Delegated Report - Code - Planning 132001.210363.1

Author	Graduate Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	132001.210363.1
Applicant	Vynara Pty Ltd
Proposal	Material Change of Use - Dual occupancy, Restaurant, Shops and Professional Offices
Properly Made Date	30 July 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	22 October 2021
Report Completed Date	11 October 2021
Report Reviewed By	Will Koschade, 11/10/2021

PROPERTY DETAILS
Property Address	105 Poinciana Ave Tewantin Qld 4565
RP Description	Lot 4 SP 158837
Land Area	616m2
Existing Use of Land	Restaurant, Shops and Professional Offices

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	District Centre Zone
Precinct	Not Applicable
Local Plan Area	Tewantin Local Plan Area
Overlays	Not Applicable
Assessment Type	Other Change to Approval Code
PROPOSAL
The application seeks approval for an other change to development approval 22635 DA (132001.210363.1).
The applicant proposes 2 x 74m2 small dwelling units in place of professional offices on the upper level of the existing building. The proposal seeks to maintain the existing floor plan and use of the ground floor of the building for shops, professional Office or restaurant. The proposed small dwelling units comprise of 2 bedrooms, bathroom, kitchen, living are and balcony per unit. The applicant seeks the approval for the following variations to the acceptable outcomes:
Private Open Space
The proposed private open space comprises 12m2 and a width of 1.8 metres in lieu of the 9m2 and 2.5 metres required.
Parking Requirements
The applicant proposes 7 uncovered and 2 covered parking spaces instead of the 11 parking spaces required.
The applicant does not specify how many bicycle spaces are to be provided.
Landscaped Open Space
The existing landscaped open space comprises 1.9% in lieu of the required 10%.
The application was consider to be an Other Change as the proposal was considered ‘substantially different development’. A change may be considered to result in a ‘substantially different development’ if the proposal changes the approved use.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Existing Floor Plan

Figure 3 – Proposed Floor Plan

Figure 3 – Carpark Plan

Figure 4 – Elevations
site details
Background
On 11 April 2002 a Material Change of Use for a Restaurant, Shop and Professional Offices was approved by Council (. The application was approved with 10 car parking spaces, in lieu of the 17 required un Noosa Plan 1990 (1997 Amendments). As such, the developer paid a contribution of $104,300.
A Negotiated Decision Notice with amendments to Condition 9 was approved on 20 June 2002.
Site Description
The subject site is located in the Tewantin Town Centre and is zoned as a District Centre Zone. The subject site is comprised of a 2 storey building fronting Poinciana Avenue. The building comprises a restaurant and shop on the lower level, and professional offices on the upper level. A 10 space carpark is located to the rear of the subject site and is accessible form Sidoni Lane. An approximate 10m2 landscaping area is situated in the carpark on the western property boundary.

Figure 5 – Subject Site
Surrounding Land Uses
The surrounding land uses of the subject site are typical of what is generally associated within a District Centre Zone. Located to the north, east and west of the subject site are a mix of restaurants, offices, shops and dwelling houses. It is also noted that a Woolworths and related shops is located on the northern side of Poinciana Avenue. Sidoni Lane, Sidoni Lane Carpark and a vacant site is located to the rear of the subject site.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
District Centre Zone Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes.
The subject site is located in Tewantin and is zoned District Centre Zone. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 10 metres	2 storeys 8.9 metres	
Plot ratio	0.8:1 max.	0.5:1	
Boundary setbacks Frontage	0 metres min	0 metres	
Roof Form Pitch	Min 5 degrees	5+ degrees	
Landscaped open space	<10% min	1.9%	X
Private Open Space Area Width	9m² min 2.5m² min	12m² & 12m2 1.98m	X
Carparking Motorcycle parks	2 covered min 9 uncovered min 1.62 min	2 covered 7 uncovered 2	X
Bicycle Spaces	4.24 min	0	X
Private Open Space
The proposed private open space comprises an area of 12m2 per unit with a width of 1.8 metres.
Acceptable Outcome AO41.4 of the District Centre Zone code in addition to Acceptable Outcomes AO11.1 and AO11.2 of the Dual Occupancy and Multiple Dwelling code seek that dwellings provide a minimum dimension of 2.5 metres. As such, the proposal does not comply with Acceptable AO41.4 of the District Centre Zone code or Acceptable Outcomes AO11.1 and AO11.2 of the Multiple Dwelling code and is therefore assessed against Performance Outcome PO41 and Performance Outcome PO11.
Performance Outcome PO41
Mixed-use buildings are designed and operated to ensure:
business uses manage potential impact on residents, including impacts associated with:
visual and acoustic privacy;
safety and security; and
lighting.
residential uses do not limit the business opportunities of the site; and
residential uses have reasonable privacy, security and private outdoor living space.

Performance Outcome PO11
Private open space:
is provided to all dwellings and is adequate in size, shape and dimensions to suit the needs of the occupants;
receives adequate sunlight; and
is designed and orientated to ensure privacy is maintained between uses
As per figure 5, the proposed private open space of the units is orientated towards Poinciana Avenue. It is noted that Poinciana Avenue is the main street of Tewantin and therefore incurs high levels of active and static transport movements.
The existing layout which is highlighted in figure 6 does not provide for visual or acoustic privacy for the upper level of the building. The applicant proposes an internal wall between the private open space of each dual occupancy unit and a new aluminium screen in the centre of the upper level façade. The proposed screen is considered to provide a reasonable degree of privacy to the private open space.
The private open space comprises 12m2 per each 73m2 small dwelling unit which is greater than the 9m2 required by Acceptable Outcome AO11.2. As such, the proposed private open space is considered to be adequate in size, shape and dimensions to suit the needs of the occupants.
The proposed private open space is orientated north and therefore receives direct sunlight. As the private open space is located on the upper level, there are no safety or security concerns. The residential uses do not limit the business opportunities of the site as the proposed use is situated on the upper floor and separated from the business uses.
It is therefore considered that the proposal complied with Performance Outcome PO41 of the District Centre Zone code and PO11 of the Dual Occupancy and Multiple Dwelling code.

Figure 6 – Existing and Proposed Façade
Carparking
Carparking Spaces
The original development application 22635 DA required 17.1 spaces for use of the premises as a restaurant, shop and professional office. In contrast, the proposal for a restaurant, shop and duplex dwellings requires 10.8 uncovered and 2 covered spaces. The table below highlights parking requirements for the original development approval (22635 DA) and the proposal.
Noosa Plan 1990 (1997 Amendments)
Use	22635 DA (132001.210363)	132001.210363.01
Restaurant	5.2	5.2
Shop	4.6	4.6
Professional Office	7.3	0
Duplex dwellings	0	2 Covered 1 Uncovered
Total	17.1	2 Covered 10.8 Uncovered
Table 2 – Existing and Proposed Parking Requirements
With regards to the parking requirements for development approval 22635 DA, the applicant provided 10 parking spaces and paid a total of $104,300 in infrastructure contributions. The applicant dedicated land and a laneway to Council, in addition to paying the contribution rate per space for Tewantin of $14,900. Table 3 exhibits how the contributions were calculated.

Proposed on-site car parking	10 spaces
Total carparking contributions payable to comprise: Proposed land dedication Road construction costs Parking contribution payable Total contributions for parking shortfall of 7 spaces	$23,000 $4,500 $76,800 $104,300
Table 3 – Contributions Breakdown
After discussions with Council regarding the existing and proposed car parking layout, it has been determined that 1 space must be removed in order to facilitate the movement of vehicles in and out of parking spaces. As such, the proposed carpark will comprise of 2 covered spaces, 7 uncovered spaces (including a disabled park) and 2 motorcycle spaces.
It is also noted that the proposed carpark does not comply with the requirements of the Australian Standards, however as the carpark is existing it is not reasonable to reconfigure the layout in order to comply.
The proposed 2 covered and 7 uncovered spaces do not comply with the carparking requirements under Noosa Plan 1990 (1997 amendments). Notwithstanding, the proposal requires 4.3 less parking spaces than the original approval and the infrastructure contributions paid by the applicant are for 7 parking spaces.
As such, the proposed carpark layout is supported by Council and Condition 1 is amended to read as follows:
The carparking area is constructed, linemarked and signed in accordance with the approved plan.
Bicycle Spaces
The proposed plans do not indicate clearly indicate the location or number of bicycle spaces for the development. As such, the proposal does not comply with Acceptable Outcome AO6.1 of the Driveways and Parking code and is assessed against Performance Outcome PO6.
Performance Outcome PO6
Sufficient parking
Is provided having regard to the specifics of the use including
The type and intensity of land use;
Any existing parking available on the site;
Hours of operation;
Likely numbers of users;
Accessibility to the site by means other than private motor vehicle;
The peak parking demand period of uses on the site; and
The availability of alternative car parking; and
Is provided to accommodate the number and type of vehicles and motorcycles likely to be generated by the development.
It is noted that the layout of the existing carpark does not comply with the requirements of the Australian Standards. In this instance Council is supportive of the 2 cover, 7 uncovered and 2 motorcycle parks. With regards to bicycle spaces, the proposed carparking layout plan will be annotated to include a wall mounted bicycle space which complies with Australian Standards 2890.3 Bicycle Parking Facilities.
It is noted that as per figure 7, a bicycle rack is provided on Poinciana Avenue outside the subject site. Further, it must be acknowledged that the carparking and motorcycle spaces provided are sufficient for the use of the site, due to the professional offices, shop and restaurant operating throughout the day when the residents of the units are expected to be away. As such, the proposal complies with Performance Outcome PO6 of the Driveways and Parking code.

Figure 5 – Bicycle rack outside of the subject site
Landscaped Open Space
The applicant does not propose to change the existing landscaped open space which is 1.9%. As such, the proposal does not comply with the 10% required by Acceptable Outcome AO35.1 of the District Centre Zone code. The proposal is therefore assessed against Performance Outcome PO35.
Performance Outcome PO35
Landscaped areas are provide to:
reduce the impervious area and enhance the visual amenity and natural landscape character of the area, streetscape and local area;
retain existing native vegetation and enhance buffer areas around property boundaries;
suit the relative size and nature of the development and its setting;
reduce the visual impact of large or bulky structures and fencing along watercourses;
screen car parking, loading and service areas of developments;
contribute to pedestrian comfort through shade; and
screen incompatible land uses.
The subject site is located on Poinciana Avenue and does not require any landscaping at the front of the site. The rear of the site is constrained by the exiting carpark and additional landscaping will further reduce the number of carparks. Due to these constraints it is considered that the existing landscaping is sufficient for the subject site. As such, the proposal complies with Performance Outcome PO35 of the District Centre Zone code.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Engineer, Development Assessment
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No 132001.210363.1 132001.210363 for a Material Change of Use - Dual occupancy situated at The Tewantin Cafe 105 Poinciana Ave Tewantin Qld and described as Lot 4 SP 158837, Council on 11 October decided to:
Approve the Other change.
B.	Amend conditions 1 to read as follows:
Land Development
Carparking shall be provided within the site as shown on plan 0083 SK01 A dated Jan 2000 as submitted by Greg Gibbs Architects, except as modified herein, for at least 10 spaces including a minimum of 1 clearly marked disabled car space. The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 for user class 3.
The carparking area is constructed, linemarked and signed in accordance with the approved plan as annotated by Council.
C. Include additional conditions 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38 to read as follows:
New Conditions 11 October 2021
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
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
0000	P2	Cover Page & Site Plan, prepared by Push	25/06/2021
1000	P2	Existing Floor Plan, prepared by Push	25/06/2021
1001	P1	Ground Floor Plan, prepared by Push	25/06/2021
1002	P2	First Floor Plan, prepared by Push	25/06/2021
2000	P2	Elevation 1, prepared by Push	25/06/2021
2001	P2	Elevation 2, prepared by Push	25/06/2021
1003	P3	Carpark Plan, prepared by Push	27/09/2021
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 11 October 2026, unless an application to extend the currency period is approved by Council.
Protection of Privacy
To ensure the private open space of the units is protected the privacy screen must be constructed in accordance with the approved plans.
Materials and Finishes
The privacy screen must be constructed using
natural finishes wherever possible;
a mix of lightweight and textured external finishes;
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Landscaping
The existing landscaping must be maintained in accordance with the approved plan.
Carparking
A wall mounted bicycle space which complies with Australian Standards 2890.3 Bicycle Parking Facilities must be provided for in accordance with the approved plans as annotated by Council.
Environmental health
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy PSP9 - Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the sewerage system and this can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
D.	Include additional advisory notes 2 and 3 to read as follows:
New Advisory Notes 28 September 2021
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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