MCU16/0070.01 Application For A Minor Change To A Development Approval For A Material Change Of Use Of Premises - Commercial Business Type 3 - Veterinary At 69 Mary Street, Noosaville · Attachment 2 - (MCU16-0070.01) - Officer'S Report

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•    where the original application was code assessable, the change would not cause the
     application to become impact assessable.
3.2. Statutory Instruments – Planning Scheme
The original application was lodged and assessed under the now superseded Noosa Plan 2006.
The Planning Act 2016 requires minor change applications to be assessed against the planning
scheme in effect at the time of the original application (Noosa Plan 2006), however Council may
give weight to the planning scheme in effect at the time of the minor change application being
lodged (Noosa Plan 2020).
The subject site was zoned Business Centre Zone and was within the Thomas/Mary Street Precinct
of Noosaville under Noosa Plan 2006. Under Noosa Plan 2020, the site is zoned District Centre
and is within the Mary Street Health and Wellbeing Precinct. A Veterinary service is a consistent
use on this site under both planning schemes.
Existing Condition 2
2.    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

        41045               A01     Site Plan, drawn by AM Designs                 14 June, 2016

        41045               A02     Ground Floor Plan, drawn by AM Designs         14 June, 2016

        41045               A02A Upper Floor Plan, drawn by AM Designs             14 June, 2016

        41045               A03     Elevation A & C, drawn by AM Designs           14 June, 2016

        41045               A04     Elevation B & D, drawn by AM Designs           14 June, 2016

      Development authorised by this approval must be undertaken generally in accordance with
      the Approved Plans listed within this Decision Notice.
Applicant’s Request
The applicant has requested that Condition 2 be amended to reflect the changes to the proposal
plans. The applicant has stated:
      The proposed additions would trigger the requirement for 1 additional car parking space to
      be provided onsite. The applicant seeks to provide a monetary contribution in lieu of
      physically providing this space in accordance with Council’s “Contributions in Lieu of the
      Provision of Onsite Car Parking Policy”. Consequently, the use would provide sufficient
      parking to meet its demand and having consideration to the availability of alternative parking
      and transport opportunities provided.
Assessment of Request
The proposal includes changes to the approved plans, including:




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                          Figure 1 – Approved & Proposed Ground Floor Plan




                           Figure 2 – Approved & Proposed Upper Level Floor Plan

Built Form
The proposed changes include an increase in the gross floor area from 183m2 to 240m2, noting
that Noosa Plan 2020 allows a maximum gross floor area of 300m2 for development within the
District Centre zone – Health and Wellbeing Precinct. The development also complies with site
cover requirements, with the code allowing a maximum of 50% site cover and the proposal being
approximately 29%. Additionally, the proposal complies with all setback requirements.
Carparking
Noosa Plan 2006 required a car parking rate of 1 space per 20m2 of GFA or 3 spaces per
veterinarian, which ever was the greater. The carparking provision for the original application was
based on GFA requirements, with a total of 10 carparks being required for the development, and
11 being provided.


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Under Noosa Plan 2020, carparking for a Veterinary Service is calculated at a rate of one space
per 20m2 of GFA only, consistent with the previous requirements for this development.
The change proposal, at 240m2, requires a minimum of 12 onsite carparks. The current
development includes 11 onsite carparks, with no additional onsite parking being proposed by the
applicant through the minor change application. The applicant has however requested to enter into
an Infrastructure Agreement to ‘provide a monetary contribution in lieu of physically providing this
space on site, in accordance with Council’s “Contributions in Lieu of the Provision of Onsite Car
Parking Policy”’. In this regard the applicant has signed an Infrastructure Agreement committing to
pay a total contribution of $17,963.00 for the shortfall.
Council’s Policy for Contributions in Lieu of the Provision of Onsite Car Parking outlines the
circumstances under which a monetary contribution might be made, defines how contributions are
to be obtained and expended and the contribution amount per space for each locality. The
application of the policy is at the full discretion of the Council since it must be through an
Infrastructure Agreement.
The policy states that Council may accept monetary contributions in lieu of on-site parking, despite
the requirements of the Noosa Plan, having regard to the following:
1.    The premises are significantly constrained in terms of having restricted access, a small site
      area with limited onsite manoeuvrability, located near a road intersection or otherwise
      encumbered and unable to be readily amalgamated with adjoining land;
2.    It is not practical or desirable from a town planning perspective to provide the required
      amount of car parking onsite due to the nature and type of development adjoining the land;
3.    It is in the community’s interest to provide for alternative car parking arrangements because
      of traffic and or pedestrian safety concerns that might be caused by the development;
4.    The provision of onsite car parking and access is not practical or desirable from a character
      perspective, being within a central area and where additional footpath crossovers would
      adversely impact upon the streetscape or result in the loss of significant road side vegetation;
5.    The locality would benefit more from improved public transport, pedestrian or cycle facilities
      compared to the provision of additional car parking onsite; and
6.    The development complies with the Noosa Plan or the Council has determined that there are
      reasons why the development should be approved despite any conflict with the assessment
      benchmarks, in accordance with section 63(5)(e) of the Planning Act 2016.
The subject site is significantly constrained, being small in area and already developed with a
building and onsite parking. Given the existing circumstances of the land and the proposed
changes to the development, it is not practicable or desirable to require additional on-site parking
from a character perspective, as the provision of additional carparking would likely result in the loss
of onsite screening vegetation along the Mary Street and Reef Street frontages, a prominent
intersection with the Noosaville locality.
In addition, although the proposed alterations and additions to the building result in an additional
consult room, theatre and office areas being provided, the additions are unlikely to result in a
significant increase in demand for the services being provided on site, rather will more comfortably
accommodate the existing services provided. As such, the proposed changes are unlikely to result
in a significant increase in carparking demand to that which is already experienced. Furthermore,
the subject site is prominently located within the Noosaville area, on the corner of two distributor
roads and with substantial on street parking along the southern side of Mary Street, is in a locality
that would benefit more from improved public transport, pedestrian or cycle facilities, compared to
the provision of additional car parking onsite.
Given the above, the proposal meets the circumstances under which a monetary contribution might
be considered. An additional condition is therefore included in the recommendation requiring the
applicant to comply with the requirements of any Infrastructure Agreement entered with the Council
with respect to the payment of car parking contributions.
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Landscaping
The proposal includes extensions to the upper level of the building out over the existing driveway
to the western boundary. The additions will require the removal of the existing vegetation along the
boundary for the length of the building (refer to Figures 7 - 9).




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                               Figures 7 – 9 – Existing onsite vegetation

Noosa Plan 2020 requires a minimum of 10% of the site to be landscaped (being 53.8m2) in the
District Centre zone. Despite the requirement to remove this existing vegetation, the proposal will
comply with the minimum requirements of Noosa Plan 2020, with in excess of 10% of the site
containing landscaping. Conditions have been included in the recommendation requiring a
minimum of 10% of the site is to be landscaped and that existing vegetation is retained, where not
required to be removed to accommodate the building extension.
4.    CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Other Referrals
The application was forwarded to the following internal Council specialists:
•    Development Engineer, Development Assessment
5.    CONCLUSION & REASONS FOR DECISION
The applicant seeks approval to renovate and extend the existing veterinary surgery on site, which
remains consistent with the zoning intent for the site. Whilst the building generally meets Planning
Scheme requirements, it does not comply with carparking. The proposed non-compliance is
considered acceptable due to the provision of an infrastructure agreement to address carparking
contributions.
The proposed minor change is therefore recommended for approval.




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Departments consulted:
    Office of the CEO, Mayor &               Community Services          Corporate Services
            Councillors
    Mayor & Councillors                   Director                    Director
    Chief Executive Officer               Community Development       Financial Services
    Executive Officers                    Sport & Active Lifestyles   Fleet
    Community Engagement                  Arts & Culture              Revenue Services
    People & Culture                      Community Connection        ICT
    Governance                            Customer Experience         Commercial Property
    Strategy & Environment &              Development & Regulation     Infrastructure Services
    Sustainable Development
    Director                          x   Director                    Director
    Strategic Land Use Planning       x   Development Assessment      Infrastructure Planning, Design
                                                                      and Delivery
    Economic     Development      &       Local Laws                  Civil and Asset operations
    Destination Management
    Environmental Services                Environmental Health        Asset Management
    Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                          Property / Permits          Disaster Management
                                                                      Waste




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