
181214_REPORT_FINAL
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URBIS STAFF RESPONSIBLE FOR THIS REPORT WERE: Director Ashley Lane Senior Consultant Jessica Carmichael Consultant Rose Moseley Project Code P0002071 Report Number 01 © Urbis Pty Ltd ABN 50 105 256 228 All Rights Reserved. No material may be reproduced without prior permission. You must read the important disclaimer appearing within the body of this report. urbis.com.au
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CONTENTS TABLE OF CONTENTS Executive Summary.......................................................................................................................................... i Introduction ...................................................................................................................................................... 3 1. The Site and Surrounds ..................................................................................................................... 4 1.1. Site Location ......................................................................................................................................... 4 1.2. Site Characteristics ............................................................................................................................... 4 1.3. Surrounding Context ............................................................................................................................. 5 1.4. Site History ............................................................................................................................................ 6 2. The Proposal ....................................................................................................................................... 8 2.1. Proposal Details .................................................................................................................................... 8 2.2. Proposed Nature of Development ........................................................................................................ 8 2.3. Rationale for Development ................................................................................................................... 9 2.4. Acoustic Assessment in Support of Proposal ..................................................................................... 10 2.5. Pre-Lodgement Discussions ............................................................................................................... 10 3. State and Regional Legislative Framework and Assessment ...................................................... 11 3.1. Legislative Framework ........................................................................................................................ 11 3.2. Assessment Benchmark - State Planning Policy................................................................................ 11 3.3. Assessment Benchmark - Regional Plan ........................................................................................... 13 3.4. State Assessment Referral Agency .................................................................................................... 13 3.5. Reasons for Referral Agency Decision ............................................................................................... 14 4. Assessment Benchmark - Local Planning Instrument ................................................................. 15 4.1. The Noosa Plan 2006 ........................................................................... Error! Bookmark not defined. 4.2. Definition ............................................................................................................................................. 15 4.3. Zoning ................................................................................................................................................. 15 4.4. Category of Development and Assessment ....................................................................................... 16 4.5. Overlays .............................................................................................................................................. 16 4.6. Codes .................................................................................................................................................. 17 5. Specific Outcomes ............................................................................................................................ 18 5.1. Height .................................................................................................................................................. 18 5.2. Site Cover, GFA and Plot Ratio .......................................................................................................... 19 5.3. Roof Form ........................................................................................................................................... 21 5.4. Car Parking ......................................................................................................................................... 22 6. Conclusion ........................................................................................................................................ 24 Disclaimer ....................................................................................................................................................... 25 Appendix A Title Documents Appendix B Planning Scheme Code Assessment Appendix C State Assessment and Referral Agency Assessment Appendix D Architectural Plans Appendix E Architectural Design Rationale Appendix F Acoustic Assessment URBIS 181214_REPORT_FINAL
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EXECUTIVE SUMMARY
SITE AND PROPOSAL DETAILS
Key Information Proposal Detail
Address of Site 6 Heron St, Peregian Beach
Real Property Description Lot 69 P9313
Total Site Area 271m2
Local Government Noosa Shire Council
Planning Scheme / Local The Noosa Plan 2006
Government Categorising
Instrument
Zone and Precinct Neighbourhood Centre
Neighbourhood Plan Eastern Beaches
Purpose Development Permit for Material Change of Use for Business Uses
(Commercial business Type 1 - Office, Entertainment and dining business
Type 1 - Food & beverages and, Retail business Type 2 – Shop & salon)
General Description of Two storey commercial building (office, restaurant and shop) with roof top
Proposal terrace
Land Owner Andema Pty Ltd
Title documents are provided at Appendix A.
ASPECTS OF DEVELOPMENT
Type of Development Material Change of Use
Type of Approval Development Permit for Material Change of Use for
Business Uses (Commercial business Type 1 -
Office, Entertainment and dining business Type 1 -
Food & beverages and, Retail business Type 2 –
Shop & salon)
Category of Development Assessable Development
Category of Assessment Code Assessment
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APPLICANT DETAILS
Applicant Urbis Contact Details Urbis Reference Number
Andema Pty Ltd c/- Urbis Pty Ltd Jessica Carmichael / Rose Mosley P0002071
[email protected]
[email protected]
(07) 3007 3800
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INTRODUCTION Urbis Pty Ltd, has prepared this development application on behalf Andema Pty Ltd (‘the Applicant’). The development is for the purpose of Development Permit for Material Change of Use for Business Uses (Commercial business Type 1 - Office, Entertainment and dining business Type 1 - Food & beverages and, Retail business Type 2 – Shop & salon). The land the subject of this development application comprises 6 Heron St, Peregian Beach formally described as Lot 69 on P9313 (‘the site’). This report addresses the merits of the development with regard to the assessment benchmarks under the Noosa Plan 2006 and the relevant sections of the Planning Act 2016. For the purpose of this report, the Noosa Plan 2006 will be referred to as the ‘Planning Scheme’ and the Planning Act 2016 will be referred to as ‘the Planning Act’. This report is accompanied by and should be read in conjunction with the following drawings and technical reports: • Appendix A – Title Search; • Appendix B – Planning Scheme Code Assessment; • Appendix C – State Assessment and Referral Agency Assessment; • Appendix D – Architectural Plans prepared by Cox Architecture; • Appendix E – Architectural Design Rationale prepared by Cox Architecture; • Appendix F – Acoustic Assessment prepared by Renzo Tonin and Associates. The assessment of the application is to be undertaken in accordance with Section 45(3) of the Planning Act and Sections 26 and 27 of the Planning Regulation 2017. This report provides the applicant’s assessment against these provisions and concludes that the development is appropriate, generally consistent with State legislative framework, the existing Planning Scheme controls and intent for the area, and is not anticipated to impact upon the amenity of the locality. Council’s approval of the application is therefore sought, subject to relevant and reasonable conditions. URBIS 181214_REPORT_FINAL THE SITE AND SURROUNDS 3
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1. THE SITE AND SURROUNDS
1.1. SITE LOCATION
The site of the development application is 6 Heron Street, Peregian Beach and is formally described as Lot
69 on P9313. The location of the site and its frontage to Heron Street and Kingfisher Drive is shown in
Figure 1.
Figure 1 – Site Location
Source: Nearmap, 2018
1.2. SITE CHARACTERISTICS
The site over which this application is made comprises of a single land parcel, with a total area of 271m2.
The site is regular in shape with a frontage to both Heron Street (approximately 32 metres) and Kingfisher
Drive (approximately 12 metres) The site contains a vacant convenience store in the Peregian Shopping
Centre and shares car parking and landscaping with the existing centre. The existing store will be removed
as a part of the development of the site.
Photographs of the site are shown in Figure 2 overleaf.
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Figure 2 Site Photographs
Picture 1 – View from corner of Heron Street and Picture 2 – View from Kingfisher Drive (in front of the
Kingfisher Drive Peregian Beach Surf Lifesaving Club)
Picture 3 – Park frontage to the existing shop Picture 4 – View from Kingfisher Drive (with adjoining
development)
1.3. SURROUNDING CONTEXT
The land immediately surrounding the site is characterised by commercial and retail buildings, within the
Peregian Beach neighbourhood centre. Specifically, the nearby uses include the following:
• North – immediately to the north, the site is bounded by main pedestrian route and Heron Street.
• East – the site is bounded to the east by Kingfisher Drive and Peregian Beach Surf Life Saving Club.
Further east is Peregian Park and Peregian Beach.
• South – the adjoining use (as well as further along Kingfisher Drive) are restaurant/cafes and retail uses.
• West – immediately to the west, the site contains more restaurant and retail uses. Bounded by David
Low Way, there are further retail uses within the Neighbourhood Centre. Further to the west, across
David Low Way is the Peregian Beach IGA, the Peregian Beach Hotel and other retail facilities.
Photographs of the surrounding context of the site are included in Figure 3 below.
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Figure 3 – Photographs of the surrounding context of the Site
Picture 1 – Shops along Kingfisher Drive Picture 2 – Shop along Kingfisher Drive with third storey
component
Picture 3 – 2 Storey shops with services on roof Picture 4 – 2 storey shops
Picture 5 – Peregian Beach Surf Club
1.4. SITE HISTORY
The site benefits from a history of development approvals and this history is detailed in Table 1 below.
Table 1 – Approval History for the Site
Council Description Status Approval
Reference Date
MCU11/0266 Development Permit for Material Change of Use of Approved 5 June 2012
Premises (Business Type 1 Office, Entertainment and
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Council Description Status Approval
Reference Date
Dining Business Type 1 Food & Beverage & Retail
Business Type 2 Shop & Salon)
MCU11/0266.01 Extension to relevant period - 6 Heron St PEREGIAN Approved 7 April 2016
BEACH - Restaurant, Shop & Office - Dave Maloney
Investments Pty Ltd
MCU11/0266.02 Change to existing approval - 6 Heron St PEREGIAN Application Submitted 02
BEACH - Restaurant, Shop & Office - Dave Maloney Stage May 2012
Investments Pty Ltd - KHA Development Managers
(Application to
be withdrawn)
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2. THE PROPOSAL
As previously outlined, this application is for a business use (retail, office and food and beverage) within an
existing neighbourhood centre. The details of the proposal are outlined below, with a comparison against the
previously approved development on the site.
2.1. PROPOSAL DETAILS
Table 2 – Proposal Details
Parameter Proposed Development Previously Approved Development
(Council Ref: MCU11/0266)
Defined land uses Commercial Business - Type 1 Office Commercial Business - Type 1 Office
Entertainment and Dining Business - Type 1 Entertainment and Dining Business - Type 1
Food & Beverage Food & Beverage
Retail Business - Type 2 Shop & Salon Retail Business - Type 2 Shop & Salon
Gross floor area Office: 88 m² Office: 222 m²
(GFA) (m2)
Food and Beverage: 149 m² Food and Beverage: 226 m²
Retail: 73 m² Retail: N/A
Total use area: 310 m² Total use area: 454 m²
Site area 271m2 271m2
Site coverage 83% (existing building = 93%) 83%
Building height Parapet: 8.0m Parapet: 8.0m (no lift included, approved
building not compliant with Building
Roof Services: 8.8m (not visible from street)
Regulations).
Roof terrace Amendment to design intent compared with Supported by Council.
previous proposal (refer to further justification
in this report and supporting information
prepared by Cox Architecture)
Car parking (1 No change to previously approved approach, Carparking credit agreed with Council based
space per 20m2) proposal requires less parking than previously on existing use.
approved.
Servicing No change to previously approved approach. Refuse store located on Kingfisher Drive
frontage.
2.2. PROPOSED NATURE OF DEVELOPMENT
The proposal comprises a new building with a variety of business uses within the neighbourhood centre. It
will comprise a two storey commercial building (uses to include office, restaurant and shop) with a roof top
terrace, to be used in association with the restaurant.
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The development comprises of following:
• Ground floor
o 79 m2 restaurant with a 24m2 external dining area;
o 10 m2 area for a potential café; and
o 48 m2 and 25m2 retail areas.
• Upper floor
o Additional 60m2 restaurant space; and
o Three office units (totalling 88m2);
• Roof top
o 66m2 roof top terrace area.
Figure 4 – Site Layout Plan
Source: Cox Architecture, 2018 – Site Plan
Refer to proposed plans, included at Appendix D for further detail.
2.3. RATIONALE FOR DEVELOPMENT
The proposed development will have a high level of streetscape character and building design to enhance
the vibrancy of the existing town centre. Outlined within the Tourism Noosa Annual Report 2017-18, there
has been a steady growth of 18.5% of overnight visitors in Noosa over the last 4 years (2015-2018). It is
expected to continue to grow with approximately 2.9 million people visiting Noosa in 2022 (Tourism Noosa
Strategy, 2017).
The proposal seeks to enhance the local business offering by providing visitors and locals of Peregian Beach
a mix of office, retail, entertainment and dining services. As the growth in visitors increases, there will be the
need to uphold the expectation of Noosa Shire’s internationally recognised innovation and lifestyle.
The co-location of these types of activities within the existing Peregian Shopping Centre assists in creating
greater economic and employment opportunities for the community. Through the incorporation of high quality
design and environmental values, the proposal strengthens the existing business offerings whilst keeping in
character with the local identity.
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2.4. ACOUSTIC ASSESSMENT IN SUPPORT OF PROPOSAL
An Acoustic Assessment prepared by Renzo Tonin and Associates addresses the relevant noise provisions
of the planning scheme and demonstrates that all noise criteria will be met, through the restriction of hours of
operation of the roof terrace from 7am – 9pm each day. Refer to Appendix F for a complete copy of the
report.
This report has also recommended that the development is subject to a requirement by condition, to
implement a noise management plan in order to manage any potential complaints related to the roof terrace.
2.5. PRE-LODGEMENT DISCUSSIONS
Urbis understands that various pre-lodgement discussions between the previous consultant and the council
were carried out during 2017 and into 2018. These discussions related to the design, the land use,
approach to car parking, the building height and use of the roof terrace as well as acoustic requirements.
This new development application has sought to respond to all issues that have been previously discussed
and put forward a development that is able to be supported by the Council.
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3. STATE AND REGIONAL LEGISLATIVE FRAMEWORK
AND ASSESSMENT
3.1. LEGISLATIVE FRAMEWORK
3.1.1. The Planning Act 2016
The purpose of the Planning Act is to facilitate the achievement of ecological sustainability by establishing an
efficient, effective, transparent, coordinated and accountable system of land use planning, development
assessment and related matters.
This application includes Material Change of Use components which is an assessable development. A
Development Permit for the Material Change of Use is therefore required prior to the commencement of the
use.
The Noosa Plan 2006 (‘Planning Scheme’) states that the proposed Material Change of Use development is
subject to code assessment. Code assessment is to be undertaken in accordance with Section 45(3) of the
Act. A code assessment must be carried out against the assessment benchmarks in the Planning Scheme
and have regard to any matters prescribed by regulation for paragraph 45(3)(b) of the Act.
3.2. ASSESSMENT BENCHMARK - STATE PLANNING POLICY
The State Planning Policy (‘SPP’) was introduced on 3 July 2017 as part of a new State planning system.
The SPP defines the Queensland Government’s policies about matters of state interest in land use planning
and development, and provides direction for the preparation of local planning instruments and assessment of
development applications. The SPP also includes assessment benchmarks for some development
applications, if a planning scheme does not appropriately integrate the relevant state interest.
The SPP provides supporting mapping to assist in spatially representing policies and requirements contained
within the SPP. A comprehensive overlay map of state planning interests is provided in Figure 5 and Figure
6.
The mapping indicates that the following SPP matters apply to the site:
• Natural Hazards (Flood Hazard Area - Local Government Flood Mapping Area and Erosion prone area);
and
• Strategic Airports and Aviation Facilities – where any part of the land is within the wildlife hazard buffer
zone of a strategic airport and the obstacle limitation surface.
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Figure 5 – SPP Mapping – Natural hazards risk and resilience
Figure 6 – SPP Mapping – Strategic airports and aviation facilities
It is noted that the applicable Planning Scheme, the Noosa Plan 2006, has not been prepared to fully reflect
the SPP, and assessment of any proposed development against the Planning Scheme will therefore require
assessment against the SPP.
The SPP contains assessment benchmarks that are expressed as performance outcomes for the purpose of
development assessment. Importantly, these assessment benchmarks apply to the extent the SPP has not
been identified in the Planning Scheme as appropriately integrated in the Planning Scheme. An assessment
of the proposed development against the state interest triggers is included in Appendix C.
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The proposed development has been assessed against, and demonstrated to comply with the SPP
assessment benchmarks for Natural hazards, risk and resilience and Strategic airports and aviation
facilities. These SPP matters have no impact on the proposed development.
3.3. ASSESSMENT BENCHMARK - REGIONAL PLAN
3.3.1. South East Queensland Regional Plan 2017
The South East Queensland Regional Plan 2009-2031 (‘SEQ Regional Plan’) was released in August 2017.
The purpose of the SEQ Regional Plan is:
…to manage regional growth and change in the most sustainable way to protect and enhance
quality of life in the region.
In order to achieve this purpose, the SEQ Regional Plan sets forth a land use pattern. The site is located
within the Urban Footprint, which identifies land predominantly allocated to provide for the region’s urban
development needs to 2031. The proposed development is consistent with the Urban Footprint designation
of the site.
3.4. STATE ASSESSMENT REFERRAL AGENCY
The State Assessment and Referral Agency (‘SARA’), introduced on 1 July 2013, seeks to deliver a
coordinated, whole-of-government approach to the state’s assessment of development applications. The
State Development Assessment Provisions (‘SDAP’) is an outcome of the SARA and a statutory instrument
made under the Act which sets out matters of interest of the state for development assessment, where the
chief executive of administering the Act is the assessment manager or a referral agency.
Importantly, the SDAP provide assessment benchmarks for the assessment by the chief executive or a
referral agency and provides applicants with the opportunity to address performance criteria to demonstrate
that a development appropriately manages any impacts on a matter of state interest, and/or protects a
development from impacts of matters of state interests.
An extract of the SDAP Mapping is shown in Figure 7 below. An assessment of the proposed development
against the State Assessment criteria for the relevant referral agency role is included at Appendix C. This
assessment reveals that the proposal requires referral to SARA for the following matters:
Planning Regulation 2017 Reference Trigger
Schedule 10, Part 4, Division 2, Table 1 Premises contaminated because of unexploded ordnance
Figure 7 SDAP Mapping Extract - UXO
An assessment of the State Development Assessment Provisions (SDAP) indicates that the development
needs to be assessed against the following State codes:
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• State Code 13: Unexploded ordnance
Assessment against the relevant State Code is included at Appendix C.
3.5. REASONS FOR REFERRAL AGENCY DECISION
The list below sets out a summary of reasons for the referral agency to consider. This is included in this
report in order to assist the relevant department in writing their Referral Agency Response, as set out in
section 55(2) of the Act. The reasons for referral are:
• Unexploded ordinance (‘UXO’) is considered a contaminate under Section 11 of the Environmental
Protection Act 1994;
• The subject site is located on a parcel of land within the potential for UXO contamination;
• The site has been developed and used to date;
• The site has been referred previously to the Department of Environment and Resource Management and
conditions have been imposed (ref: Project No. 381926) dated 03 February 2012.
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4. ASSESSMENT BENCHMARK - LOCAL PLANNING
INSTRUMENT
4.1. NOOSA PLAN
The Noosa Plan 2006 (version 28/8/16) (‘Planning Scheme’) is the local planning instrument that is used to
assess the proposed development. The following sections of this report provide an assessment of the
proposed development against the assessment benchmarks under the Planning Scheme.
4.2. DEFINITION
The primary use of the proposed development is identified within the Planning Scheme as ‘Business uses
(Commercial business Type 1 - Office, Entertainment and dining business Type 1 - Food & beverages and,
Retail business Type 2 – Shop & salon)’ and the activity group of ‘Business Uses’ which are identified within
the Planning Scheme as follows:
Commercial Business: means the conduct of a business activity, where a service is offered or provided and
that service is not more clearly defined by other business or community uses. The term includes the following
types:
• Type 1 Office – The use of premises for a commercial business conducted in an office environment.
The use includes a bank, professional office, travel agent, and estate sales office
Entertainment and Dining Business: means the conduct of a business activity, where entertainment,
amusement, recreation or meals are afforded. The term includes the following types:
• Type 1 Food & Beverage – The use of premises involving the sale of food and beverages for
consumption on the premises. The use class includes a function room or restaurant or café with dining
facilities for 10 or more people
Retail Business: means the conduct of a business activity, where goods or services are displayed or offered
for sale to the public. The term includes the following types:
• Type 2 Shop & Salon – The use of premises for an activity that is generally found in a shopping
complex, strip or centre. The use includes a shop, hairdressing salon, appliance repairs, alterations, dry
cleaning and a café with dining facilities for up to 10 people.
The Business use has been included in this application to ensure flexibility in leasing the proposed mix of
tenancies of the building. The proposal has therefore been referred to throughout the application as Material
Change of Use – Business uses.
4.3. ZONING
Under the Planning Scheme, the development site is included in the Neighbourhood Centre Zone in the
Eastern Beaches Locality as shown in Figure 8, below.
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Figure 8 – Site Zoning
Source: Noosa Shire Council PD Online
The overall outcomes for the Neighbourhood Centre Zone is as follows:
(a) the Peregian Beach and Sunrise Beach neighbourhood centres form focal points for the communities
providing local shops, offices, restaurants and limited higher order functions to support the day to day
needs of residents and visitors;
(b) retail, commercial and medical functions are of a convenience nature and residents will access higher
order goods and services at Noosa Heads, Noosaville or outside of Noosa Shire
(c) Business Uses are of a scale and character consistent with the locality and the commercial and retail
hierarchy of Noosa; and
(d) development provides for strong pedestrian and visual connections between private development and
adjacent public spaces.
The proposed development is consistent with the intent of the Neighbourhood Centre Zone by providing a
range of uses and functions to support the community. The proposal provides a mix of office, restaurant and
various retail uses whilst improving the public amenity in a visually pleasing development. Overall, the
development delivers the outcomes sought by providing amenity and capitalising on the character of the
locality.
4.4. CATEGORY OF DEVELOPMENT AND ASSESSMENT
4.4.1. Category of Assessment
The Planning Scheme determines the Category of Assessment for the application.
The following category of assessment applies:
Material Change of Use – Business Uses – Code Assessment if “one of the following and
involving any new buildings or the expansion of buildings or outdoor use area – Commercial
Business, Entertainment and Dining Business Type 1 or Retail Business Type 1, 2 or 7.”
Consequently, the proposal is subject to Code Assessment.
4.5. OVERLAYS
A thorough review of the Planning Scheme has been conducted and it has been identified that there are no
Overlays applicable to this application.
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4.6. CODES The following Assessment Benchmarks are considered relevant to the proposed development: Table 3 – Relevant Codes Relevant Codes Eastern Beaches Locality Code Business Uses Code Building Works Code Landscaping Code A comprehensive assessment of the proposed development against the relevant codes is attached at Appendix B of this report. The proposal does not compromise the purpose of the codes and is capable of fulfilling all relevant Specific Outcomes or associated Probable Solutions. URBIS 181214_REPORT_FINAL ASSESSMENT BENCHMARK - LOCAL PLANNING INSTRUMENT 17
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5. SPECIFIC OUTCOMES
The Noosa Plan is a performance based Planning Scheme. In this regard, development codes contain both
Probable Solutions and Specific Outcomes. Specific Outcomes are considered to be overarching guidelines
for development. The Probable Solutions are prescriptive measurable criteria for development and
represent one way of achieving Specific Outcomes.
A development is deemed to comply with the Specific Outcomes if:
• The Probable Solution to the Specific Outcome is complied with; or
• Sufficient information is provided to demonstrate the criterion has been met in another way.
Overall, the proposal does not compromise the purpose of the Planning Scheme or the relevant codes;
however, four key Specific Outcomes are sought relating:
(a) Height
(b) Site cover, GFA and plot ratio
(c) Roof form
(d) Car parking.
The below examines the relevant Probable Solution and the Specific Outcome with corresponding detailed
justification.
5.1. HEIGHT
Probable Solution S4.1 of the Eastern Beaches Locality Code, is as follows:
S4.1 Buildings and other structures have a maximum height of —
a) if in the Attached Housing Zone and located in Sunshine Beach—12m;
b) if in the Visitor Mixed Use Zone— 12m, except for Lots 75-77 Heron Street, Peregian
Beach—8m;
c) if in the Open Space Recreation Zone or the Community Services Zone and used for an
indoor sporting complex—11m;
d) if in the Rural Settlement Zone—8m, or 9m where the pitched roof but no other part of the
building or structure exceeds 8m; or
e) in all other zones— 8m.
While the proposed building is predominantly within the prescribed 8m height limit, the lift overrun extends
beyond this to 8.8m. As such, the Specific Outcome (below) is relevant.
Specific Outcome O4 of the Eastern Beaches Locality Code states that:
O4 Buildings and other structures—
a) are low rise and present a building height consistent with structures on adjoining and
surrounding land;
b) do not exceed a maximum height of—
i. For the Attached Housing Zone within Sunshine Beach—3 storeys;
ii. For the Visitor Mixed Use Zone—3 storeys, except for Lots 75-77 P9311 Heron
Street, Peregian Beach—2 storeys; or
iii. For any other zone— 2 storeys;
c) do not visually dominate the street, adjacent properties, surrounding spaces or the existing
skyline;
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d) preserve the amenity of surrounding land, including existing sunlight to neighbouring
properties; and
e) respect the scale of the dune and coastal vegetation.
Response:
The proposed building is considered to meet the Specific Outcome as follows:
• The building is low rise and is consistent with all buildings within the Peregian Beach neighbourhood
centre. Two street height studies have been prepared by Cox Architecture demonstrating that the
building is appropriate within the existing setting. There are a number of two storey buildings (e.g.
on the opposite corner of Heron Street) with roof elements that extend higher than the proposed
building.
• The proposed building is two storeys, with a roof terrace associated with the restaurant. This accords
with the definition of storey as set out in the Planning Scheme1.
• The Peregian Beach neighbourhood centre contains a number of commercial/business buildings that
are either one or two storeys in height. The proposal does not visually dominate the street, adjacent
properties, surrounding spaces or the existing skyline. An examination of the existing built form
(refer to the street height studies prepared by Cox Architecture) has indicated that the proposal is
proportionate to the existing scale, surrounding spaces and context.
It is important to note that the element of the building that extends beyond the 8m height limit is not
visible by a pedestrian or resident standing on Heron Street or Kingfisher Drive, thereby ensuring
that the building is not visually dominating. Instead, it is a high quality proposal suitable for the
neighbourhood centre, seeking to revitalise a vacant one storey commercial site.
• Cox Architecture have sought to carefully design the proposed building in order to preserve the
amenity of the neighbourhood centre. Consideration has been given to the existing sunlight to
neighbouring properties. The building directly adjacent to the site is a one storey building housing a
bakery with a frontage directly to Kingfisher Drive. There will be no adverse impact on this building
as a result of the proposal.
• The proposal, comprising location appropriate materials including recycled timber, solar panels and
glass, respect the scale of the dune and coastal vegetation. The addition of this building, in place of
the vacant convenience store will be more sensitive and in keeping with the character of the
neighbourhood centre.
Refer to Appendix D and E for the proposed plans and architectural statement.
5.2. SITE COVER, GFA AND PLOT RATIO
A probable solution for site cover, GFA and plot ratio is not prescribed, therefore the proposal is required to
be assessed against the relevant Specific Outcome.
Specific Outcome O6 of the Eastern Beaches Locality Code states that:
The site cover, gross floor area and plot ratio of buildings and other roofed structures—
a) results in a building scale that is compatible with surrounding development;
b) does not present an appearance of excessive bulk to adjacent properties, roads or other
1 Storey means that space within a building which is situated between one floor level and the floor level next above, or if
there is no floor above, the ceiling or roof above and includes a space for the accommodation of vehicles. Any such
space that exceeds a vertical dimension of 5m comprises more than 1 storey.
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areas in the vicinity of the site;
c) maximises the retention of existing vegetation and allows soft landscaping between
buildings;
d) allows for adequate area at ground level for outdoor recreation, entertainment, clothes
drying and other site facilities; and
e) facilitates onsite stormwater management and vehicular access.
Response:
The proposed building is considered to meet the Specific Outcome as follows:
• As mentioned in section 5.1 above, the proposed building is compatible with the surrounding
development and is entirely appropriate within the Peregian Beach neighbourhood centre. Two
street height studies have been prepared by Cox Architecture demonstrating that the building is
appropriate within the existing setting. The proposal, by nature of its building height and design,
makes a positive contribution to the character and appearance of the neighbourhood centre.
• The proposed building, with the exception of the lift overrun, complies with the two storey and 8m
height limit requirements. It is appropriate in the neighbourhood centre setting and does not present
an appearance of excessive bulk to adjacent properties. The street height studies demonstrate that
the building, as proposed, fits within the context, and is lower than some existing buildings within the
centre.
• The existing context of the building on the site, with 93% site cover, limits opportunities for soft
landscaping between buildings. This is common within the neighbourhood centre. However, the
proposed materials will soften the appearance of the site and the reduction in site cover (to 83%)
enables articulation to occur in the façade of the building with opportunities for soft landscaping on
each storey and the roof terrace, particularly at the ground floor. The floor plans and street
perspectives indicate how this is intended to look, ensuring a high quality addition to the
neighbourhood centre. The interface between the building and the street, both on Heron Street and
Kingfisher Drive is improved, when compared with the previously approved scheme.
• The proposed building, located on a corner site, facilitates interaction with the street on the northern,
eastern and western sides. A restaurant tenancy fronting Heron Street and Kingfisher Drive
facilitates interaction with the street at the eastern end of the building while the proposed retail
tenancies at the western end of the building will facilitate footfall and pedestrian traffic from Heron
Street and through the rear alley way. The building will include an awning to provide shade for
pedestrians and visitors to the neighbourhood centre, creating a positive environment in which
people will linger.
• The building facilitates onsite stormwater management and will be serviced from Kingfisher Drive.
This is the same as was agreed as part of the previously approved development.
Specific Outcome O10 of the Eastern Beaches Locality Code states that:
O10 For the Neighbourhood Centre Zone the maximum plot ratio is as follows—
(a) 0.8:1 for site areas up to and including 2000m2; and
(b) 0:3:1 for that area of a site in excess of 2,000m2.
Response:
The proposed plot ratio for the development is calculated at 1.69:1, which is less than the previously
approved scheme (1.93:1). It is noted that a review of recent development approvals within Peregian Beach
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Square has demonstrated that the increase in plot ratio is consistent with the overall scale of surrounding
buildings. Examples of developments within the locale include:
• 8 Kingfisher Drive (MCU06/0219) – Approval for a 2 storey building on a vacant site with 2 restaurants, 1
shop and 3 office tenancies. The plot ratio of the development was 1.13:1
• 216 David Low Way (MCU06/0215) – Approval for a 2 storey mixed use development including shop,
office and caretakers residence. The development was approved under the Superseded Scheme, which
included density bonuses, the following grounds were considered to justify the plot ratio exceeding the
0.8:1 requirement of The Noosa Plan
The comments in the officer’s report for the previously approved scheme confirmed that the deviance from
the plot ratio threshold was justified based on the high quality urban design outcomes that the building was
able to achieve. The same applies to this proposal. The increase in plot ratio is consistent with the overall
outcomes for the locality and does not present an appearance of excessive bulk in relation to adjacent
properties which satisfies Specific Outcomes O6.
5.3. ROOF FORM
Probable Solution S12.1 sets out:
S12.1 The main roof of the building has a roof pitch no less than 5 degrees and has minimum
600mm eaves to at least 75% of the perimeter of the building;
AND
S12.2 Buildings and structures do not include roof top terraces.
Response:
The proposal has been designed to incorporate a flat roof and a roof terrace, obscured by timber
panelling and soft landscaping. This is the same approach that was previously been approved by
Council in 2012. Despite the fact that the roof and roof terrace have previously been determined as
being acceptable, as the proposal does not meet the criteria set out above, it is also necessary to
consider the proposal against the Specific Outcome.
Specific Outcome O12 of the Eastern Beaches Locality Code states that:
O12 Roof forms—
a) contribute positively to the local skyline;
b) complement the beachside character of the locality;
c) use soft and articulated pitched or curved roof forms;
d) avoid low pitched (e.g. less than 5 degrees) or box profiles/parapets; and
e) do not create opportunities for residents to overlook the private open space areas of
neighbouring properties.
Response:
The proposed building is considered to meet the Specific Outcome as follows:
• As outlined previously in sections 5.1 and 5.2, the proposed building will contribute positively to the
surrounding context of the neighbourhood centre. The design, proposed uses and materials will ensure
that the building makes a positive contribution, not only in built form terms but to the economic vitality of
the centre as well.
The element of the building that exceeds the 8m height limit (the lift overrun only) is not visible from the
street and will have no impact on the local skyline. The street height studies prepared by Cox
Architecture clearly demonstrate this.
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• The proposed materials, including recycle timber, glass and significant amounts of soft landscaping
within the facades of the building complement the beachside character of the locality. It is also a vast
improvement when considered in the context of the existing vacant, convenience store which makes
minimal contribution to the local beachside character.
• The spacing between the timber panelling on the façade creates the feeling of an open and inviting
beachside building and in line with the wording of the specific outcome, avoids a ‘box profile.’
• In amenity terms, there is no opportunity for overlooking from the roof terrace as it is set back from the
edge of the building and screened by the timber panelling. A noise assessment has also been
undertaken in order to ensure the robustness of the proposal. Refer to section 2.4 of this report for the
recommendations.
• It is also important to note that there are no adjoining residential dwellings that will be impacted as the
site is within the neighbourhood centre and located on a corner.
5.4. CAR PARKING
Probable Solution S9.1 sets out:
Off street carparking is provided at a rate of 1 space per 20m2 of gross floor area;
Response:
The location of the site within the neighbourhood centre, coupled with the existing development in the area
means that existing sites are unable to provide on-site car parking in the Peregian Beach neighbourhood
centre. Land available in the neighbourhood centre is populated by buildings with high site cover, fostering a
respected pedestrian locale, ideal for residents and tourists.
The provision of off street car parking, as is required in the above probable solution would threaten the
vitality of the neighbourhood centre as a destination. Further, it is noted that recent development, for
example at 8 Kingfisher Drive, have not provided off street parking.
As the proposal does not meet the criteria set out above, it is however necessary to consider the proposal
against the Specific Outcome.
The proposed building is considered to meet the Specific Outcome as follows:
Specific Outcome O9 of the Business Uses Code states:
O9 Sufficient carparking is available to accommodate the number and type of vehicles likely to
be generated by the uses on the site.
Response:
Peregian Beach neighbourhood centre is a well-respected centre that displays high quality urban
design and prioritises pedestrian spaces and the local built form. The existing retail base is supported
by on-street parking around the edge of the centre, with most car parking spaces demonstrating a
high vehicle turn over during the day.
Due to the nature of the neighbourhood centre and the existing car parking, it was previously agreed
with Council that the existing convenience store use on the site had a car parking credit, within the
neighbourhood centre, of 15.2 spaces. This was then applied to the overall parking requirement, and
it was subsequently agreed between the applicant and Council that, due to the nature of the existing
on-street parking, that the overall parking demand would be absorbed into the existing parking.
Therefore, no additional parking (on-street or off-street) were required as part of the proposal.
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Table 4 below sets out a summary of the current proposal and the previously approved scheme. The table
compares the application of the car parking credit to both the previously approved and the proposed scheme
and demonstrates that the proposal will in fact yield a lower car parking requirement.
Table 4 Summary of Parking Requirements
Current proposal Previously approved scheme
Total use area 376sqm 454sqm
Car parking requirement 18.8 spaces (gross) 19.3 spaces (gross)
3.6 spaces (factoring in car 4.1 spaces (factoring in car
parking credit) parking credit)
Based on the previously approved development for the site and the parking strategy that has been
previously agreed, the revised proposal is providing an appropriate response to the constraints of the site
and the nature of the neighbourhood centre, similar to most developments within the Peregian Beach. The
parking demand created as part of the proposal is less than the previously approved scheme. On this basis,
it is reasonable to expect that the parking demand created as part of the development can be absorbed into
the existing centre parking, without the provision of additional parking.
Overall, the parking strategy is appropriate for the site and will maintain the existing high quality pedestrian
environment in the neighbourhood centre.
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6. CONCLUSION
Urbis Pty Ltd has been commissioned by Andema Pty Ltd to prepare this development application report for
the redevelopment of 6 Heron Street, Peregian Beach. The proposed development comprises a two storey
commercial building with retail, office and food and beverages uses. The proposal also includes a roof
terrace that is associated with the restaurant use, with limited hours of operation.
The proposal has been assessed against, and is able to fulfil the requirements of the Noosa Plan 2000. It is
a high quality, architecturally designed building, that will have a positive impact on the Peregian Beach
neighbourhood centre, both in terms of its appearance and proposed uses as well as its contribution to the
economic vitality of the area. In this regard, it is noted that:
• The proposal is an opportunity to revitalise a vacant commercial site on a prominent corner within the
neighbourhood centre with new business uses;
• It is a sensitively designed proposal that is of a size, scale and design that complements the setting of
Peregian Beach;
• The building design improves on the previously approved scheme, with the revised design encouraging
interaction at the ground floor, connecting the building to the natural surroundings in Peregian;
• Surrounding amenity will not be affected by the proposal as the building complies with the 8m height limit
(with the exception of the lift overrun) and has been subject to a noise assessment;
• The proposed tenancies (retail, restaurant and office) are entirely appropriate in the neighbourhood
centre location and complement the existing uses;
• The parking strategy for the proposal is utilising the same approach as was previously approved,
specifically the recognition of the parking credit for the existing commercial use; and
• The proposal represents sound planning, will not result in any potential adverse impacts on the amenity
of the surrounding environment, and is entirely appropriate in the context of the neighbourhood centre.
Based on the above conclusions, Urbis respectfully request that this development application be approved
by Council subject to reasonable and relevant conditions.
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DISCLAIMER This report is dated 17 December 2018 and incorporates information and events up to that date only and excludes any information arising, or event occurring, after that date which may affect the validity of Urbis Pty Ltd’s (Urbis) opinion in this report. Urbis prepared this report on the instructions, and for the benefit only, of Andema Pty Ltd (Instructing Party) for the purpose of Development Application (Purpose) and not for any other purpose or use. To the extent permitted by applicable law, Urbis expressly disclaims all liability, whether direct or indirect, to the Instructing Party which relies or purports to rely on this report for any purpose other than the Purpose, and to any other person which relies or purports to rely on this report for any purpose whatsoever (including the Purpose). In preparing this report, Urbis was required to make judgements which may be affected by unforeseen future events, the likelihood and effects of which are not capable of precise assessment. All surveys, forecasts, projections and recommendations contained in or associated with this report are made in good faith and on the basis of information supplied to Urbis at the date of this report, and upon which Urbis relied. Achievement of the projections and budgets set out in this report will depend, among other things, on the actions of others over which Urbis has no control. In preparing this report, Urbis may rely on or refer to documents in a language other than English, which Urbis may arrange to be translated. Urbis is not responsible for the accuracy or completeness of such translations and disclaims any liability for any statement or opinion made in this report being inaccurate or incomplete arising from such translations. Whilst Urbis has made all reasonable inquiries it believes necessary in preparing this report, it is not responsible for determining the completeness or accuracy of information provided to it. Urbis (including its officers and personnel) is not liable for any errors or omissions, including in information provided by the Instructing Party or another person or upon which Urbis relies, provided that such errors or omissions are not made by Urbis recklessly or in bad faith. This report has been prepared with due care and diligence by Urbis and the statements and opinions given by Urbis in this report are given in good faith and in the reasonable belief that they are correct and not misleading, subject to the limitations above. URBIS 181214_REPORT_FINAL DISCLAIMER 25
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APPENDIX A TITLE DOCUMENTS URBIS 181214_REPORT_FINAL APPENDICES [OCR of page images] APPENDIXA — TITLE DOCUMENTS URBIS APPENDICES
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APPENDIX B PLANNING SCHEME CODE ASSESSMENT
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APPENDIX C STATE ASSESSMENT AND REFERRAL
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APPENDIX D ARCHITECTURAL PLANS
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APPENDIX E ARCHITECTURAL STATEMENT URBIS 181214_REPORT_FINAL APPENDICES [OCR of page images] APPENDIXE ARCHITECTURAL STATEMENT URBIS APPENDICES
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APPENDIX F ACOUSTIC ASSESSMENT
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