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Planning Statement
Attached to the e-mail Change to Development Approval - 51994.1353.01.
Council Reference: TPC2696 Our Reference: 02204 L02 NG th 14 June 2017 Chief Executive Officer Noosa Council Po Box 141 TEWANTIN QLD 4565 Confidential Email Transmission: [email protected] Original in Post: No RE: PERMISSIBLE CHANGE TO DEVELOPMENT APPROVAL____________________________ Permissible Change to 2696DA for a Restaurant and Outdoor Dining Area over Land described as Lot 5 on SP108800 located at 5/50 Hastings Street, Noosa Heads Please find attached an application for a permissible change to the existing approved restaurant and outdoor dining area which seeks approval to modify the layout of the restaurant and remove a condition restricting the number of seats on site. This letter details the proposal and provides an assessment of the relevant code provisions contained within the Noosa Plan 2006 and the provisions of the Sustainable Planning Act 2009. 1. THE SUBJECT SITE The site comprises an irregular shaped lot, located at the corner of Hastings Street and Noosa Drive, Noosa Heads and is described as Lot 5 and Lot 0 on SP108800. The subject site comprises tenancy 5 and is a ground floor tenancy orientated towards Noosa Drive that has been used for a number of commercial uses including shops and most recently a restaurant known as Gastons. The site is part of a two storey commercial building that includes retail and food orientated tenancies. The site is surrounded by the Ocean Breeze resort to the east and south with the Noosa Heads Surf Life Saving Club located opposite the site to the north. Figure 1 illustrates the location of the site. Figure 1: Site location 2. PREVIOUS APPROVALS OVER THE SITE The original approval for the entire lot was issued June 1977 for Shops (5), Professional Office (real estate) and Art Gallery under TPC 629. Since that time a number of approvals have been granted including:
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• May 1979 – TPC 882 - restaurant use in conjunction with Art Gallery.
• June 1994 - TPC 2673 – restaurant and commercial premises (supper club and boutique bar)
• July 1993 – TPC 2528 - Extension to an outdoor dining area in conjunction with an existing shop
(shop 2)
• August 1994 – TPC 2696 – restaurant and outdoor dining area (shop 5)
TPC 2696 is the approval most relevant to this current application with the approved plan indicating an
espresso bar and takeaway with outdoor seating for 50 patrons. A copy of the approved plan is provided
below:
Figure 2: Approved plan TPC 2696 (source Noosa Council)
3.0 THE DEVELOPMENT APPLICATION
The applicant seeks Council approval to change TPC 2696 to enable the renovation and upgrade of the
existing restaurant tenancy on the site. The upgrade is required to enable a new restaurant known as
Grill’d to operate from the site.
The existing tenancy including internal fit out and external shade sales are dated and are in need of an
upgrade that reflects recent alterations undertaken to other tenancies on the site as well as the character
of the precinct.
The proposed works include:
• New retractable fabric awning over Noosa Drive frontage consistent with the Laguna Jacks
awning;
• Replacement of existing red and white tension membrane sail structures along southern
boundary with new pitched fabric roof over new internal ceiling;
• New planter boxes to be provided above fabric roof at upper levels around all sides of tenancy
and planted with high quality artificial plants;
• New landscape planter provided along Noosa Drive frontage of site;
• New internal layout with new upgraded kitchen including cool rooms, freezer, prep and servery
areas;
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• New tiled floor;
• New besser block balustrade to define premises; and
• Replacement of plastic screens with open powder coated security screens.
The new works present a modern and integrated façade to the street and surrounding units that soften
and define the tenancy
Detailed proposal and landscape plans prepared by Giant Design Consultants illustrating the upgrade
are included in Appendix A.
The applicant also seeks removal of condition 3 of TPC 2696 which states:
3. The outdoor seating shall be limited to 50 seats maximum.
Advice from Council indicates that condition 3 was imposed as a result of a health department
requirements relating to toilet facilities. Advice has been received from a Private Certifier refer Appendix
B that the existing toilets facilities are satisfactory for the site.
4. PERMISSIBLE CHANGE TO A DEVELOPMENT APPROVAL
Under section 367 of the Sustainable Planning Act 2009, a permissible change is:
(1) A permissible change, for a development approval, is a change to the approval that would not,
because of the change—
(a) result in a substantially different development; or
(b) if the application for the approval were remade including the change—
(i) require referral to additional concurrence agencies; or
(ii) for an approval for assessable development that previously did not require impact
assessment—require impact assessment; or
(c) for an approval for assessable development that previously required impact assessment—be
likely, in the responsible entity’s opinion, to cause a person to make a properly made submission
objecting to the proposed change, if the circumstances allowed; or
(d) cause development to which the approval relates to include any prohibited development.
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(2) For deciding whether a change is a permissible change under subsection (1)(b) or (d), the
planning instruments or law in force at the time the request for the change was made apply.
The proposed works are considered a permissible change as:
a) The proposed works do not change the approved restaurant use currently existing on site and is
consistent with the Statutory Guideline 06/09 Substantially different development when changing
applications and approvals as detailed below:
• involves a new use with different or additional impacts - no new use proposed on site. Works are associated with
restaurant use approved for the site.
• results in the application applying to a new parcel of land – no changes to the existing parcel of land.
• dramatically changes the built form in terms of scale, bulk and appearance – proposed works replace and update
existing external walls and roof. Works do not dramatically alter the building form on site.
• changes the ability of the proposal to operate as intended. For example, reducing the size of a retail complex may
reduce the capacity of the complex to service the intended catchment – proposed works improve functioning of site
through the provision of new kitchen and defined dining areas.
• removes a component that is integral to the operation of the development – no components of existing restaurant
removed.
• significantly impacts on traffic flow and the transport network, such as increasing traffic to the site – proposed
works will not impact on traffic flow as existing premise approved for restaurant and outdoor dining.
• introduces new impacts or increases the severity of known impacts - no new impacts introduced as restaurant use
remains the same.
• removes an incentive or offset component that would have balanced a negative impact of the development – not
applicable.
• impacts on infrastructure provision, location or demand. – proposed works do not impact on existing infrastructure.
b) i) No concurrence agencies are triggered by the proposed works.
b) ii) Do not require impact assessment.
c) Not applicable as the works do not require impact assessment.
d) Restaurant use is a consistent use in the Visitor Mixed Use zone in which the site is
contained.
The proposed works are considered to be a permissible change to the approval.
5. ASSESSMENT
The site is included in the Noosa Heads Locality which provides a Visitor Mixed Use zoning over the
property. The proposal has been reviewed against the provisions of the Noosa Plan and is considered to
generally fulfill the provisions of the planning scheme.
The proposal does not increase site cover, gross floor area or affect landscaped open space
requirements as it replaces existing sail structures on site that are located over approved outdoor dining
areas. The proposed internal works modernize and update the existing kitchen whilst the replacement
awnings and roof refresh the appearance of the site.
It is noted the approved plans of TPC 2696 (restaurant and outdoor dining area) indicate outdoor seating
across the front and side of the premises with two small areas of landscaping provided on the south
boundary of the site. The approved plans and conditions also do not detail a setback for the outdoor
dining.
The Noosa Plan 2006 details a building setback of 2 metres (with an average of 4 meters) for ground floor
premises. It is noted that the current restaurant provides no landscape planting or setback to the street
with seating extending to the boundaries of the site. This application seeks to clearly define the dining
area associated with the use by providing new landscape garden beds and seating area setback
0.6metres to 1.3metres across the frontage of the site in combination with a new balustrade and timber
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Page 5 bench. These new landscaping works when considered in conjunction with the new awning and roof soften the built form and enhance the appearance of the site and surrounding pedestrian area. No carparking is applicable to the changes application as the area is already approved for use as a restaurant and outdoor dining area. The applicant also seeks deletion of condition 3 which restricts the number of patrons to 50. As detailed above, advice from the applicants private certifier confirms that the existing toilet facilities on site are sufficient to cater for 200 patrons. The condition is therefore no longer relevant, not able to be easily enforced and should be removed. The proposed changes are considered to improve the building and enhance the streetscape in the area and should be approved. If you have any queries in relation to the application please do not hesitate to contact me. Yours faithfully, Nadine Gorton Senior Planner martoo consulting pty. ltd
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Page 6 _______________________________Appendix Appendix A: Proposal Plans Separate attachment
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Page 7 _______________________________Appendix Appendix B: Private Certifier Comments Separate attachment