MCU13-0093.01 Delegated Report · MCU13/0093.01

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	MCU13/0093.01
	
Author:	Glen Conforti -
	
Project Director:	Glen Conforti - Planning Technical Officer
	

SUMMARY:

APPLICATION DETAILS
Application Number:	MCU13/0093.01  MCU13/0093
Applicant:	Ken Morrison Qld Pty Ltd
Request Received Date:	21 July 2014
Original Approval Type:	Development Permit for Material Change of Use of Premises - Entertainment and Dining Business Type1 - Food & Beverages
Number of Submissions for Original Application:	1

PROPERTY DETAILS
Property Address:	2/50 Hastings St NOOSA HEADS
RP Description:	Lot 2 SP 108800
Existing Use of Land:	Restaurant and shops

STATUTORY DETAILS
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 to replace the existing impermeable membrane umbrellas and sails with a timber framed structure covered with polycarbonate roof sheeting. The new structure is pergola style with exposed timber beams and a polycarbonate roof to provide light to the seating area. A raised centre roof area “flies over” the existing roof while a lower roof to the perimeter allows for additional ventilation between the upper and lower roof. No enclosing of the structure is proposed. The proposal increases site cover and 11m² of gross floor area.

BACKGROUND:

Application No.	Decision and Date
TPC 629	22 and 23 June 1977 (Shopping Centre and Art Gallery Complex)
TPC 2528	5 July 1993 ( extension to outdoor dining area)
The current Development Permit for Material Change of Use of Premises - Entertainment and Dining Business Type1 - Food & Beverages was granted on the 26 July 2013. The application combined an approved shop (TPC 629) and an approved 40 seat outdoor dining area (TPC 2528) to a restaurant use. The approval included a slight increase to the internal space of 9.5m² Gross Floor Area and a new membrane to the existing umbrellas and sail structures.

At the time the original application was publicly notified, 1 properly made submission was received.  The submitters were primarily concerned with noise from the outdoor dining area.

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 use of the premises is not changing.
The change would not require the application to be referred to additional concurrence agencies;
The original application was impact assessable and the proposed changes would not likely cause a person to make a properly made submission because the nature of the approval is not changing; only the built form. Note: provide reasons
The 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 proposal seeks to replace the existing tensioned membrane umbrellas and sail structures with a permanent timber framed pergola type structure and clear polycarbonate roofing. Further changes include lowering the planter boxes to street level and to replace the floor covering. The applicant provides the following reasons in support of the application.

The area is approved for outdoor dining under MCU13/0093
The area is currently covered by large permanent umbrella shaped tensioned membrane and sail structures
The existing outdoor dining area lacks character and is not an inviting area for patrons
The structure seeks to provide an atmospheric destination and inviting outdoor dining area
The proposed works will soften and add to the character of the street and building
The proposal does not increase site cover, gross floor area or affect landscaped open space requirements as it merely replaces existing permanent structures on site
Meets the required setback requirements

The proposal does not increase use area or landscaping and does not trigger any additional car parking, but the proposal does increase site cover by 40m² and gross floor area by 11m².

Gross Floor Area
The maximum permissible gross floor area for the site is 977m². The whole development with a gross floor area of less than 550m² (including the proposed 11m²) meets the provisions of the Planning Scheme.

Site Cover
The proposal increases site cover by 5% which extends the developments site cover to 48% exceeding the Codes provision by 3%.

The applicant suggests that site cover is not affected as the existing umbrellas are impermeable, are permanently fixed to the floor and roof, and have been erected for more than 15 years. It is agreed the large umbrellas and sails form permanent cover over the approved outdoor dining area and are not designed to be easily moved, given their size and fixings. Furthermore, the stormwater is directed off the membranes to a colorbond gutter system located near the eastern boundary. The change to site cover is of a technical nature only, as the existing structure is already permanent and impermeable. Notwithstanding the above, the Planning Scheme includes roofed structures and not membrane structures as Site Cover.

The code requires that roofed structures result in a scale compatible with surrounding development and does not present excessive bulk to adjacent properties or roads. The proposal is a more substantial structure than that exists, but is not bulky or large scale given the pergola type design look and feel. An open area between the 2 tiered roof design and by the structure being unenclosed maintains the outdoor dining setting. Although the proposal exceeds the site cover for the site, the proposal is compatible and consistent with development in the surrounding area and therefore meets the relevant outcomes of the Planning Scheme.

The proposal is recommended to be supported when a condition is included to ensure the structure remains unenclosed so as to maintain the outdoor dining setting.

RECOMMENDATION

APPROVE the request to change a development approval, Application No. MCU13/0093.01, situated at The Noosa Gallery 2/50 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:

A.	Change Condition 2 to read as follows:
2.	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 Name	Date
A DA 1 01	A	Proposed Plan, prepared by Paul Kelly Designs	27.06.14
A DA 1 02	A	Proposed Roof Plan, prepared by Paul Kelly Designs	27.06.14
A DA 2 01	A	Proposed Elevation, prepared by Paul Kelly Designs	27.06.14
A DA 2 02	A	Proposed Perspective, prepared by Paul Kelly Designs	27.06.14

B.	Include additional Condition 8 to read as follows:

Additional Condition August 2014

8.	The covered outdoor dining area must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.

C.	Delete 	Item 6 - the list of Approved Plans

REPORT COVER SHEET
PLANNING

APPLICATION NO:	MCU13/0093.01 MCU13/0093
	
AUTHOR:	Glen Conforti
	
PROJECT DIRECTOR:	Glen Conforti
	

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is the application required to be decided by the Iconic Panel?:	Yes     /     No
Is referral required to the Councillor Delegated Sign Off Mailbox?:	Yes     /     No
Has a site inspection been undertaken?:	Yes     /     No
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?:	Yes     /     No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

PLANNING OFFICER	MANAGER

Signature:	Signature:
	
Position:	Position:  Planning Technical Officer
	
Date:	Date:

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on <:

Signature:	Date:
	
	Nb

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