DA Report Change Development Approval MCU16/0098.01

MCU16/0098.01 & OPW16/0183 - PERMISSIBLE CHANGE TO AN EXISTING APPROVAL FOR MATERIAL CHANGE OF USE FOR INDUSTRIAL BUSINESS TYPE 2 - NOOSA CHOCOLATE FACTORY, ANCILLARY CAFE & DWELLING UNIT AND ASSOCIATED OPERATIONAL WORKS AT 21 VENTURE DRIVE, NOOSAVILLE

Document information

Author	Development Planner, Wilhelm Koschade
Environment & Sustainable Development

Index	ECM / Application / MCU16/0098.1 & OPW16/0183

Attachments	1.	Proposal Plans
2.	Superseded Plans

APPLICATION DETAILS
Applicant	Building Suncoast Green
Proposal	Development Permit for Material Change of Use of Premises - Industrial Business Type 2, Entertainment & Dining Business Type 1 and Ancillary dwelling Unit & Operational Works for Stormwater, Landscaping, Carparking & Access.
Properly Made Date	23 June 2017
Decision Due Date	24 July 2017
Number of Submissions	Nil
PROPERTY DETAILS
Property Address	21 Venture Drive, Noosaville
RP Description	Lot 9 SP 216079
Land Area	1,663m²
Existing Use of Land	Vacant
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Not Applicable
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 December 2017 regarding Application No. MCU16/0098.01 and OPW16/0183 for a Permissible Change to the Existing Approval for a Material Change of Use for Industrial Business Type 2 – Noosa Chocolate Factory, Entertainment and Dining Business Type 1 – Food & Beverage, Ancillary Dwelling Unit and associated Operational Works, situated at 21 Venture Drive, Noosaville and:
A.	Amend condition 2 and 5 of approval MCU16/0098.01 to read as follows:
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
DA200-01	D	Ground Floor, drawn by Tim Stewart Architects	26.10.17
DA200-02	B	Mezzanine Floor, drawn by Tim Stewart Architects	24.10.17
DA300-01	B	Building Elevations (Eastern & Northern), drawn by Tim Stewart Architects	24.10.17
DA300-02	B	Building Elevations (Western & Southern), drawn by Tim Stewart Architects	24.10.17
The outdoor dining area must not exceed 40m2.
B.	Amend condition 28 of approval OPW16/0183 to read as follows:
Approved Plans
Development undertaken in accordance with this operational works 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
C001 Job No: SC-5734	A	Drawing Index and Standard Notes,  prepared by Empire Engineering	18/08/2016
C020 Job No: SC-5734	A	Siteworks and Drainage Plan,  prepared by Empire Engineering	18/08/2016
C025 Job No: SC-5734	A	Siteworks and Drainage Sections and Details,  prepared by Empire Engineering	18/08/2016
C030 Job No: SC-5734	A	Pavement Plan,  prepared by Empire Engineering	18/08/2016
C040 Job No: SC-5734	A	Sign and Linemarking Plan,  prepared by Empire Engineering	18/08/2016
PP01	B	Planting Plan, prepared by Exhibit Green Landscape Architects	21/11/17
C.	Add new condition 37 to approval OPW16/0183 to read:
The landscape plan must be amended to provide for:
The deletion of the stair access at the north-eastern corner of the site;
The landscaping strip to the Venture Drive frontage to be at least 2.0 metres in width and include 2 Pandanus tectorius (Screwpine), a mixture of large and medium sized shrubs and ground covers native to the locality.
A schedule of plants which provides for meaningful buffers and screening throughout the site resulting in a mix of trees, large shrubs, small shrubs, ground cover, grasses and sedges native to the locality.
D	Delete condition 29 of approval OPW16/0183.

REPORT
PROPOSAL
The application seeks a permissible change approval for external and internal alterations. The amended floor layout results in an overall increase to the Gross Floor Area (GFA) of the development by 58.3m2. Further details of the amended floor layouts are provided below in Table 1.
Table 1 – Amended Floor Layouts
Use	Approved Areas (m2)	Approved Carparking	Proposed Areas (m2)	Proposed Carparking
Industrial Business Type 2: Industrial Use Ancillary Administration Ancillary Retail	568.3 46.6 40.6	13 spaces	551.6 72.1 90	14 spaces
Caretakers Unit	28.4	1 space	34	1 space
Entertainment & Dining Type 1: Kitchen Café Area Outdoor Dining	16 24 20	- 2.4 spaces 2 spaces	14.5 - 40	- - 4 spaces
TOTAL:	743.9	18 spaces + 4 scooter spaces	802.2	18 spaces + 4 scooter spaces
Amendments to the building elevations are also proposed which the applicant suggests are resultant from the rebranding of the company (Noosa Chocolate). The new building will comprise lighter tones and colours and provides for some articulation to the northern elevation along Venture Drive and limited articulation along the elevation to Vision Court. Proposal plans are provided in Attachment 1 and the superseded approved plans provided in Attachment 2.
The applicant also wishes to obtain approval for various amendments to the approved landscape design, to complement the new building design, which namely comprises alternative species and pot sizes. The proposed landscaped areas and setbacks are generally retained in the same locations as per the original approval. Architectural renders of the approved and proposed building is provided below in Figure 1, 2, 3 and 4.

Figure 1 – Existing Approval (Venture Dr elevation)

Figure 2 – Existing Approval (Vision Ct elevation)

Figure 3 – Proposed Development (Venture Dr elevation)

Figure 4 – Proposed Development (Vision Ct elevation)

site details
Site Description
The site is a corner lot with a 58m frontage to Vision Court and 25m frontage to Venture Drive. The lot has a slight slope from the south to north with no existing vegetation. An existing easement is located on the northern side of the lot and runs to the site’s full frontage to Venture Drive.
Figure 5 below shows the site’s location.

Figure 5 – Locality Plan
Surrounding Land Uses
The site is within a recent subdivision located between Gateway and Venture Drive. The site is near the small industrial tenancies of Gateway Drive and the Project Avenue industrial area. Currently there is no development directly adjoining the site. Newly developed industrial businesses are located to the north and east of the site. Vacant industrial lots are located to the west and south.
Background
A Development Permit for Material Change of Use of Premises - Industrial Business Type 2, Entertainment & Dining Business Type 1 and Ancillary Dwelling Unit & Operational Works for Stormwater, Landscaping & Access was approved by Council on 17 November 2016
At the time the original application was publicly notified, 0 properly made submissions and 0 not properly made submissions were received.
The original development application was considered at Council’s Planning and Environment Committee meeting on 8 November 2016 as the entertainment and dining component of the development is recognised as an inconsistent impact assessable use. For this reason the proposed permissible change is being referred to Council for consideration.
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
Any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
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.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions
Statutory Instruments – Planning Scheme
Locality Provisions
Building Design
The proposed amended building design provides a mix of textured external building materials and detailing. The design is considered appropriate and unlikely to detract from the character of its locality being primarily industrial in nature. The proposed building aligns with the Specific Outcomes sought in the Noosaville Locality Code which requires “Buildings to be designed and sited to provide visual interest and amenity”.
Internal Floor Area
Approval is sought for an increase in GFA of 58.3m2 across the development. The additional GFA includes a 74.9m2 increase to the administration and retail component ancillary to the industrial business. The Noosa Plan defines an industrial business as:
“…the conduct of an industrial business activity, where goods or products are produced, manufactured, dismantled, altered, repackaged, repaired or stored at a scale of greater than that defined by retail business. The use includes the sale of goods, resulting from such operations, provided that sales space does not exceed 20% of the use area. Any space dedicated for administration or accounting work in connection with such operations does not exceed 20% of the use area.”
The proposed administrative component is equivalent to 13% of the total use area. The retail component is 16.3% of the total use area. Both areas remain below the allowable 20% for each use.
The application also intends to delete the approved café area however proposes to offset this loss with an additional 20m2 outdoor dining area. There is no net gain of the entertainment and dining component of the approval. The outdoor dining area comprises an unroofed outdoor landscaped area with seating. The area is partly paved with turf and is sited behind a landscape setback to the Venture Drive frontage.
The application includes the provision of 19 spaces (18 carparks and 4 scooter spaces) which satisfies the triggered carparking rate. The amendments to the internal floor areas raise no concern.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Landscaping Code
Engineering Works Codes
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Landscaping
The amendments to the landscape plan are not supported as the proposed layout substantially reduces the effectiveness of the landscaping as compared to the original approval. This is a result of the addition of a stair access and the inclusion of retaining walls adjacent to the front and north-eastern corner of the site and changes to the proposed planting regime. The original approval provided for a low height landscape wall in the north-east corner of the site and the landscaping included a combination of trees and large and medium sized shrubs. The landscape plan accompanying the application only provides for Pigface in the north-eastern corner of the site in the area between the retaining walls and the property boundary.
Accordingly it is recommended that new Condition 37 to the Operational Works approval be included to read:
37.	The landscape plan must be amended to provide for:
The deletion of the stair access at the north-eastern corner of the site;
The landscaping strip to the Venture Drive frontage to be at least 2.0 metres in width and include 2 Pandanus tectorius (Screwpine), a mixture of large and medium sized shrubs and ground covers native to the locality.
A schedule of plants which provides for meaningful buffers and screening throughout the site resulting in a mix of trees, large shrubs, small shrubs, ground cover, grasses and sedges native to the locality.

cONSULTATION
Referrals
The application was forwarded to the following internal Council specialists:
Environment Officer
conclusion
The application seeks a permissible change approval for various internal alterations to the floor areas of the approved building. The amended floor layout results in an overall increase to the GFA of the development by 58.3m2 which includes additional outdoor dining area associated with the entertainment and dining component. Additional retail and administration area is also proposed ancillary to the industrial business use.
As part of the rebranding of the company, aesthetic amendments to the building elevations are also proposed in combination with modifications to the landscaped design to complement the new building. The design utilises a mix of external finishes and tones and is unlikely to detract from the character of its locality. The proposed amended landscape plan is not supported and accordingly a new condition is proposed to address suitable buffers and screening.
Departments/Sections Consulted:
x	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	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	12 DECEMBER 2017

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