Planning Report - Seasons Restaurant - Change Application 28.2.19 · 51997.2302.01

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In April 1998, Council approved an application to redevelop the existing Tingirana Motel at Hastings
Street, Noosa Heads.

Following approval of this proposal an application to modify conditions relating to landscaping
around the restaurant and a condition concerning parking was lodged in May 1998. Council agreed
to the amendment of the landscaping however did not agree to the amendment of the car parking
conditions regarding access to the site by the public. This aspect became the subject of a Planning &
Environment Court Appeal, which was eventually settled by a Consent Order.

In December 1998, Council considered a proposal to alter the approved plans with regard to an
overall net reduction in the scale of facilities and associated car parking requirements. These
changes included relocation of the restaurant, an increase in the size of the swimming pool and pool
concourse areas, provision of a second lift and relocation of the housekeeping store and laundry
areas. The application was subsequently approved.

In 2001 an application to remove Condition 4 of the original approval was refused by Council. As
documented within the Planning Officer's report (Appendix F) the application was refused as it was
deemed that by permitting the fitment of a permanent shade structure the development would in
effect be increasing the site cover and gross floor area (GFA).

This had implications in terms of the original approval and the associated carparking rates. The
carparking rate for the outdoor dining area was assessed at a lesser rate on the basis that only
lightweight structures which offered limited protection would be used.

Since the above, semi-permanent shade umbrellas have been fitted to the outdoor dining area and
have been in place since approximately 2000.

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The proposed Minor Change is in relation to Season Restaurant and consists of:

1. Condition 4 to be deleted or amended to permit the fitting of a permanent lightweight
shade structure, and
2. An amendment to the approved plans (in relation dining area configuration).

1. CONDITION 4

Condition 4 within the Town Planning Consent Permit (11893TC) refers to the outdoor dining area as
per the below extract:
The uncovered dining area on the northern side of the building must not be roofed or covered
by any form of structure. (Umbrellas not exceeding a dimension of 3.0m are permitted).

The above condition is requested to be deleted or amended as follows:
The outdoor dining area is to be covered with a permanent lightweight shade structure.

Whilst the existing approval (Condition 4) does not permit a shade structure to the outdoor dining
area, shade sails have been used to provide shelter to diners since approximately 2000 (Figure 1).

 

Figure 1: Existing Shade Structure

Architectural illustrations of the proposed lightweight shade structure have been prepared by Hiller
Design and are enclosed within Appendix C and below in Figures 2 and 3.

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Figure 3: Proposed Lightweight Shade Structure

The proposal is a quality outcome and maintains the look and feel of Hastings Street's dining
experience. The shade structure protects diners from the elements as typically expected for outdoor
dining areas in a subtropical climate.

2. AMENDMENT TO APPROVED PLAN

The proposed Minor Change incorporates an amendment to the approved plans (Appendix A -
Goodwin and Southwell Architects, Drawing 202). The Minor Change is in relation to the
reconfiguration of the dining area.

As exemplified in Table 1 below, the net outcome of the proposed reconfiguration is a reduction of
41m? of dining area. The reconfiguration will not result in any changes to the existing landscaped
areas.

Table 1: Dining Area Reconfiguration

 

 

 

 

Indoor Dining Area Outdoor Dining Area
Approved Plans (1998) 85m? 85m?
Proposed Plan (2018) 48m? 81m?
Net Outcome of Reconfiguration Reduction of 37m? Reduction of 4m?

 

 

 

 

 

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It is understood that the addition of the lightweight shade structure (through the removal of
Condition 4) to the outdoor area will in effect be increasing the GFA of the development. However,
the proposed reconfiguration and reduction of the dining area offsets this minor change. The indoor
and outdoor dining areas are being reduced by 37m? and 4m? respectfully (Table 1). The Amended
Use Area Plan (Appendix B) significantly reduces the indoor dining area.

The proposed Minor Change to Condition 4 and the approved plans can be supported on a number
of grounds as detailed below:
1. The proposal can be defined as a Minor Change to Approval in accordance with Schedule 2
of the Planning Act 2016,
2. The existing carparking infrastructure supports the reconfiguration of indoor and outdoor
dining areas, and
3. The proposal has design merit with consideration to Council's design guidelines and the
strategic planning intent supports outdoor dining experiences.

Importantly, the fitting of the lightweight shade structure will not result in any additional dining area
being created, and during periods of good weather the outdoor dining area is being used to its
fullest extent.

1. MINOR CHANGE

In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -

(b) for a development application -

(i) does not result in a substantially different development; and
(ii) if the application, including the change, we remade when the change is made — would
not cause —

(A) the inclusion of prohibited development in the application; or

(B) referral to a referral agency if there were no referral agencies for the
development application; or

(C) referral to external referral agencies; or

(D) a referral agency to assess the application against, or have regard to, matters
prescribed by regulation under section 55(2), other than matters the referral
agency must have assessed the application against, or have had regard to,
when the application was made; or

(E) public notification if public notification was not required for the development
application.

In respect of whether the change results in a ‘substantially different’ development, assessment
against Schedule 1: Substantially Different Development Guideline contained within the Development
Assessment Rules, is provided in Table 2 below:

Table 2: Substantially Different Development Guideline

 

‘Substantially different’

development Comment

 

Involves a new use The restaurant use remains unchanged. The proposed
lightweight shade structure will replace the existing
umbrella/shade sails.

 

Results in the application applying No new land is applied over as part of this change
to a new parcel of land application. The extent of shade sail does not exceed the
existing building footprint or use area.

 

 

 

 

Dramatically changes the built As demonstrated within the enclosed Architectural

 

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form in terms of scale, bulk and
appearance

Illustrations (Appendix C) the proposed lightweight
structure is of a design and scale that is appropriate for
the site and complements surrounding development. The
structure positively contributes to the streetscape. The
change enables the area to be used during climatic
events.

 

Changes the ability of the proposal to
operate as intended

The internal reconfiguration of the restaurant and
lightweight shade structure do not alter the use as
intended.

 

Removes a component that is
integral to the operation of the
development

As demonstrated within Table 3, the reconfiguration of the
dining area has resulted in a credit of 2.4 carparking
spaces. This is a result of the significant reduction in
internal dining area.

The provision of a lightweight shade structure will enable
patrons to enjoy the site’s subtropical location. The
proposed minor changes will not alter the operation of the
developments.

 

Significantly impacts on traffic flow
and the transport network, such as
increasing traffic to the site

No significant impacts will be as a result of the proposed
Minor Change application. The proposal incorporates a
significant reduction in dining area as part of the
reconfiguration internal restaurant area.

 

Introduces new impacts or increases
the severity of known impacts

The structure is designed in a manner so that there is
unlikely to be any adverse impact on the amenity enjoyed
by residents and visitors, including impacts associated
with:

visual and acoustic privacy,

safety and security, and

lighting.

The lightweight shade structure will continue to promote
the use of the outdoor dining space, providing interaction
between the uses on site and the public realm. The shade
structure provides a response to the subtropical
environment of the locality.

The proposal is appropriately scaled when viewed from
the beach or surrounding public areas.

 

Removes an incentive or offset
component that would have
balanced a negative impact of the
development

The Amended Use Area Plan (Appendix B) significantly
reduces the indoor dining area. The indoor and outdoor
dining areas are being reduced by 37m and 4m
respectfully (Table 1).

Table 3 below demonstrates that the existing carparking
infrastructure supports the reconfiguration of indoor and
outdoor dining areas

 

Impacts on infrastructure provisions

 

 

The proposed lightweight shade structure will not impact
upon any infrastructure network.

 

As demonstrated in the above table, the proposed amendment to Condition 4 and the approved
plans comply with the definition of a Minor Change.

 

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2. CARPARKING INFRASTRUCTURE

The proposed changes to the configuration of the dining area are supported by the existing
carparking infrastructure. It is argued that the reduction in dining area should be applied as a credit
against the ‘technical’ creation of additional GFA through the provision of the shade structure above
the outdoor dining area. Once more it is reiterated that the fitting of the shade structure will not
result in any additional dining area being created, and during periods of good weather the outdoor
dining area is being used to its fullest extent.

The carparking requirements for Season Restaurant's dining area are calculated using the below
ratios of the planning scheme in effect at time of approval (1990).

Carparking requirements as prescribed within Part D, Division 4 of the Noosa Planning Scheme
1990 for a Restaurant use = 1 space per 15m? or part thereof of total use area (excluding
outdoor eating areas).

The calculation of the required carparking infrastructure relating to the outdoor dining component of
this development was calculated at a reduced rate. This is referenced in the Noosa Council Planning
Officer's report (Appendix F), extract below:

The original intent of the area was for it to be for an open outdoor dining area. Carparking
was assessed at a lesser rate on the basis of the previous Scheme definition.

We have been unable to establish the reduced rate which was applied to the outdoor dining area.
As such, the credit that is to be applied as a result of the amended plans reducing the dining area will
be calculated using the variation in the indoor dining area only.

Table 3 below identifies the carparking requirements of the existing approved plan and the

Proposed Amended Plan (Appendix B) as calculated under the Noosa Planning Scheme 1990, being
the carparking rate that was used for the original development approval.

Table 3: Carparking Requirements under Noosa Planning Scheme 1990

 

 

 

 

 

Noosa Planning Scheme 1990 Indoor Dining Area Total Carparking Spaces Required
Existing Approved Plan 85m? 5.6 spaces
Proposed Amended Plan 48m? 3.2 spaces
Variation (37m?) Credit of 2.4 spaces

 

 

 

 

As evidenced by Table 3, a credit of 2.4 car parking spaces can be applied as a result of the
proposed reconfiguration of the indoor dining area.

The required carparking infrastructure relating to the amended indoor dining area has also been
calculated against the requirements of the current planning scheme (2006) and the Draft New Noosa
Plan (2019) within Table 4. The ratio as prescribed within the draft planning scheme is of significance
as it provides insight as to Council's strategic planning intent and to future requirements. It is relevant,
and consideration and weight should be afforded to these proposed provisions, i.e. “Coty Principle”.

These carparking requirements have been calculated using the below ratios:

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Carparking requirements as prescribed within Table 14.51 of the Noosa Plan 2006 for a Type 1
Food and Beverages use = 1 space per 10”, or part thereof, of use area and outdoor dining
area (excluding kitchen and food storage areas) on the property.

Carparking requirements as prescribed within Table 9.4.1.4 of the Draft New Noosa Plan 2019
for a Food and drink outlet use =1 space per 20m? of use area and outdoor business area,
excluding kitchen and food storage areas

Table 4: Carparking Requirements for Proposed Amended Plans

 

 

 

 

 

 

 

Planning Scheme Carparking Ratio Total Carparking Spaces Required
Planning Scheme 1990 48m?x 1 space / 15m? 3.2 spaces
Noosa Plan 2006 48m? x 1space / 10m? 4.8 spaces
Draft New Noosa Plan 2019 48m?2x 1 space / 20m? 2.4 spaces

 

 

The existing plan approves 85m of indoor dining area which at the time of the approval required 5.6
carparking spaces (in relation to the indoor dining area only). As demonstrated within Table 4 above,
with the reduction of the indoor dining area to 48m? the required carparking infrastructure is reduced.
The existing carparking infrastructure meets the requirements of all three carparking ratios as
prescribed within the planning scheme (1990, 2006 and 2019).

Therefore, it can be argued that the credit in carparking spaces as a result of the significant
reduction in dining area can be applied and is justified for the outdoor use which is proposed to be
covered and contribute to GFA / Use Area calculations.

Furthermore, Season Restaurant caters primarily to the guests of Tingirana Noosa’s 36 apartments
and offers guests room and pool side service. Carparking for the guests of Tingirana Noosa is
provided on site.

3. DESIGN MERIT

This application for a Minor Change to Development incorporating the deletion or amendment to
Condition 4 is supported through the strategic intent prescribed within the Noosa Plan 2006 through:

¢ Council's Noosa Design Principles Guideline (2005), and
e Planning Scheme Policy — 14 Outdoor Dining.

NOOSA DESIGN PRINCIPLES GUIDELINE

The proposed changes to the approved plans are consistent with the guiding design principles
referenced in Council's Noosa Design Principles (2015) document. The following extract is in relation
to the proposed Minor Change and current use (Season Restaurant):

FOOTPATH DINING HAS THE ABILITY TO CREATE A VIBRANT ATMOSPHERE IN OUR TOWN AND
VILLAGE CENTRES

e Different seating styles - high, low, shaded and unshaded

e Umbrellas for shade, to attract people and create a relaxed atmosphere.

e Avariety of spaces arranged around existing features and constraints.

e = Appropriate structures that fit with the streetscape.

The existing configuration of outdoor dining at Season Restaurant promotes incidental social
interaction between diners and pedestrians along The Parade. The proposal incorporates a shade

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structure that protects diners from the elements. The lightweight structure allows diners to enjoy the
site’s subtropical location and compliments Hastings Street pedestrian-oriented design.

PLANNING SCHEME POLICY — 14 OUTDOOR DINING

Within Noosa Council's Planning Scheme Policy 14 Outdoor dining, the following extracts are relevant
to the proposed minor change.

Introduction

a) encourage outdoor dining in areas that will not result in significant adverse impacts on
adjacent uses;

b) encourage structures that are aesthetically pleasing and in keeping with the existing
character of the area while providing protection from the elements for users of the premises;

Matters for consideration as part of assessment

a) Structures or buildings constructed to protect diners from the elements must be safe and
attractive. This can be achieved by—
iti Designing structures/buildings so they are compatible with, or enhance the existing
streetscape character;

a) Outdoor dining is to be in keeping with the character and amenity of the locality.
b) In existing well established commercial and tourist precincts such as Hastings Street;
Sunshine Beach; Noosa Junction and Gympie Terrace, outdoor dining is encouraged.

The proposed outdoor dining area and protective shade structure is of a high quality, functional and
cohesive design, and maintains the look and feel of Hastings Street. The proposed amended design
results in an activated streetscape, creating a lively atmosphere and promoting incidental social
interaction between diners and pedestrians. The lightweight shade structure provides protection
from the elements for patrons. The proposed lightweight shade structure:

promotes subtropical design principles and adaptability of use,

does not present an appearance of excessive bulk to adjacent properties,

presents a building height consistent with structures on adjoining and surrounding land,
improves the roof form in a way that it contributes positively to the local skyline,
complements the character of the locality,

uses soft and curved roof forms, and

is of a lesser height than the existing permanent shade structure.

The structure is designed in a manner so that there is unlikely to be any adverse impact on the
amenity enjoyed by residents and visitors, including impacts associated with:

visual and acoustic privacy,
safety and security, and
lighting.

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Whilst it is acknowledged that in 2001 an application to remove Condition 4 was lodged and refused
by Council, a number of circumstances have changed since that time. Council has since released the
following documents which support outdoor dining experiences and the intent of the proposed Minor
Change:

Noosa Plan 2006,

Noosa Design Principles Guideline (2015),

Planning Scheme Policy — 14 Outdoor Dining, and

Draft New Noosa Plan (2019).

This application for a Minor Change to Development incorporating the deletion or amendment to
Condition 4 and change to the approved plans can be supported on a number of grounds which
include:

e No additional outdoor dining area is being created through the provision of the lightweight
shade structure,

e¢ The amended plans result in a 41m? reduction of dining area and thus a carparking credit of
2.4 spaces can be applied,

e The proposal can be defined as a Minor Change to Approval in accordance with Schedule 2
of the Planning Act 2016,

e The minor changes are supported through the strategic intent prescribed within the Noosa
Plan 2006,

e The proposed lightweight hade structure promotes subtropical design principles,

e The shade structure protects diners from the elements,

e The shade structure does not present an appearance of excessive bulk to adjacent
properties,

e The shade structure improves the existing structure and contributes positively to the local
skyline, and

e The amended plans do not result in any changes to the existing landscaped areas.

In summary, the above request for a permissible change will result in a minor change to the use of the
site and is consistent with the intent of the original approval. Approval of the above Permissible
Change is recommended.

Once receipt of the application has been confirmed we will organise payment of the application.
Please confirm the appropriate fee. We look forward to Council processing the application at its
earliest convenience. Do not hesitate to contact myself personally if you have any questions.

Kind Regards,

Ae af

Dvul/ \ Sy
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Russell Green APIA
Managing Director