Extension Application Letter

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Material Change of Use of Premises (Business Type 1 Office,
Entertainment and Dining Business Type 1 Food & Beverage, and Retail
Business Type 2 Shop & Salon). The relevant period of the Development
Approval was 5 June 2016.

On 30 March 2016, a change request* was made to extend the currency
period of the Development Approval to 5 June 2020. The Council
approved the change by way of decision notice®.

Andema became the registered owner of the Land on 11 April 2017 and
acquired the Land to develop it for purposes consistent with the
Development Approval.

However, on 19 December 2018, Andema lodged a development
application® for a Material Change of Use (Commercial business Type 1 —
Office, Entertainment and dining business Type 1 - Food & Beverages,
and Retail business Type 2 - Shop & Salon) (“the 2078 Development
Application”), which comprises a scheme of development similar to, but
different from, the Development Approval.

The 2018 Development Application was refused by the Council by way of
decision notice’. An appeal was filed in the Planning & Environment Court
at Brisbane and heard from 23 April to 28 April 2020 (“the Appeal”). Her
Honour Judge Kefford reserved her decision and no decision has been
given yet.

In the event that the 2018 Development Application is refused by the
Court, Andema intends to implement the Development Approval.

Statutory Framework
Under the Sustainable Planning Act 2009 ("SPA"), the assessment

manager's, in assessing and deciding an extension application, was only
permitted to have regard to:®

 

? The SCRC was the assessment manager at the time the development application was
lodged.

3 MCU11/0266.01.

4 While referred to as a change request, the proper construction of the application

appears to be an extension application for the relevant period of the Development
Approval.
Dated 7 April 2016.
MCU18/0204.
Dated 7 June 2019.

SPA, s 388(1).

oy oa

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1s the consistency of the existing approval with the current laws and
policies in force at the time the extension application was made;

2. the community's awareness of the existing approval; and

3. whether, if the application were refused, further rights to make a
submission may be available for a development application and the
likely extent to which those rights may be exercised.

However, under the PA, the assessment manager has a wide discretion to
consider any matter that the assessment manager considers relevant.°
This includes the reasons for seeking an extension to the currency period
and why the existing approval has not been acted on to date, and matters
including the consistency or otherwise of the Development Approval with
relevant assessment benchmarks.

Reasons for Extension

Our client seeks an extension of the currency period of the Development
Approval for the following reasons.

First, the delay in acting upon the Development Approval has been
occasioned while Andema sought approval of the 2018 Development
Application.

Secondly, while the Development Approval has been in effect since June
2012, our client only became the registered owner of the Land on 11
April 2017, and since it acquired the land it has demonstrated its intent to
develop the Land.

Thirdly, the Development Approval remains consistent with both the
Noosa Plan 2006 ("the Planning Scheme") and the planning strategies of
the Council. An assessment of the Development Approval against the
Planning Scheme is below.

As a starting point, the Development Approval is for development which
was, and remains, code assessable and for a use preferred in the
Neighbourhood Centre zone. The approval scheme of development
effectively breaks up building’s bulk and scale making it compatible with
surrounding development. '°

° PA, 87(1).
'0 Joint Report of Experts in Visual Amenity prepared by Nathan Powell and Noel
Robinson, paragraph 58 a., page 22.

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4

In relation to the overall scale, form and character, the Development
Approval:

1. reads as two storeys, which is a height that is consistent with the
intent of the Planning Scheme and with the surrounding
streetscape'';

2. clearly delineates between the heights of the upper and lower levels
of the building;

3. provides for screens to the upper level which are operable when
open and provide a more transparent facade;

4. provides for screens which are diverse in that they vary in material,
detail and type while also creating depth and shadow play in the
facade;

5. has a ground level with a light, open and transparent design;

6. has a street awning which is light and thin-edged and lightens the
building;

7. has managed, through the use of its operable facade and variety of
materials and detail, to create articulation and depth variation in the
alignment of the upper level facade;

8. features a variety of materials across its facade to reinforce the
coastal character and informal village-like atmosphere; and

9. is consistent with the requirements of the Planning Scheme for those
reasons.

Similarly, the Development Approval reinforces the informal beachside
character"? of the area, given the Development Approval:

1. features a light edged awning and taller ground level space, which
presents as open and informal;

2. achieves a facade which features an indoor/outdoor character,
lightness and informality;

™ Joint Report of Experts in Visual Amenity prepared by Nathan Powell and Noel
Robinson, paragraph 62 a. viii, page 26.

2 Joint Report of Experts in Visual Amenity prepared by Nathan Powell and Noel
Robinson, paragraphs 63 d i-xi, page 31; paragraphs 83 a.- e., pages 38-39.

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10.

11.

12.

13.

14.

features an operable fagade to the upper level with balconies to
facilitate surveillance and gives users flexibility to connect with the
public realm. Consequently, the Development Approval offers greater
Capacity to reinforce a village-like atmosphere which enables the
interaction between private and public spaces;

adopts subtropical design principles;

provides operable and climatically responsive facades;

provides inside and outside spatial continuity;

has natural ventilation with windows that can be opened;

provides cross ventilation;

implements an articulated subtropical roof form with eaves to collect
rainwater, provide shade protection to windows and to break up the

building form and bulk;

utilises durable coastal materials that blend in with the dune and
coastal landscape;

implements the use of solar panels with good passive solar design;
appropriately interacts with the street and its surroundings;

provides building edges which are light and tactile; and

with its more open ground level, second level balconies, lightweight
detailing and more generously proportioned ground level height, the

Development Approval achieves the desired atmosphere and
character.

All in all, the scale and form of the Development Approval fits well within
Peregian Square context and is designed to be responsive to the informal
beachside character of the locality, which engenders a ‘sense of place’
and a public focus for local community and activity'®.

Further, because of its design, the Development Approval responds to the
Land's strategic street corner location, which is prominent in terms of its

‘8 Joint Report of Experts in Architecture prepared by Scott Peabody and Noel Robinson,
paragraph 56, page 24.

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connection to Peregian Park, the Peregian Beach Markets, the village
square and the esplanade”.

Fourthly, to the extent that the Development Approval is inconsistent
with the Planning Scheme, the Development Approval represents an
appropriate planning outcome which responds to the informal beachside
character of the locality, particularly Peregian Square.

Fifthly, the Development Approval represents an opportunity to facilitate
additional investment and economic development in the Peregian Beach
Centre'®. In light of recent circumstances, our client is of the view that
significant weight should be attached to this consideration.

Length of the Extension

The two year period allows our client to receive and consider the decision
of the Court and, if unsuccessful, implement the Development Approval.

Conclusion

For the reasons set out above, it is appropriate that the currency period of
the Development Approval be extended to 5 June 2022.

We invite the assessment manager to approve the extension application
sought by our client.

Yours faithfully
CONNOR O’MEARA

uvudr-S

“Liability limited by a scheme approved under professional standards legislation”

4 Joint Report of Experts in Architecture prepared by Scott Peabody and Noel Robinson,
paragraph 84 d. iii, page 36.

'® Joint Report of Experts in Town Planning prepared by Shame Adamson and Chris
Buckley, paragraph 7.39, page 20.

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