Council Report MCU21 0109

MCU21/0109 – development application for a material change of use for office at 4/216 David low way, peregian beach

Document information

Author	Patrick Murphy, Coordinator Planning
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU21/0109

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	MacMartin Investments P/L TTE Andrew Edward Martin
Proposal	Material Change of Use - Office
Properly Made Date	6 July 2021
Information Request Date	Not applicable
Information Response Date	Not applicable
Decision Due Date	16 September 2021
Number of Submissions	Not applicable
PROPERTY DETAILS
Property Address	Martin Place At Peregian 4/216 David Low Way Peregian Beach
RP Description	Lot 4 SP 284446
Land Area	101m²
Existing Use of Land	Caretakers Residence
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Local Centre
Precinct	Not applicable
Local Plan Area	Coastal Communities
Overlays	Land Subject to Acid Sulfate Soils- Above 5m AHD
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 7 September 2021 regarding Application No. MCU21/0109 for a Development Permit for Material Change of Use - Office situated at 4/216 David Low Way Peregian Beach and:
A.	Approve the application in accordance with the following conditions:
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
4/216 Areas	-	Floor Plan, prepared by the applicant	-
Currency Period
This development approval lapses if the use has not happened by 16 September 2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
This development approval is for 70m2 of Office use area.
Car Parking
The applicant must comply with the requirements of any infrastructure agreement entered into with the Council with respect to the payment of car parking contributions in relation to the proposed development. In the event that the above does not apply a minimum of 3 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.
B. 	Enter into an Infrastructure Agreement with the applicant that provides for contributions in lieu of 3 on-site car parking spaces.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks a development approval to change the use of an existing Caretaker’s residence to an office use at the premises within tenancy 4, 216 David Low Way, Peregian Beach. The proposal does not seek to undertake any building works to the exterior or structural elements of the building within only minor works internally within the tenancy required enable the use to change.

Figure 1 – Locality

Figure 3 – Floor Plan

Figure 4 – Street view of premises.
site details
Background
An application for a Development Approval for Material Change of Use of Premises for Professional Office, Shop and Caretaker's Residence was approved on 15 June 2006 (Ref 2006/215).
Site Description
The subject site is more properly described as Lot 4 on SP284446 (tenancy lot) and Lot O on SP284446 (Common Areas lot). The tenancy lot has an area of 101m². The proposed office will be located within an existing building which consists of 4 tenancies with the subject tenancy (Lot 4) having an approval as a caretaker’s residence on the upper floor.
Surrounding Land Uses
The site is nestled within the Peregian Square local centre area, which is an established centre for the Peregian area providing shops, food and drink outlets (e.g. restaurants, bars, cafes, takeaway outlets and commercial uses including office uses.
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;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Local Centre Zone Code;
Coastal Communities Local Plan Code;
Business Activities Code; and
Works Codes.
Locality Provisions
The subject site is located in Peregian Beach and is zoned Local Centre. The proposed use is identified as a consistent use with 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:
Built Form
No changes to the built form are proposed as part of this application.
Carparking
The car parking rates for an office use pursuant to the Noosa Plan 2020 is: 1 car space per 20m² of gross floor area. The gross floor area of the proposed office is approximately 70m². Based on this rate, the proposed office is required to provide four car spaces.
The current development was approved without any car parking on-site. Under the Planning scheme applicable at the time the caretaker’s residence required one car space to be provided. Through the assessment process Council acknowledged the challenge with providing on site carparking, therefore the applicant was required to pay a monetary contribution in lieu of providing on site carparking. On this basis, the caretaker’s residence effectively has a credit of one car space, meaning there is a shortfall of three spaces for the office use.
It is noted that the minimum number of carparks is an Acceptable Outcome under Noosa Plan 2020, therefore alternative solutions that achieve the outcomes of the planning scheme may be considered by Council. It is acknowledged that due to existing development onsite, the subject site cannot provide onsite car parking. In addition, it is considered the proposed use is consistent with the intended uses sought for the village, seeks to utilise an existing tenancy and a contribution in lieu of on-site car parking will support improved public transport, pedestrian or cycle facilities in the area. As such, the applicant has advised that they are agreeable to enter into an Infrastructure Agreement to make contributions in lieu of car parking. The Infrastructure Agreement provides for three car parking space, at a rate of $12,620.00 per space (subject to indexation) and is in accordance with the Contributions in Lieu of the Provision of Onsite Car Parking Council policy. This agreement has been prepared and executed by the applicant.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
conclusion & REASONS FOR DECISION
The proposed development seeks approval for a Material Change of Use to establish an office situated at Martin Place at Peregian 4/216 David Low Way Peregian Beach. No external building works are proposed, and the application only seeks approval for the change of use.
An Office is code assessable development within the Local Centre Zone and therefore the proposed use is consistent with The Noosa Plan 2020.
The proposed use triggers three additional car spaces pursuant to the parking ratio under The Noosa Plan 2020. The applicant has entered into an Infrastructure Agreement to pay a contribution in lieu for the three space shortfall and therefore the application is recommended for approval.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 SEPTEMBER 2021

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