132004.240098.5 - Delegated Report

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	
	
Author:	Glen Conforti -
	
Project Director:	Glen Conforti - Development Planner
	

SUMMARY:

APPLICATION DETAILS
Application Number:	132004.240098.5
Applicant:	Noosa Palm Tree Holdings Pty Ltd
Request Received Date:	08/04/2015
Original Approval Type:	Development Permit for Multiple Dwelling (10 units) restaurant and 2 shops
Number of Submissions for Original Application:	2 submissions

PROPERTY DETAILS
Property Address:	231 Gympie Tce NOOSAVILLE  QLD  4566
RP Description:	SP 188227 and Lot 3 SP 188227
Land Area:	2714m²
Existing Use of Land:	Multiple Dwellings (10 units) restaurant and 2 shops

STATUTORY DETAILS
SEQRP Designation:	
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Locality:	Noosaville Visitor Mixed Use
Planning Zone:	
Assessment Type:	Change to approval

PROPOSAL:
The application seeks to change the layout of the use area for the tenancy. This includes reducing the external use area from 12m² to 10m² and transferring the additional 2m² to inside the tenancy. This results in 32m² internal and 10m² external.

BACKGROUND:

A Development Permit Development Permit for Multiple Dwelling (10 units) restaurant and 2 shops took affect on 2 November 2005.

At the time the original application was publicly notified, 2 properly made submissions and were received.  The submitters were primarily concerned with the location of the restaurant within the site and questioned the need for another restaurant within the area.

A change to the approval 132004.240098.2 was approved on 2 March 2006 to allow the removal of vegetation that was conditioned to be retained.

On 3 July 2007 Council approved a change to the approval 132004.240098.3 to reflect the as built development. As a result some additional out door dining area (12m²) was established for the use of lot 3 during shop trading hours and for the use of the restaurant after shop closing (i.e. after 5pm).

On 28 April 2015 Council approved a change to the use of Lot 3 from Retail Business Type 2 - Shop/Salon to Entertainment and Dining Business Type 1 – Food and Beverages (Restaurant).

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to constitute a permissible change on grounds that:
The change would not result in a substantially different development because there is no change to the use of the lot, only a change to the layout of the use area.Note: provide reasons
The change would not require the application to be referred to additional concurrence agencies;
The original application was impact assessable and the proposed changes would not likely cause a person to make a properly made submission because the request is a minor to the use area.Note: provide reasons
The change would not cause the approval to involve prohibited development.

On this basis, the applicant has followed lawful process in making a request under s369 of the Act.

ASSESSMENT:

Car Parking

The request is to rearrange the layout of the internal fit out and reduce the outdoor dining use area and transfer that space to inside the tenancy.

The car parking rate for Entertainment and Dining Business in the Visitor Mixed Use zone is 1 space per 10m² of use area.

The tenancy has a carparking credit equivalent to 3 spaces excluding the outdoor dining area. The existing approval allows 28m² of Use Area within the tenancy. However, 3 spaces are equivalent to 30m² of Use Area for Entertainment and Dining Business Type 1 (1 space per 10m²).

The proposal is for 32m² of use area which is analysed below.

30m² ~ 3 spaces
2m² - a reduction in the outdoor dining from 12m² to 10m². It is noted the outdoor dining area car parking was addressed by a previous approval.

As detailed above the use area has not changed but rearranged and still complies with the parking for the site and the change is recommended to be supported.

A handrail bench has been constructed along the edge of the outdoor area and a portable cooking bench proposed within the outdoor area. While the handrail bench has been removed from the plans, it has been constructed.

Councils Environmental Health Department raised some concern in regard to the portable cooking bench indicating it is unlikely to meet the relevant legislation. An email from the applicant confirming that the portable bench is not part of this application has been received.

It has been confirmed the handrail bench and portable cooking bench are not part of this application. An advice condition is recommended accordingly.

RECOMMENDATION
APPROVE the request to change a development approval, Application No. 132004.240098.5, situated at 231 Gympie Tce NOOSAVILLE  QLD  4566 On The Terrace 3/231 Gympie Tce NOOSAVILLE  QLD  4566, in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council decided to:
A.	Change Conditions 90 and 91 to read as follows:

JULY 2016 – Lot 3
Approved Plans
Development undertaken in accordance with this approval (132004.240098.5) must generally comply with the approved plans of development for Lot 3. The approved plan is listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
13.0516.1.1		Floor Plan, prepared by and+design	May 2016

The approved Use Area of Lot 3 must not exceed 32m² for Entertainment and Dining Business Type 1 Food and Beverages and the outdoor dining associated with the entertainment and dining business must not exceed 10m².

B. 	Advise the applicant the portable cooking bench and the existing handrail bench do not form part of this approval.

REPORT COVER SHEET
PLANNING

APPLICATION NO:	132004.240098.5
	
AUTHOR:	Glen Conforti
	
PROJECT DIRECTOR:	Glen Conforti
	

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is the application required to be decided by the Iconic Panel?:	Yes     /     No
Is referral required to the Councillor Delegated Sign Off Mailbox?:	Yes     /     No
Has a site inspection been undertaken?:	Yes     /     No
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?:	Yes     /     No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

PLANNING OFFICER	MANAGER

Signature:	Signature:
	
Position:	Position:  Development Planner
	
Date:	Date:

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on <:

Signature:	Date:
	
	

[word/footer2.xml]
FM1517s/4-20/06/2013	Page 3 of 5

[word/footer3.xml]
FM1517s/4-20/06/2013	Page 1 of 5

[word/footer4.xml]
FM1517s/4-20/06/2013

[word/footer5.xml]
FM1517s/4-22/06/2013

[word/header3.xml]
PRESS F11 ON REPORT COMPLETION TO ENSURE ALL TEXT INSERTION FIELDS HAVE BEEN REMOVED