Development Assessment Report (002) · 51987.44.01

Page 2

TABLE OF CONTENTS

1.	
   SITE AND APPLICATION SUMMARY ................................................................................ 3	
  

2.	
   INTRODUCTION ............................................................................................................... 4	
  

3.	
   BACKGROUND ................................................................................................................ 5	
  
4.	
   PROPOSAL ....................................................................................................................... 5	
  

5.	
   SUBJECT SITE .................................................................................................................... 7	
  
   5.1.	
   SITE DESCRIPTION .......................................................................................................... 7	
  

   5.2.	
   SURROUNDING LOCALITY ............................................................................................... 8	
  

6.	
   LEGISLATIVE REQUIREMENTS........................................................................................... 9	
  
   6.1.	
   ASSESSMENT FOR APPLICATIONS INVOLVING ‘OTHER CHANGES’ ..................................... 10	
  

   6.2.	
   STATE PLANNING POLICY ............................................................................................. 10	
  

   6.3.	
   SOUTH EAST QUEENSLAND REGIONAL PLAN................................................................... 10	
  
   6.4.	
   REFERRAL AGENCIES ................................................................................................... 10	
  

   6.5.	
   INFRASTRUCTURE CHARGES .......................................................................................... 10	
  
7.	
   PLANNNING SCHEME ................................................................................................... 11	
  

8.	
   CONCLUSION ................................................................................................................ 13	
  




APPENDICES

Appendix A             Architectural Plans
Appendix B             Owner’s Consent




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6.1. ASSESSMENT FOR APPLICATIONS INVOLVING ‘OTHER CHANGES! ......cecesesesseseseseeeeeeeceeeees 10
6.2. STATE PLANNING POLICY ....ecscsssssesesesesescecscseseseseseesenescacasacaeseseesnsacececacaeseeeeneeeeeeeaeaeees 10
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6.4, REFERRAL AGENCIES ......ssececesessesesesesesescecacsesesesesesensacacasaeaeeeenesesececasacseseenenseeeeeeaeaeees 10
6.5. INFRASTRUCTURE CHARGES ...sescsesesesesesssscecscseseseessescneacacasacaeeesnessssecececacseaeeneneeeeeeseeaeers 10
7. PLANNNING SCHEME ........eeeeceeeseessceseeeneceecssecsseessesesecsecseecseceaeesaeeeaeseaeeesessaeseneseeeenaees 11
8B. CONCLUSION... eee eecceeeceseeseecesecsseesnecseeesaecaeecaecsaecssesssesseecaesaeesaeeaeeceeeaeesaeeeaeenaeesaes 13
APPENDICES

 

Appendix A Architectural Plans

 

 

Appendix B =Ovwner’s Consent

 

 

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1.      SITE AND APPLICATION SUMMARY

The following information provides an overview of the site and the planning
framework applicable to the application:

Applicant
Applicant:                        D, Lock & F, Brown
Contact Details:                  Callie Brennan
                                  Mob: 0473 355 912
                                  Email: [email protected]
Registered Landowner(s):          D, Lock & F, Brown



Application
Development Application:          Extensions to the Approved Building and Change
                                  the approval type to a Development Permit for
                                  Material Change of Use of Premises to establish:
                                     • Entertainment and Dining Business Type 1
                                         Food and Beverages.
                                     • Retail Business Type 2 Shop & Salon.
Level of Assessment:              Impact Assessable


Affected Entities:                Nil
SEQRP:                            Urban Footprint



Subject Site
Address:                          6 Thomas Street, Noosaville


Lot Description:                  Lot 1 on RP161212


Area:                             653m2
Easement(s):                      Easement A & Easement C
Locality:                         Noosaville
Zone:                             Visitor Mix Use Zone


Overlays:                         Natural Hazards Overlay – Acid Sulfate Soils,
                                  Flooding.




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2.     INTRODUCTION

This Development Assessment Report has been prepared to support a Change to
Development Approval (Other Change) to Development Notice Approval (Council
Reference DNA 89) for a Retail Shop in accordance with Section 78 of the Planning
Act 2016.

The current owners purchased the property in 2016 and have recently discovered
that some of the floor areas in use have not been approved. A previous owner
undertook the unapproved works approximately 10 years ago. In association with
renovating the existing building on the property, the owners are also seeking to
rectify the use of these floor areas.

The application seeks a retrospective approval for the enclosure of a 29m2 area of
space adjacent to the Thomas Street frontage and the use of single garage space
that has a total area of 27m2 for retail purposes. The application also seeks approval
for the following uses to occur over the premises:
    • Entertainment and Dining Business Type 1 Food and Beverages.
    • Retail Business Type 2 Shop & Salon.

The subject site is situated at 6 Thomas Street, Noosaville and is described as Lot 1 on
RP161212. Under the Noosa Plan the site is included within the Noosaville Locality
and the Visitor Mix Use Zone. The proposed ‘other change’ is subject to impact
assessment.

This report describes the characteristics of the site and surrounding land uses, details
the proposed development, site history and provides an assessment against the
applicable assessment benchmarks.

This report should be read in conjunction with the accompanying covering letter, DA
Forms and Architectural Plans.




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3. BACKGROUND

The original building is believed to have been constructed in the late 1970s and
there is no town planning related approvals associated with the original construction
of the building.

On 6th October 1987, Council at its meeting held, resolved to approve an
application for a retail shop within the premises (Council Reference DNA 89). This
application did not require public notification to occur.

The unapproved works located adjacent to the frontage of the site occurred
approximately 10 years ago by a previous owner of the premises.


4. PROPOSAL

The application is seeking to make a change to the development approval (other
change) to Development Notice Approval (Council Reference DNA 89) for a Retail
Shop.

The change relates to seeking a retrospective approval for the enclosure of a 29m2
area of space adjacent to the Thomas Street frontage and the use of single garage
space that has a total area of 27m2 as detailed below:




Figure 1 – Approved Ground Floor Plan (DNA 89)
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Figure 2 – Current Ground Floor Plan

The change also seeks to change the approval type to a Development Permit for
Material Change of Use of Premises to establish:
   • Entertainment and Dining Business Type 1 Food and Beverages.
   • Retail Business Type 2 Shop & Salon.

It is sought that amended architectural plans, prepared by Andrew McKellar, be
endorsed that reflect the abovementioned changes. The architectural plans also
detail improvements to the existing building, which would include new
weatherboard cladding, new windows and entries, a new roof over enclosed
space, a 3m extension to the awning to align with the extent of the building, new
posts, and a feature frieze below the awning.

The driveway and car parking areas would remain in their current form. A loading
area has been identified at the rear of the site to ensure that it would not obstruct
traffic entering the site.




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Figure 3 – Western (Street) elevation of proposed change

Please refer to Appendix 1 – Architectural Plans for further details in relation to the
design changes.




5. SUBJECT SITE

   5.1. Site Description

The subject site is situated at 6 Thomas Street, Noosaville and is described as Lot 1 on
RP161212.

The site has a total area of 653m2 and contains an existing 2-storey building
comprising 3 retail tenancies at the ground level and residence above.

The site has a 20m frontage to Thomas Street to the west. The premises incorporates
9 existing car parks to the rear.

The site is burdened by 2 easements (Easement A & Easement C) located over the
driveway, which adjoins the northern boundary of the site.

The site achieves vehicular access via a driveway located on the adjoining property
to the north, which incorporates an easement over the driveway (Easement B) to
allow for reciprocal access rights.




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Figure 2 – Aerial Photograph of the subject site.


   5.2. Surrounding Locality

The Noosa River is situated 90m to the north. The site is located along Thomas Street,
which consists of a vibrant mix of shops, cafes and restaurants that offer active
frontages to the street.

Please refer to the figure below, which illustrate the site in relation to the surrounding
area.




                                                                              Page 8 of 13

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Figure 4 – Aerial Photograph of the subject site and surrounding locality.



6. LEGISLATIVE REQUIREMENTS

In accordance with section 78 of the Planning Act 2016, a person may make a
change application to a development approval, with the application being made
to the responsible entity. In this case, Noosa Council is the responsible entity.

Section 79 states the requirements for change applications, being:
•     Made in the approved form;
•     Accompanied by the required fee; and,
•     Accompanied by land owner consent.

All of the above information has been included herein this application package.



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   6.1. Assessment for Applications involving ‘Other Changes’

The proposed changes do not constitute a minor change as defined under the
Planning Act 2016 as if the application, including the change, were to be remade
under the current planning scheme, it would require public notification which was
not required for the original development application.

Section 82 of the Planning Act 2016 details the process for assessing and deciding
Change Applications, other than for a Minor Change. Generally, the process for
administering and assessing an ‘other change’ application, is undertaken as if the
changes formed part of a new Development Application.

   6.2. State Planning Policy

The State Planning Policy (SPP) defines the Queensland Government’s policies about
matters of state interest in land use planning and development. The SPP only applies
to development assessment if the planning scheme has not yet appropriately
integrated the SPP. If there is a discrepancy between a local planning scheme and
a state planning policy, then what is outlined in the state planning policy overrides
the planning scheme. It is considered that the planning scheme adequately reflects
the relevant assessment benchmarks contained within Part E of the SPP


   6.3. South East Queensland Regional Plan

The site is identified to be within the Urban Footprint designation of the South East
Queensland Regional Plan 2017. The proposed commercial activity is consistent with
this designation.


   6.4. Referral Agencies

The proposal does not trigger referral to any external agency.


   6.5. Infrastructure Charges

All new development approvals issued on and from 1 July 2011 are governed by
Local Government Charges Resolutions in accordance with State Planning
Regulatory Provision (Adopted Charges).

On 20 September 2018, Noosa Council adopted the Noosa Shire Council Charges
Resolution (No 3) pursuant to the Planning Act 2016, which is to be read in
conjunction with the State planning regulatory provision. The resolution determines
the adopted infrastructure charges applying to the development.

Charges applying to development


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Table 10.3 of the resolution identifies the applicable Council charge rate for both
Entertainment and Dining Business Type 1 Food and Beverages and Retail Business
Type 2 Shop & Salon to be $184.45/m2 of GFA and an additional $10 per m2 of
impervious area over the site.

The proposed extensions incorporate a total additional gross floor area of 56m2 and
no additional impervious area.

The total infrastructure charges applying to the extension would therefore equate to
$10,329.20 + Indexation.



7. PLANNNING SCHEME

As this request is for an ‘other change’, the application is required to have regard to
the current Assessment Benchmarks that apply to development, which include:
    • Noosaville Locality Code
    • Business Uses Code
    • Landscaping Code
    • Driveway and Carparking Code
    • Natural Hazards Overlay Code (Flood Hazard Areas & Acid Sulfate Soil Areas)

Table 1 below provides an assessment of the proposal against the other applicable
codes:

Table 1 – Code Compliance Table (other applicable codes)

Applicable Code             Comment
Noosaville Locality Code    The proposed development is contained within the
                            footprint of an existing building and does not raise any
                            issues with the outcomes contained within Noosa
                            Noosaville Locality Code.

                            The proposed renovations will incorporate a mix of
                            lightweight and textured building materials and create a
                            vibrant active frontage that will compliment the
                            character of Noosaville and integrate with surrounding
                            buildings.
Business Uses Code          The proposed extensions and uses do not raise any issues
                            against the outcomes contained within the Business Uses
                            Code.

                            The proposal incorporates the refurbishment and
                            extension of an existing street awning. As illustrated on
                            the architectural plans, the design will be aesthetically
                            pleasing and in keeping with the existing streetscape
                            character of Thomas street, as sought by O36 of the
                            code.
Landscaping Code            The proposed changes will not impact on the existing
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                     landscaping contained on the site.
Driveways and        Carparking
Carparking Code      The retrospective approval of the floor areas would result
                     in the loss of 1 garage space and requirement for an
                     additional 1.9 car spaces associated with 38m2 of
                     additional use area (56m2 of additional floor area minus
                     18m2 of kitchen space). This would total 3 additional
                     spaces spaces.

                     The use of these floor areas has been occurring for over
                     10 years when a previous owner of the site enclosed the
                     area adjacent to Thomas street. The use of these areas
                     has not resulted in any significant offsite carparking
                     impacts and overall the development continues to
                     provide sufficient onsite parking to cater for the peak
                     demand the use in accordance with Specific Outcome
                     O7 of the Code. It is therefore considered that the
                     approval of these spaces would not raise any issues
                     against the driveways and carparking code.

                     Service Vehicles
                     A loading area has been identified at the rear of the site
                     to ensure that it would not obstruct traffic entering the
                     site. While it would obstruct car parked within the site,
                     these would be patrons of the site and the truck would
                     only be there for a short period to service the premises.
                     The proposal is considered to provide an improved
                     outcome to the current circumstance where service
                     vehicles wither pull up on the street, or on the driveway
                     which block cars entering the site. Given the very small
                     size of these tenancies, loading trucks would only be
                     standing onsite for short periods of time to unload goods
                     associated with the restaurant uses. Any short-term
                     obstruction of car spaces can be managed onsite by
                     the operators.

Flood Hazard Areas   No changes are proposed to the floor levels within the
                     existing building. While these floor levels are below
                     current minimum floor height requirements, the
                     extensions to the floor areas relate to very small floor
                     areas comparative to the overall floor area of the
                     building. The use of these areas would not further
                     compromise the safety of people during flood events.

Acid Sulfate Soils   The proposed changes would not result in any
                     earthworks or potential to disturb acid sulfate soils.




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8. CONCLUSION

This Town Planning Report demonstrates that the request for an ‘other change’ to a
Development Approval is warranted subject to reasonable and relevant changed
to the approval package on the following basis:

   •   The proposed changes seek for retrospective approval of minor extensions to
       a existing building and are consistent the intent of an ‘other change’ under
       the Planning Act 2016;
   •   The development will not cause any significant impacts to offsite carparking
       or the external road network.
   •   The changes are consistent with the planning scheme’s intent for Thomas
       Street to provide a vibrant active street frontage that will offer food,
       entertainment and shopping opportunities to residents and visitors.
   •   The development will provide an overall positive outcome for the streetscape
       and local area.

This report has identified that the proposed development complies with the relevant
provisions of the Noosa Plan and does not raise any significant issues that cannot be
addressed by reasonable and relevant conditions.

This office trusts that the information supplied comprehensively addresses all of the
issues that are to be considered by The Noosa Plan. Should you have any questions
in relation to the proposal, or any aspect of the development, please do not
hesitate to contact the undersigned on 0473 355 912 or via email
[email protected]



Yours sincerely,




Callie Brennan
Town Planner




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