20230926_36-38 Duke St_Information_Request_Response (MCU23-0070)

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Response
The revised plans demonstrate a compliant plot ratio of 0.8/1 as calculated in accordance with gross floor area and plot
ratio definitions included within the Noosa Plan.

The Noosa Plan 2020 planning scheme defines “plot ratio” and “gross floor area” as follows:

         plot ratio means the ratio of the gross floor area of a building on a site to the area of the site.

         gross floor area for a building, means the total floor area of all storeys of the building, measured from the outside
         of the external walls and the centre of any common walls of the building, other than areas used for—
               building services, plant or equipment; or
               access between levels; or
               a ground floor public lobby; or
               a mall; or
               parking, loading or manoeuvring vehicles; or
               unenclosed private balconies, whether roofed or not.

Ground Floor Public Lobby
It is noted that that “public lobby” is not defined in Noosa Plan 2020 or the Planning Regulation 2017.

Council contends that the proposed lobby on the ground floor which provides access to the development’s stairwell and
lift is not a public lobby and therefore constitutes GFA, as it is will only be used by guests of the premises. It is asserted
that most, if not all, ground floor lobbies for lettable residential or resort accommodation are primarily for the exclusive
use of their guests and not the public per se. Yet, they are still referred to as public lobbies as they also cater for visitors
of the guest who are free to attend the premises.

Notwithstanding this, because of the revised changes to the development layout in response to Council’s information
request, it is considered that the ground floor access between the internal carpark and Duke St tenancies is properly
regarded as a “public” lobby. Specifically, the additional car spaces provided to the car park (on level 1) are allocated for
the commercial tenancies and will now be fully accessible (along with the bicycle and motorcycle spaces) to the public
during the hours of operation. Accordingly, the lobby which provides access between the car park and ground floor
commercial tenancies is now deemed to be a public lobby and exempt from the buildings GFA calculations.

Ground floor toilets
The ground floor toilets have now been amended and are now included within the overall GFA calculations to determine
plot ratio. Notwithstanding this, it is contended that the proposed toilets constitute public toilets on the basis that they
will be always available to the public whilst the commercial premises are open.

Upper level lobbies
Council has identified that the lift lobbies on the upper levels should constitute additional GFA. A close inspection of the
proposal plans indicates that these lobby areas are not enclosed and whilst roofed are exposed outdoor areas




JFP Ref: M3024P                                                                                                      Page 9