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planning report - van de mere · MCU19/0031.01
Development Application
Planning Report
Other Change to Existing Approval MCU19/0031
Material Change of Use for a Retail Business Type 2 – Shop
and Caretaker’s Accommodation
situated at 13 Noosa Dr, Noosa Heads
(Lot 5/RP91777)
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Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................3
1.2 Planning instrument details .......................................................................................................3
1.3 Referral agencies........................................................................................................................3
2.0 Site details ......................................................................................................................... 4
2.1 Site description ..........................................................................................................................4
2.2 Surrounding land uses ................................................................................................................5
2.3 Existing Approvals ......................................................................................................................6
3.0 Proposed development details .......................................................................................... 7
4.0 Planning assessment .......................................................................................................... 8
4.1 Other Change Assessment ..........................................................................................................8
4.2 Compliance with Code requirements..........................................................................................8
4.2.1 The Noosa Plan 2020 ...................................................................................................................... 10
4.2.2 Retail/Residential Use Split ............................................................................................................ 11
4.2.3 Carparking ...................................................................................................................................... 12
4.2.3 Flooding, Drainage and Tree Protection......................................................................................... 12
5.0 State assessment and other matters ................................................................................ 12
5.1 State interests .......................................................................................................................... 12
5.1.1 Matters established in the Planning Regulation ............................................................................ 12
5.1.2 State Planning Policy ...................................................................................................................... 12
6.0 Conclusion ...................................................................................................................... 13
Client Name: Nick Van De Mere
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version: 1
Date: 14 September 2020
This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: Other Change to Existing Approval MCU19/0031 - Retail
Business Type 2 – Shop and Caretaker’s Accommodation
Type of approval sought: Development Permit for Material Change of Use
Site address: 13 Noosa Dr, Noosa heads
Real property description: 5/RP91777
Site area: 417m2
Assessment manager: Noosa Council
Owner details: Javatex Pty Ltd
Applicant details: Nick Van De Mere c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: Nil
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May
Designation: 2014), urban footprint designation.
Planning scheme: The Noosa Plan 2020
Zone: Tourist Accommodation Zone
Level of assessment: Impact
Applicable overlays: Bushfire Hazard Overlay (Buffer)
Flood Hazard Overlay
Applicable codes: Noosa Heads Local Plan Code
Tourist Accommodation Zone Code
Business Activities Code
Works Codes
1.3 Referral agencies
Nil
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2.0 Site details
2.1 Site description
Table 1: Site description
Site Description
characteristic
Existing structures Existing building enclosed = 60m2 area
Existing outdoor area under awning = 35m2
Total use area = 95m2
Frontage and The site includes 14m of direct road frontage to Noosa Dr. A streetlight,
access freestanding sign and melaleuca tree are located along the frontage. The
frontage is heavily used by pedestrian traffic and does not include any kerb &
channel, consistent with the rest of the streetscaping works in this area.
Topography and The site is relatively flat, with a slight fall from the east to west of the site
views towards Noosa Dr.
Existing vegetation 1 x 8m high melaleuca along the Noosa Dr frontage
2 x 20m high eucalypt species in the south eastern corner
1 x 8m high melaleuca along the northern boundary with Ocean Breeze Resort
(tree on their property and majority of canopy on subject site).
Figure 1: Aerial view and site identification
Source: Noosa Council Mapping System
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Figure 2: Site Photo
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses Photos
North Ocean Breeze Resort (52 Hastings St), including the food and beverage tenancies of
Café Le Monde, El Capitano, J1 Sushi, Acai Brothers and Avis Rental Cars.
South 15 Noosa Dr (286m2), currently vacant (previously the Golden Breed surf shop).
Recent approval for new shop additions (MCU14/0053.01 – 4 December 2018).
East The French Quarter resort (1 Halse Ln), including the restaurant and retail tenancies of
Locale, Tom Offerman, cafe and other retailers fronting Hastings St.
West Across Noosa Dr is the Noosa Heads bus exchange (60m walking via pedestrian
refuge).
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2.3 Existing Approvals
A Car Rental Centre was approved by Council in June 1978 subject to 12 general conditions. At the
time of the application, the applicant indicated that parking had been provided on site for 15 cars.
On the 26 August 2019, Council issued an approval for a 95m2 shop (MCU19/0031). A subsequent
Operational Works approval (OPW19/0223) was issued on the 23 April 2020. A copy of the relevant
site plans is included below with onsite parking for 4 cars and 4 scooters.
Figure 3: Existing approved MCU and Op Works plans
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3.0 Proposed development details
The ‘Golden Breed’ surf shop has been located at the entrance the Hastings Street precinct for over
a decade. The Golden Breed branding ‘started in the 1960s and was all about riding the perfect
wave… stepping aside from the ‘rat race’ and society’s expectations of the time. Golden Breed was
born out of the Californian sunset and a yearning for a more free and easy life’.
The proposed redevelopment is in keeping with the branding and allows for casual open areas under
the existing melaleuca tree for discussions about surfing. The architecture includes references to the
weatherboard ‘surf shacks’, which has been modernised to allow for natural light and ventilation
through the building, while retaining the single storey appearance from the Noosa Drive frontage.
The applicant seeks to redevelop the existing ‘Golden Breed’ surf shop with the following features of
the development:
Ground Floor
- 155m2 shop fronting Noosa Dr.
- Driveway access along the northern boundary for the owner’s VW transporter vehicle to
service the site with deliveries and caretaker’s parking.
- Retention of existing trees on the site and adjoining with Ocean Breeze.
- Landscaping around the perimeter of the site.
First Floor
- 90m2 gross floor area caretaker’s accommodation
- 2 bedroom and 2 bathroom
Second Floor
- 32m2 roof deck for caretaker use only
The building is to be finished in a weatherboard fascia with gable roofs facing Noosa Dr, with
associated footpath works to bring people towards the frontage of the shop.
Table 3: Summary of development aspects
Material change of use
Building height and 1st storey – 6.0m to ridgeline (3.2m to 9m setback, avg 6.1m)
setbacks 2nd storey – 9.5m to ridgeline (11m to 15.5m, avg 13.25m)
3rd storey – 11m to ridgeline (19.5m to 23m, avg 21.25m)
Gross Floor Area (GFA) Shop - 155m2
Dwelling Unit – 87m2
Site coverage Total = 42% (175m2)
Ground Floor (155m2 / 37%)
First Floor (116m2 / 28%)
Second Floor (38m2 / 9%)
Car parking The proposal seeks to provide carparking for the owner’s VW
transporter vehicle. All other required parking is to be paid for by
way of contributions.
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4.0 Planning assessment
4.1 Other Change Assessment
The Planning Act 2016 refers to a change application, other than for a minor change to a
development approval as an ‘Other Change’.
In accordance with S82 of The Planning Act 2016, Council must administer, assess and decide the
application as if the change application were the original development application, with the changes
included, but was made when the change application was made; and with necessary changes.
In assessing and deciding the change application, the Council must consider the changes in the
context of the development approval, including the assessment benchmarks in effect when the
application was properly made (The Noosa Plan 2006) and give the weight considered appropriate
to the new statutory instrument (The Noosa Plan 2020).
4.2 Compliance with Code requirements
Parameter Noosa Plan 2006 Proposal Compliance The Noosa Plan 2020 Compliance
Requirement
Setbacks Noosa Dr frontage 1st storey – 6.0m to Y Noosa Dr frontage Y
ridgeline (3.2m to 9m
- 2m, avg of 4m for setback, avg 6.1m) - 2m, avg of 4m for the
the first two storeys. 2nd storey – 9.5m to first two storeys.
- 10m for other ridgeline (11m to - 10m for other storeys
storeys 15.5m, avg 13.25m)
Rear & Sides
Rear & Sides 3rd storey – 11m to
- None specified
ridgeline (19.5m to
- None specified
23m, avg 21.25m)
Parking Off street carparking is 1 parking space for a PO One space per 20m² of PO
provided at a rate of 1 transporter service gross floor area (3).
space per 20m2 of use vehicle
area and 1 space per One scooter per 100m2 of
dwelling unit. use area (1)
Parking spaces are Development avoids the
located such that— a) generation of excessive
open carparking spaces traffic or amenity impacts
are concealed from the to Noosa Parade.
Noosa Drive frontages.
A single ingress or
egress point is provided
for all carparking.
Bicycles 1 bicycle bay per 100m2 2 bays Y 1 bicycle bay per 100m2 (2) Y
(1)
1st storey – 6.0m to
Height Within 10m of Hastings Y 12m Y
ridgeline (3.2m to 9m
St (6m)
setback, avg 6.1m)
Balance are of site (15m) 2nd storey – 9.5m to
ridgeline (11m to
15.5m, avg 13.25m)
3rd storey – 11m to
ridgeline (19.5m to
23m, avg 21.25m)
Site Cover 45% (187m2) 42% (175m2) Y 45% Y
Plot Ratio 11.7 x 280/ha (464m2) 87 + 155 = 242m2 Y 1.12:1 (467m2) Y
(0.58:1)
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Landscaping 10% = 41.7m2 81m2 (20%) Y Development adjacent to Y
the Noosa Drive
Avg. width of 2m to the Retention of existing incorporates landscaping
frontage and trees that complements the
3m along boundaries Note – No room within natural species occurring
adjoining a residential frontage for additional in the local area, protects
zone. on street landscaping. existing vegetation within
the road reserve and
One advanced canopy Gravel driveway with incorporates design
tree in the road verge for linemarking and elements that add visual
every 4 parking spaces. permeable paving at interest to the streetscape.
the rear of the site.
Semi-pervious pavement A minimum of 2 street trees
surfaces are used, such are provided per lot or
as grass cell paving, to every 8 metres of frontage,
increase infiltration of whichever is the greater.
rainwater and minimise
contaminated runoff, 10%
including hydrocarbons,
entering the stormwater
system and
watercourses;
Roof Form 5 degrees and 75% The proposal includes Y Development does not Y
eaves. an open sided roofed include roof top terraces
covered use area on
Development does not the third floor which is
include roof top terraces not considered a roof
top terrace.
Flooding Car parking and Proposed shop level Y Minimum floor heights are PS
manoeuvring areas are 2.2m AHD not less than 1% AEP
constructed at a level +0.3m.
that permits the parking
area to drain from the site Where floor levels are
by gravity means. raised to accommodate
flooding or projected sea
level rise
the building design must
be designed to engage
with the footpath by having
an external terrace within
the front setback area that
is set at an intermediate
level between the footpath
and the main ground floor
that is suitable for outdoor
trading, dining, seating or
display of goods.
Signage The maximum signface Each sign compliant Y Local Law Requirement -
area of any single sign with the 4m2 and 10m2
does not exceed 4m2 on requirements.
any face;
The maximum combined
signface area of all signs
on the premises is 10m2
Waste Waste storage areas, Waste storage areas to Y Waste storage areas, Y
Storage external storage areas be located at the rear external storage areas and
and loading docks are of the building. loading docks are located
visually screened by within basements or are
landscaping or fencing. visually screened by
landscaping or fencing and
situated to the rear of
the building.
Retail The number of non- Shop and Res use PS The number of non- PS
/Residential residential tenancies residential tenancies
Use Split developed on a site does developed on a site does
not exceed the rate of 1 not exceed the rate of 1 per
per 20 accommodation 20 accommodation units or
units or dwelling units. dwelling units.
No development has a
non-Residential use
component of more than
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20% of the gross floor
area on the site;
Streetscape Ground floor uses have The open areas of the Y Development adjacent to a Y
at least 50% transparent shop are to incorporate ‘gateway’ / ‘key corner’
glazing to shopfronts to bifold opening doors to incorporates architectural
create active street the building façade. and landscape treatments
fronts. which emphasise the
corner.
Includes covered
pedestrian entrances to incorporates
premises; indoor/outdoor food and
drink outlets and other
Incorporates outdoor activities that are likely to
dining or landscaped foster casual, social and
areas; business interaction built to
provides variation and the boundary of the active
vitality in setback street frontage; and
alignment; includes the provision of
landscaping, shaded
seating and consistent
footpath treatment that
conforms to the wider
existing or planned
streetscape theme.
Hours of 4 Business Uses operate Seeks to operate from Y Where the site directly Y
Operation only between the hours 7am to 9pm adjoins land in a residential
of 7am and 9pm with the zone or the Rural
exception of Residential zone, the use
Entertainment and dining or activity does not
business, which may operate outside the hours
operate until 2am; of 7:00am to 9:00pm seve
n days per week.
4.2.1 The Noosa Plan 2020
The relevant Purpose and Overall Outcomes of the Noosa Heads Locality Code pertaining to retail
uses in the Hastings Street Precinct is outlined below:
• The Noosa Heads local plan area provides a diverse coastal urban area with a strong focus on tourism, and a
unique character and identity framed by a vegetated backdrop to the built environment,
• Development is of a high design quality, incorporating low rise contemporary sub-tropical building and
landscape design that emphasises the casual, outdoor lifestyle.
• A variety of high-end visitor accommodation, retailing and dining uses incorporate indoor/outdoor spaces
creating active frontages from early morning to late evening.
The proposed retail surf shop is less than 200m2 in area (155m2) and does not overdevelop the site
for a large-scale retail business. The surf shop provides iconic surf clothing and accessories to
residents and visitors while providing for the owner’s caretaker’s residence above.
The proposal improves the visual impact on this important location identified on the Hastings Street
Precinct Map as a ‘Gateway’, ‘Primary Active Streetfront’, ‘Key Pedestrian Area’ and ‘Key Corner’,
as shown below.
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Figure 4: Hastings Street Precinct Frameworks and Character Plan
The design retains the significant trees on the site and does not intrude upon the sightlines down
Noosa Drive, reinforcing the vegetated backdrop of Noosa Hill. The architecture also incorporates
treatments which emphasise the corner location, including varied roof forms, lightweight timber
materials and variations in recessed facades.
The large building setbacks and retention of vegetation respects the layout, scale (including height
and setback) and character of development on adjoining sites. The open shopfronts also provide for
indoor/outdoor activities likely to foster casual, social, and business interaction for extended periods.
The building openings overlook the street and address the key corner with shaded seating and
consistent paving materials. Further pavement selections are to be selected in accordance with
Council requirements and treatments to match in with the streetscape.
The built form includes detailing and articulation for horizontal emphasis and provides connections
to and between key local destinations. The resulting design by a local award-winning architect is an
appropriate response to the key site at the entrance to the Hastings St precinct and provides for a
small surf retail shop, consistent with the relevant outcomes of The Noosa Plan.
4.2.2 Retail/Residential Use Split
Acceptable Outcome AO6.1 seeks for a ratio of at least 20 accommodation units to 1 commercial
tenancy. Although the proposal provides for a mixed-use development including commercial on the
ground floor and residential above, the residential/commercial ratio sought for the site is not practical
on the 417m2 site.
The corresponding Performance Outcome seeks for above ground floor users are predominantly of
a residential nature to accommodate visitors. The proposed caretaker’s accommodation above the
tenancy is designed to cater for the owner of the business and will be used intermittently as he travels
between surf shop businesses in Byron Bay, Gold Coast and Victoria.
The existing approval was for the site to be used only for retail uses, and while the proposal expands
the shop area to 155m2, the design also introduces a residential use to the site consistent with the
relevant built form and use mix sought for the precinct.
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4.2.3 Carparking
The Noosa Plan 2020 requires 8 parking spaces for the retail shop use, 1 space for the caretaker’s
accommodation and 2 scooter bays are provided on the site. The proposal provides for the owner’s
VW Transporter carparking space on the site, which is also used for deliveries. There are also ample
areas on site to provide for scooter parking at the frontage within the open driveway and open space
area at the front and rear of the site.
Council’s contributions in lieu of the provision of onsite carparking policy allows for an infrastructure
agreement to be entered into to facilitate monetary contribution, rather than provide for parking
onsite. The site is located across the road from the Noosa Heads bus terminal and within the Noosa
Heads – Hastings Street area, where a rate of $24,000 per carparking space is applicable (8 x
$24,000 = $192,000).
Considering the relatively small site, high pedestrian traffic along the frontage and location across
from the bus terminal it is appropriate to enter into an agreement for this site.
4.2.3 Flooding, Drainage and Tree Protection
The existing building is constructed at a level between 1.94m and 2.12m AHD, allowing for a flat
transition between the footpath and the site frontage. The applicant proposes to raise the commercial
floor level to 2.24m AHD, allowing for a smooth transition between the existing footpath (1.9m AHD)
and the open frontage courtyard.
The shopfront level has been provided so as to allow for indoor/outdoor activities likely to foster
casual, social, and business interaction for extended periods, without requiring a step in the transition
between the public and private spaces.
360 Civil Consulting include a stormwater layout design similar to that approved as part of
OPW19/0223. The updated design includes Atlantis cells located at the rear of the site under the
driveway (clear of the root zones of the existing trees). All trees are to be retained in accordance
with the endorsed arborist report provided by Kurt Brown and approved as part of OPW19/0223 to
ensure the trees are retained in good health for the life of the development.
Landscaping of the frontage is to be undertaken as part of a subsequent detailed Operational Works
plan with recommendation for species as per Planning Scheme Policy 2 Landscaping.
5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
There are no relevant matters applicable to the application.
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not located within the erosion prone area, as shown on the SPP interactive mapping
system.
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6.0 Conclusion
This application seeks an ‘Other Change’ to the Development Permit for Material Change of Use
Retail Business Type 2 – Shop MCU19/0031 at 13 Noosa Dr, Noosa Heads. The proposed changes
involve expanding the ground floor commercial uses and providing for a caretaker’s accommodation
above. The application is Impact assessable development as the shop does not meet the ratio of 20
residential units to 1 commercial use.
The assessment finds the development meets the relevant Outcomes of the Noosa Plan 2006 and
Noosa Plan 2020, subject to the following grounds of approval:
1. The proposed surf shop is small scale (<155m2) and appropriately located with individual
character to contribute to the local economy and vibrancy of the Hastings St precinct.
2. The Retail Business is associated with the surf tourism trade, which is of interest to
visitors and a unique identity framed by a vegetated backdrop to the built environment,
3. Development is of a high design quality, incorporating low rise contemporary sub-
tropical building and landscape design that emphasises the casual, outdoor lifestyle.
4. Considering the small site area and location it is appropriate to not provide for parking on
the site, consistent with the contributions in lieu of onsite parking policy.
The Assessment Manager’s favourable consideration of the above development application is
therefore recommended. Please contact me if you require any further information and/or clarification
with respect to the above application.
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