MCU15/0076 - Delegated Report

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU15/0076
	
Author:	Jack Lewis
APPLICATION DETAILS
Applicant:	Hillsong Church Ltd
Proposal:	Development Permit for Material Change of Use - Wellbeing Type 2 - Social
Properly Made Date:	14/08/2015
Date of Site Visit:	18/08/2015
Decision Due Date:	15/09/2015

PROPERTY DETAILS
Property Address:	24 Sunshine Beach Rd NOOSA HEADS  QLD  4567
RP Description:	Lot 238 RP 95668
Land Area:	506m2
Existing Use of Land:	Bank tenancy

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Locality:	Noosa Heads
Planning Zone:	Business Centre
Assessment Type:	Code

PROPOSAL
The application seeks approval for a Development Permit to allow the first floor of the existing building at 24 Sunshine Beach Rd to be used for a variety of social and office activities associated with the Hillsong Church and its charity operation, City Care.

The social activities that the Church will run at the site will include youth and sisterhood meetings, youth leadership training and band practice during the evenings and at the weekends.

The church currently holds services each Sunday at the J on Noosa Drive, approximately 400m to the north of the application site. The applicant indicates that these services will continue to operate at the J. The street view photo, existing layout plan and proposed layout plan are included below.

Street View

Existing Layout

Proposed Layout
site details
Background
Application No.	Decision & Date
TPL 27	On the 14 August 1981, Council issued a Town Planning Layout Approval for a bank.
Site Description
Site & Locality Description
Road Frontage	16.5m to Sunshine Beach Rd
Surrounding Land Uses	Shops and other commercial buildings
assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions; and
The Noosa Plan.
The application has also been assessed against the planning scheme, including the following applicable codes:
Noosa Heads Locality Code;
Business Uses Code;
Driveways & Carparking Code
The application does not propose any additional gross floor area and generally complies with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.
Community Meeting Room – Wellbeing Type 2 Social
The proposal is defined as Wellbeing Type 2 Social which means the use of premises for the gathering of people for networking, support, common pastimes, exercise, charitable work or companionship. The term does not include a commercial club, indoor entertainment or sports and recreation. While the premises may accommodate the making of items that are later sold it is not a business use nor is it used for profit making enterprises. The use includes arts and craft, community meeting room, CWA.
This type of community meeting room is a consistent use within the Business Centre Zone.
A traditional type church with large congregations is defined as Wellbeing Type 3 and means the use of premises primarily as a place of public worship or religious instruction, including a church, temple and ancillary educational and social activities.
This type of traditional church type use is an inconsistent use within the Business Centre zone.
The applicant describes how the proposed activities on the site are more akin to a community meeting room and has thus been defined as such. The floor plate for the tenancy has been arranged for smaller meetings and gatherings. To ensure the use is not being used for larger congregations, a condition is required limiting the total number of adults (including staff) within the 380m2 tenancy must not exceed 50 between 8am – 5pm Monday to Friday.
Carparking
The original development approval for commercial premises required one carparking space is provided for every 45m2 of floor area. The applicant made a monetary contribution for the equivalent of 19 carparking spaces for the use in 1982 at the time of the construction of the building.
Under The Noosa Plan’s Driveways & Carparking Code there is now the requirement for carparking associated with a commercial office be provided at a rate of 1 space per 20m2 of use area. The currently proposed Community Use Type 2 - Social also attracts a carparking rate of 1 space per 20m2.
Given the proposal is for a similar intensity use within an existing building and does not increase the area of the tenancy, the onsite carparking area is considered to have sufficient carparking credits for the land use. There are also larger carparking areas located around the Noosa Junction area that have been constructed from existing carparking contributions.
Additional conditions are required relating to advertising signage and 2 bicycle parking racks and 2 lockers to be provided on the property for the use of the tenancy.
cONSULTATION
IDAS Referral Agencies
Nil
Other Referrals
Nil
conclusion
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 with conditions.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU15/0076 for a Development Permit for Material Change of Use for a Wellbeing Type 2 - Social situated at 24 Sunshine Beach Rd NOOSA HEADS as identified in the attached details recommended for the Decision Notice.

1.	APPLICATION DETAILS

Application No:	MCU15/0076
Street Address:	24 Sunshine Beach Rd NOOSA HEADS  QLD  4567
Real Property Description:	Lot 238 RP 95668
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises - Wellbeing Type 2 - Social

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for the Material Change of Use approval is 4 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER 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/Document Name	Date
Ground Floor Plan	Received by Council 10/08/2015
Proposed First Floor Plan	Received by Council 10/08/2015

Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Advertising Signage
All signage shall comply with the relevant provisions of the Advertising Devices Code, with the total signage area not exceeding 10m2.
Bicycle Parking
Secure bicycle racks shall be provided on site to accommodate a minimum of 2 bicycles and 2 lockers.
Number of Persons
The total number of adults associated with the Wellbeing Type 2 - Social use within the upstairs tenancy at any one time (including staff) must not exceed 50 between 8am – 5pm Monday to Friday.
5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

Not Applicable.

7.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Audit & Response Unit to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit may trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.

9.	PROPERTY NOTES

Not Applicable.

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (fitout)

12.	SELF ASSESSABLE CODES

Not Applicable.

13.	SUBMISSIONS

Not Applicable.

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

15.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval.  If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued.  Only one “negotiated decision notice” may be given.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

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DELEGATED AUTHORITY REPORT

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