Council Report MCU21 0164

MCU21/0164 - development application for MATERIAL CHANGE OF USE – FOOD AND DRINK OUTLET at 6/52 HASTINGS STREET, NOOSA HEADS
Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	ECM/ Application/ MCU21/0164

Attachments	1.	Proposal plans

APPLICATION DETAILS
Applicant	Coffee Rock Investments P/L TTE
Proposal	Material Change of Use - Food and drink outlet
Properly Made Date	22 September 2021
Information Request Date	21 October 2021
Information Response Date	4 November 2021
Decision Due Date	10 December 2021
Number of Submissions	Not applicable
PROPERTY DETAILS
Property Address	Ocean Breeze 6/52 Hastings St Noosa Heads Qld 4567
RP Description	BUP 4745 Lot 6 BUP 4745
Land Area	112m² 5,098m²
Existing Use of Land	Food and drink outlet
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation Zone
Precinct	Hastings Street Mixed Use Precinct
Local Plan Area	Noosa Heads Local Plan Area
Overlays	Land Subject to Acid Sulfate Soils Overlay Flood Hazard Overlay
Assessment Type	Code
EXECUTIVE SUMMARY
The application seeks to undertake modifications to the building currently occupied by Café Le Monde to facilitate improvements to the existing Food and Drink outlet. The works provide for a rejuvenation of the street frontage and incorporate design elements that provide for street activation, emphasise a casual outdoor lifestyle, and contribute to the vibrancy of Hastings Street.
Extensive landscaping is proposed to the frontage of the site which will assist to integrate the built form with the sub-tropical coastal setting. No additional car parking is required as the development does not result in additional use area.
It is recommended that the application be supported subject to conditions.
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 7 December 2021 regarding MCU21/0164 for a Development Permit for Material Change of Use - Food and drink outlet situated at Ocean Breeze 6/52 Hastings St Noosa Heads and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
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/Document Name	Date
TP 1.00	B	Ground Floor Plan, prepared by Frank Macchia	02.10.2021
TP 1.01	B	First Floor Plan, prepared by Frank Macchia	02.10.2021
TP 2.00	B	Elevations – with landscape, prepared by Frank Macchia	02.10.2021
TP 2.01	B	Elevations – no landscape showing, prepared by Frank Macchia	02.10.2021
TP 3.00	B	Sections - with landscape, prepared by Frank Macchia	02.10.2021
TP 3.01	B	Sections – no landscape showing, prepared by Frank Macchia	02.10.2021
TP 4.00	B	Perspective, prepared by Frank Macchia	02.10.2021
TP 4.01	B	Perspectives, prepared by Frank Macchia	02.10.2021
TP 4.02	B	Perspectives, prepared by Frank Macchia	02.10.2021
TP 4.03	B	Perspectives, prepared by Frank Macchia	02.10.2021

External Building Finishes
The development must be constructed in lightweight and natural materials, such as timber, as detailed on the approved plans.
Currency Period
This development approval lapses if the use has not happened by 16 December 2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The approved use must not operate outside the hours of 6am to 12:00 midnight 7 days a week.
Any live music must be contained within an enclosed acoustically treated environment.
The approved uses and associated activities must not result in environmental nuisances such as noise, visual or odour impacts that unreasonably diminish the amenity of the area or surrounding uses.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Frontage Works
The road reserve at the frontage must be landscaped in accordance with the approved landscape plan and maintained by the property owner for the life of the development.
The existing pavement/pavers within the road reserve must not be modified.
Landscaping
The development site must be landscaped in accordance with the approved landscape plan.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks approval to renovate the existing premises at 52 Hastings Street known as Café Le Monde by replacing some of the existing structures within the common property area.
As advised by the applicant the proposal includes:
the reconfiguration of the approved roof form to be square to the existing dominate building to the rear of the site;
2 defined seating areas and a centrally located walkway access from Hastings Street;
a staggered presentation to the street and additional landscaping;
A 26.6m2 small roof deck to the western side of the lot which includes a landscaped green roof. The roof deck dining area is setback 3m from the front boundary with a green roof presenting to the street;
A lightweight roof over the eastern part of the use area;
Additional landscaping to the frontage ranging in width from 1m to 2.6m;
An average setback greater than 4m;
No net increase to total use area.
It is proposed to utilise a range of materials including:
Recycled timber – stained mid to dark
Glass
Metal (copper/brass colour tones)
Retractable fabric awning

The following images detail Locality Plans and the proposed development.

Figure 1 – Locality

Figure 2 – Locality Plan

Figure 3 – Proposed Ground Floor Plan

Figure 3 – Proposed First Floor Plan

Figure 4 – Hastings Street Elevation

Figure 5 – Hastings Street 3D view
site details
Background
The existing development including the sidewalk café was approved on 21 and 22 May 1990 (TPC 1135). On March 1995, Council approved (TPC 2754) extensions and alterations to an existing restaurant, which included 136m2 of outdoor dining area.
In July 2008 Council approved a change to TPC 1135 which permitted the development of lightweight awning structures over what was the alfresco dining area for Café Le Monde.
The current extent of structures to the Hastings Street frontage is not in accordance with the changed approval and exceeds what was approved in July 2008, including an awning which overhangs the road reserve.
The following images detail the approved site plan for the 2008 change application and the current aerial photograph of the site detailing the structures to the Hastings Street frontage.

Figure 6: Approved roof plan

Figure 7: Aerial photograph of existing development on site
Site Description
The subject site is located at 52 Hastings Street, Noosa Heads. The site is currently occupied by residential (Ocean Breeze Apartments) and commercial uses including shops to Noosa Drive and cafes/restaurant to Hastings Street. This application relates to Café Le Monde, which is situated on the site’s Hasting’s Street frontage. Currently, Café Le Monde features an area of covered dining within the site’s common property area. There is limited landscaping associated with Café Le Monde, having been removed with the unapproved works.
Surrounding Land Uses
The surrounding area comprises a mix of development which includes tourist accommodation, retail, commercial and restaurant uses.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Tourist Accommodation Zone Code;
Noosa Heads Local Plan Code;
Business Activities Code; and
Works Codes.
Locality Provisions
The subject site is located in the Noosa Heads Locality and is zoned Tourist Accommodation. The proposed use is identified as a consistent use with the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:

Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys within 10 metres of Hastings Street frontage - otherwise 4 storeys 6 metres within 10 metres of Hastings Street frontage - otherwise 15 metres	2 storeys 5.75 metres	
Site cover	45% max	Approx.. 45%	
Plot ratio	1.12:1	< 1.12:1	
Boundary setbacks	The southern side of Hastings Street, east of Noosa Drive: a. 2 metres, average 4 metres from the front boundary to Hastings Street and Noosa Drive for the ground floor and second storey; b. 10 metres from the front boundary to Hastings Street and Noosa Drive above the second storey; and c. 6 metres from the front boundary to Morwong Drive.	Ranging from 0 metres to 4.5 metres Not applicable Not applicable	X
Length of wall	15 metres max	< 15 metres	
Built Form
The Noosa Plan 2020 includes numerous provisions regarding built form, including:
Development to be of a high design quality, including low-rise subtropical design…..that emphasises the outdoor casual lifestyle
That building to take the form of small separate buildings
That buildings and structures incorporate a mix of lightweight and textured external building materials or materials that reflect the natural environment such as timber and rock face
Development incorporate verandahs, open balconies or shaded patios for outdoor living, with open, transparent or semi-open balustrades
The following image details the existing Hastings Street frontage of the subject site and renders of the proposed development:

Figure 8: Hastings Street frontage (Google street view - September 2019)

Figure 9: Proposed Hastings Street frontage

Figure 10: Proposed Hastings Street frontage (species selection to be confirmed)
The proposed works provide a significant improvement to the existing built form’s presentation to Hastings Street incorporating a low rise sub-tropical design with openable elements which contribute to an indoor/outdoor milieu and a mixture of textured external material reflective of the natural environment.
The front setback of the lower level is varied ranging from 0 to 4.5 metres, with extensive landscaping included within the setback’s areas. Notably, the proposal includes an upper-level dining terrace. The terrace is setback 3 metres from Hastings Street whilst the roof pergola is setback 5.5 metres. The rooftop terrace includes an opening to Hastings Street and incorporates landscape in rooftop planters. An edge of the rooftop planter is approximately 350mm from the front boundary and increases to a setback of 2.3 metres. The varied and stepped front setback provides for visual interest and ensures that the building does not dominate the streetscape.
Site cover:
Noting that the overall development was approved in 1990 the officers report at the time did not include an assessment of site cover. The application material submitted at that time referenced a site cover of 30.188% plus 122m2 of site cover. Site cover was also not articulated in subsequent change applications.
Notwithstanding, a desktop assessment of site cover using aerial photographs and the building unit plans suggests that the site cover does not exceed the maximum 45% permitted by the scheme.
Notwithstanding, a comparison of the site cover attributed to the new works and the site cover of the 2008 change approval shows the proposal will increase site cover by 5m2. The applicant’s assessment of site cover is detailed in the following image and included within the set of proposal plans at Attachment 1

Figure 11: Site cover comparison
On balance, the merits of the proposed design which includes articulated landscaped setbacks to the Hastings Street frontage and use of textured and natural materials will ensure that the proposed development is an improvement on what was approved in 2008 and currently exists on site.
Gross Floor Area
The proposed development constitutes additional plot ratio. The works approved under the 2008 change approval did not constitute plot ratio as the awning area was not enclosed.
Similar to site cover the gross floor area of the overall development was not detailed in the original officer’s report or the report associated with the 2008 change application.
An assessment of the building unit plans has clarified that the approved built form does not exceed the current allowable plot ratio noting that some built form is now located within the common property area and not included on the building unit plan. Notwithstanding, based on a desktop analysis of the site, including the existing structures within the common property area, the existing development does not currently exceed plot ratio.
Accordingly, it is considered that sufficient gross floor area is available for the proposed works to not result in an exceedance of the planning scheme’s plot ratio requirements.
Landscaping
The proposal incorporates landscaping to the majority of the site’s frontage at the ground level with additional planting to be provided on the upper level. Landscaping is to be provided both within the site and within the first metre of the road reserve as the front boundary of the site is recessed further back from the curb than the adjoining property to the west. The submitted landscape concept plan identifies that species selection will be consistent with those detailed in Council’s landscaping policy.
The extent of landscaping proposed will contribute to a positive streetscape character noting that landscaped setbacks to the Hastings Street frontage varies along the street with some sites having no soft landscaping whilst others have retained character trees in small garden beds.
Other
The proposal does not result in additional use area and therefore no additional car parking is required.
It is recommended that a condition be included to ensure the operating hours remain consistent generally with the operating hours of other restaurants/cafes in Hastings Street.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
conclusion & REASONS FOR DECISION
The application seeks to undertake modifications to the building currently occupied by Café Le Monde with the works located within common property. The works provide for an improvement to the Hastings Street frontage incorporating design elements that are consistent with the outcomes of the Noosa Plan. Extensive landscaping to the frontage of the site will assist in integrate the built form with the sub-tropical coastal setting. No additional car parking is required as the development does not result in additional use area.
It is recommended that the application be supported subject to conditions.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning	x	Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 DECEMBER 2021

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