20230926_36-38 Duke St_Information_Request_Response (MCU23-0070)

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context analysis which demonstrates a proposed site cover of 70.7%. The site cover exceeds 45% but is substantially less
than both adjoining premises, which have site cover calculations of 92% and 75% respectively. Similarly, 44 Duke St
another small lot, based on our estimates has a site cover of approximately 85%. Hence, we contend that the prescriptive
performance outcome of 45% is inconsistent with the prevailing development occurring along the Duke Street tourist
precinct and undermines the ability to redevelop the site and other sites within the tourist accommodation precinct.

An extract of the relevant performance outcome (PO11) under the Tourist accommodation zone code is provided below:
        PO11
        The maximum site cover does not exceed:
            a) 45% in the Hastings Street mixed use precinct; or
            b) 45% where a mixed use development incorporating non-residential uses with frontage to:
                  i.   185-207 Gympie Terrace or, 235-257 Gympie Terrace, Noosaville; or
                 ii.   Thomas St, Noosaville; or
                iii.   Duke Street, Sunshine Beach; or
            c) 40% where not listed above.

There is no corresponding relevant acceptable outcome AO11 for mixed use development. Since the proposed
development is for a mixed-use development (incorporating commercial development) the appliable assessment
benchmark is 45% site cover. This is contrary to item 5 of the information request, which request that the proposal plans
be amended to 40% site cover, which is not applicable to the subject mixed-use development and is therefore considered
to be an oversight.

As mentioned throughout the lodgement material and illustrated in the accompanying plans, strict compliance with the
45% site cover requirement does not permit the site to be redeveloped in any commercially viable manner. As such, our
client is endeavouring to redevelop the site in a manner that is consistent with the existing built form occurring on
adjoining sites and the balance of the streetscape. Therefore, we are seeking a measured performance based solution,
which is consistent with the higher order planning intent for the zone, as outlined in the purpose and overall outcomes of
the Tourist accommodation zone code. Refer to the discussion of the overall outcomes below.

The proposed 72.1% site cover is generally consistent with the allowable site cover within ordinary centre zonings which
permit commercial on ground and residential above (mixed use development). For example, the neighbourhood and local
centre zones under the Noosa Plan, do not include any site cover requirements. Importantly, these small scale centre
precincts are characterised by a similar mixed use built form as that is permitted and established on Duke St as visitor
centre.

The primary purpose of site cover is to prevent excessive bulk and scale and ensures that adequate outdoor space is
provided or alternatively it is a means to contain the perception of the built form on the land (Plans in motion, 2020).
This matter is suitably addressed in part of PO10 of the zone code, an extract of which is provided below:

    PO10 Development:
        a) is of a scale compatible with surrounding development and the particular circumstances of the site; and
        b) does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site.




JFP Ref: M3024P                                                                                                               Page 6