Minor Change Report 51991.652.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	51991.652.02
Development Approval	Multiple Dwellings (24 x 1 bedroom and 24 x accommodation units), Restaurant and Shop
Applicant	Crane Investments Noosa Pty Ltd
Request Received On	31 August 2018

PROPERTY DETAILS
Property Address	Hotel Laguna 180/6 Hastings St Noosa Heads Qld 4567  Hotel Laguna 6 Hastings St NOOSA HEADS  QLD  4567
RP Description	Lot 30 BUP 12150
Land Area	2768m²
Existing Use of Land	Multiple dwellings, restaurant and shop

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Visitor Mixed Use
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to include an Entertainment and Dining Business use for the tenancy which currently has a shop approval and change the existing covered rooftop terrace into a small dwelling unit. Figures 1 and 2 show the floor plans and elevations of the proposal.

Figure 1 - Floor Plan of upper floor dwelling

Figure 2 - Hastings Street elevation and the eastern elevation.

background
Original approval was for Multiple Dwellings, Restaurant and shop in 1977. There are a number of subsequent approvals for the redevelopment of the site
TPC 1628 for additions and improvements to the restaurant (currently Miss Moneypennies) and existing kitchen – approved with letter dated 4 May 1984.
51991.447 (TPC 2380) for restaurant/function room and restaurant – approved 3 December 1991 (drawing No. SK10, Amendment B)
TPC 2409 approved a shop and an additional multiple (managers unit)
Approval to modify 51991.447 (00735 [continuation of TPC 2380]) for awning (roof) open at sides, over existing outdoor dining area – dated 31 July 1997 (reference to Plan No. 1024/1 dated July 1997);
51996.2060 (07813 TC) for alterations to the outdoor dining area with additional roof area for the restaurant – date of issues 23 March 1998 (reference to Plan No. 9545.03 drawn by Stephen Kidd Design Pty Ltd dated May 1997, with an amendment to the width of the proposed roof to 2.8m maximum);
A change to 51901.3684.02 (TPC1628) for internal and external modifications to the restaurant was approved on 5 October 2005.
51901.3684.03 approved a redevelopment of the restaurant (currently Miss Moneypennies).
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosa Heads Locality Code
Business Uses Code
Residential Uses Code
Landscaping Code
Engineering Works Codes
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as <;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The shop and restaurant definitions of the planning scheme in force at the time is different to that of the Noosa Plan. At the time of the original approval a restaurant was required to serve at least 2 courses and provide substantial meals and a shop was more akin to a takeaway - a café, milk bar, expresso bar, snack bar. The pertinent matter is that there was no reference to the number of tables or chairs for either use in the superseded planning scheme. Whereas The Noosa Plan generally distinguishes the 2 uses by requiring a shop to have a maximum of 10 chairs and in most cases a restaurant may have unlimited chairs, the restriction for these uses is use area.
The proposal to add Entertainment and Dining Business Type 1 to the existing shop tenancy raises no concern as there is negligible real difference to the operation of a shop under the superseded planning scheme and an Entertainment and Dining Business type 1 food and Beverages under The Noosa Plan with both uses having no limit on the number of tables and chairs and therefore the number of patrons the site attracts.
Carparking
The shop approval permitted unlimited chairs and tables and the occasional use of the roof terrace as shown in an extract from the original planners report below.

Figure 3 - Extract from original Planners Report
The unit Figure 3 refers to is within the greater complex and not the proposed dwelling unit part of this approval. Contributions were paid in lieu of 4 carparking spaces which allowed for 75m² of GFA for the shop and occasional use of the roof terrace. The building approval plans support this by showing sinks, gas points and a covered roof terrace as shown below in an extract from the Building Approval. Furthermore, correspondence with Council’s Environmental Health department also indicate the roof terrace would be used for up to 20 chairs.

Figure 4 - Extract from the Building Approval BA 711/92
The shop has an approval for 75m² GFA and has paid contributions in lieu of carparking equivalent to 4 spaces (1 space per 20m²). The shop has expanded over the years and the enclosing of the previous centrally located tree and a small entry area results in a GFA of 90m² (excluding the old stairwell); an additional 15m² of GFA for the food and beverage use to that approved.
In terms of carparking, the proposed food and beverage use is not changing in real terms as the proposed restaurant is not expanding the number of chairs or tables. Given the similarities of the current and approval two uses, it is considered that no additional car parking is required for the Entertainment and Dining Tpye1 Food and beverage use.
Convert roof terrace to dwelling unit
The following table shows the population density for the whole site.
	Current Density (persons per ha)	1977 Planning Scheme	1985 Planning Scheme	The Noosa Plan	Proposal (including additional dwelling unit)
Density	77.7	108.8	94	77.5	79.4
The density permitted on the site has slowly reduced over time with the 1977 planning scheme allowing more than 100 persons per hectare and The Noosa Plan permitting 77.5. The proposal seeks a whole site density of 79.4 persons per hectare. The density is slightly more than the Noosa Plan but complies with the planning scheme in force at the time of the original approval. The dwelling unit is small and will provide for either visitor or permanent accommodation. The proposed small dwelling unit will provide housing choice and replace the existing vinyl pyramid roof cover that currently exists.
The original approval permitted the occasional use of the roof terrace and building approval documents and correspondence suggest that up to 20 people were able to use the roof terrace. Therefore, it is considered that the proposed dwelling unit is a less intense use than the approved use of the roof terrace and the current on site carparking provision for the tenancy is sufficient.
Built form
The upper level unit is setback 3.45m from the Hastings Street boundary to the main facade. A lower level roof over the balcony with a zero setback is provided to the frontage. A glass balustrade to the frontage and screening devices and a solid balustrade to a metre high for privacy is provided.
Overall the 75m² small dwelling unit will be an improvement to the current built form and raises no concerns.
conclusion & reasons for decision
The proposal to include an Entertainment and Dining Business Type 1 – Food and beverages to the existing shop tenancy and to convert the roof terrace to an additional dwelling unit raises no concerns and is recommended to be supported subject to conditions.
RECOMMENDATION
With regard to Application No. 51991.652.02, to make a minor change to an existing approval for Development Permit for a Shop, additional multiple dwelling unit and Entertainment and Dining Business Type 1 Food and beverages situated at Hotel Laguna 180/6 Hastings St Noosa Heads Qld 4567 Hotel Laguna 6 Hastings St NOOSA HEADS QLD 4567 described as Lot 30 BUP 12150, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on decided to:
A.	Approve the change.
B.	Include the following additional conditions19, 20 and 21 to read as follows:
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
1.0	P3	Site Plan, prepared by Skale Building Design	22/8/18
1.1	P3	Floor Plan: Ground Floor, prepared by Skale Building Design	22/8/18
A.02		Master Plan, prepared by Zest Building Design	Not provided
1.2	P3	Floor Plan: Ground Floor, prepared by Skale Building Design	22/8/18
1.3	P3	Roof Plan, prepared by Skale Building Design	22/8/18
2.1	P3	Northern Elevation & Eastern Elevation, prepared by Skale Building Design	22/8/18
2.2	P3	Southern Elevation & Western Elevation, prepared by Skale Building Design	22/8/18
3.1	P3	Section A, prepared by Skale Building Design	22/8/18
Nature and Extent of Use
Entertainment and Dining Business Type 1 – food and beverages with a total of 90m² gross floor area is approved.
The upper floor unit external built form materials must be in accordance with the detail on the approved plans including glass balustrading to the front, solid side balustrades to a maximum of 1m high with cover battens and screening devices.
C.	Add additional Advisory Note 1 to read as follows:
Infrastructure Charges
This Change to an Existing Approval dated  will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.

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