Delegated Report 132004.240022.1

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

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

SUMMARY:

APPLICATION DETAILS
Application Number:	132004.240022.1
Applicant:	Pacific BCQ
Request Received Date:	
Original Approval Type:	Town Planning Consent TPC 1824 and subsequent legal proceedings

PROPERTY DETAILS
Property Address:	Sofitel Noosa Pacific Resort 14 Hastings St NOOSA HEADS  QLD  4567
RP Description:	Lot 7 RP 802632
Existing Use of Land:	Sofitel Resort

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

PROPOSAL:

The application seeks approval for a cabana located to the northern side of the pool podium between 2 existing buildings. The cabana is setback 3.4m and is approximately 15m long, 5m wide and consists of 5 bays separated by vertical retractable canvas which provides privacy between bays. The posts will be timber clad and the roof material consists of a Danpal Solarspace product which is a lightweight, impervious translucent thin thermal insulation roofing system. The works also include a raised timber deck (approx. 0.3m), and benches that follow the existing solid balustrade with fixed  glass panelling to provide further safety and an architectural design element. The cabana will replace individual umbrellas and patrons using the benches will overlook Hastings Street. Figures 1 & 2 below show perspectives of the proposal.

Figure 1 - Perspective of the cabana and deck

Figure 2 - Perspective of the proposal

BACKGROUND:
The Sheraton Noosa Resort is not the subject of an existing town planning approval, as it was developed by Suncorp, as an agency of the State Government.  Those circumstances have changed and the hotel is now subject to the Planning Scheme and relevant provisions affecting the Residential High Density Zone that apply to the site.

Since the development of the Sheraton Noosa Resort a range of approvals have been given for modifications to the Sheraton Hotel, with the more recent approvals relevant to this application including:
02382 – Conversion of the Chart House Restaurant to a day spa and changes relating to the first floor level involving the reception area, shops and lounge bar, which was approved 16 March 2000.

02382 – Further amendments to the Day Spa and coffee lounge, which were approved August 2000.

Further amendments were approved in May 2004 which included some façade changes, remodelling the meeting and games rooms and restaurant areas.

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 the proposed cabana is minor works in nature. Note: provide reasons
The change would not require the application to be referred to additional concurrence agencies;
Note: provide reasonsThe 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:
The cabana is an open structure with a micro technology translucent thermal roof to provide shade and is located on the podium (2nd storey level). Patrons at the new benches will overlook Hastings Street.

Schedule 1 – Minimum Boundary Setbacks For Building and other Structures of The Noosa Plan requires a 2m setback with an average of 4m to the Hastings Street frontage. The proposal is setback 3.4m and being equivalent to the 2nd storey level complies with these setback provisions maintaining the 2m average setback for the whole building. The cabana, bench and glass panelling will be seen from the Hastings Street footpath but is considered a visual improvement to the solid balustrade and individual umbrellas currently observed. The proposal does not increase GFA or Site Cover.

The proposal does not comply with the 4.5m setback required by the planning scheme in force at the time of the original approval. However, the proposal is not bulky and is consistent with the established character and setbacks of developments fronting the southern side of Hastings Street.

The proposal is recommended to be supported.

RECOMMENDATION

APPROVE the request to change a development approval, Application No. 132004.240022.1, situated at Sofitel Noosa Pacific Resort 14 Hastings St NOOSA HEADS QLD 4567, 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:
Note: delete the items which are not applicable

A.	Agree to include additional Conditions 4 and 5 to read as follows:
Approved Plans
Development undertaken in accordance with this approval must 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
A.01	1	Site Plan, prepared by Zest Building Design Studio	10/11/16
A.02	1	Proposed Floor Plan, prepared by Zest Building Design Studio	10/11/16
A.05	1	Elevations, prepared by Zest Building Design Studio	10/11/16
A.06	1	Elevations, prepared by Zest Building Design Studio	10/11/16
A.07	1	Section, prepared by Zest Building Design Studio	10/11/16

The cabana must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.

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FM1517s/4-22/06/2013