Minor Change Report 51901.3786.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	51901.3786.01
Development Approval	TPC1737 Multiple Dwelling 18 Units, 3 Shops, Gymnasium and Meeting Room
Applicant	Netanya Management Pty Ltd
Request Received On	31 July 2019

PROPERTY DETAILS
Property Address	Netanya 71 Hastings Street, Noosa Heads Qld 4567
RP Description	Lot 1 on BUP101500 (applicant applied for) Lot 7 on SP266734 (correct title reference)
Land Area	3,498m2
Existing Use of Land	Mixed use – residential and retail

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Visitor Mixed Use
Overlays	Natural Hazard Overlay (Flood Hazard and Acid Sulfate Soils)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval located at 71 Hastings Street, Noosa Heads. The proposal is located within the Netanya development, a mixed use development comprising of short term visitor accommodation, and various business uses, including entertainment and dining business and retail business.
It is noted the Applicant referenced the incorrect Lot and Plan number on the Change Application Form, being Lot 1 on BUP101500, however the development area is located within Lot 7 on SP266734. Owners Consent has been provided for Lot 7 on SP266734.
The minor change application proposes to alter an existing 11.5m2 ‘service court’, an area located on the western boundary of the property, and viewable from the Hastings Street frontage (refer to Figure 1). The ‘service court’ area is used as a passageway by staff of the onsite café to move between the kitchen and dining areas of the café, and is utilised for the storage of equipment, including a fire hose reel and waste storage. The area is not accessible by patrons of the development or members of the public.

Figure 1: Site Plan

The ‘service court’ is currently an unroofed courtyard area, and is entered from the street front via an existing gate (refer to Figure 2), with two doors allowing direct access into the building located within the courtyard area.

Figure 2: Existing Service Court

The proposal includes the removal and replacement of the existing gate and front wall, with the new gate being incorporated into a 3480mm high ‘screen’ (refer to Figure 3).

Figure 3: Proposed Service Court as viewed from Hastings Street
The proposal includes an additional 3750mm long by 1800mm high screening to be constructed on top of the existing 1680mm high western block wall boundary fence (refer to Figure 4). The addition of the screening on top of the existing block work wall will result in a total height of 3480mm of wall on the common boundary.

Figure 4: Proposed Service Court as viewed from Western Boundary

The proposal also includes a new roof over the area, and a repaint of the area to be consistent with the existing development. The roof will not be viewable from the Hastings Street frontage or the adjoining property, due to the proposed screening (refer to Figure 5).

Figure 5: Roof line
background
The site has numerous development permits, including:
Town Planning Consent TPC15 for Multiple Dwellings (20 Units);
Town Planning Consent TPC1008 for 29 Motel Units, 3 Shops and 2 Restaurants;
Town Planning Consent TPC1737 for Multiple Dwelling 18 Units, 3 Shops, Gymnasium and Meeting Room was approved on 26 August 1985 under the 1985 Planning Scheme, followed by an amendment to the approval on 21 October 1986, a ‘substantially in accordance with existing approvals' granted on 21 September 1987, and an amendment to the approval on 3 May 1990;
Town Planning Consent TPC1994 for Changes to an existing application – Beauty Parlour;
Town Planning Consent TPC2418 for an extension to a Restaurant (outdoor dining area) was lodged on 17 February 1992, approved on 10 April 1992 and town planning permit issued on 21 July 1993;
Town Planning Consent TPC2639 for refurbishment of Pavilions Restaurant;
Town Planning Consent TPC2678 for conversion of part of an existing restaurant into 3 shops;
Town Planning Consent TPC2679 for an alteration to the previous Consent (TPC2418) was made on 25 February 1994, approved 14 July 1994 and issued 28 April 1995.
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosa Heads Locality Code
Business Uses Code;
Residential Uses Code;
Landscaping Code; and
Engineering Works Codes.
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the use is not changing;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The site is located within the Visitor Mixed Use Zone in the Noosa Heads Locality under The Noosa Plan. Following is an assessment against the relevant planning scheme provisions:
Overall Outcome
qq)  	For the Visitor Mixed Use Zone—development—
respects the scale and character of the streetscape and surrounding development;
The western portion of the Netanya development is 4 storeys and roof top terraces, and setback 6 metres from the Hastings Street boundary, and already presents as significant bulk to the street frontage and western adjoining property. It is considered that the alteration, resulting in a 3480mm wall and screening presenting to the western and road boundaries will result in additional bulk to the already significantly bulky appearance of the development, both to the Hastings Street road frontage and the western adjoining property. The development is not considered to respect the scale and character of the streetscape and surrounding development.
Setback
The Noosa Heads Locality Code Specific Outcome O8 states Buildings and other structures are appropriately designed and sited to—
provide amenity for users of the premises as well as preserve the visual and acoustic amenity of adjoining and nearby properties;
provide adequate distance from adjoining land uses
preserve any existing vegetation that will buffer the proposed building;
allow for landscaping to be provided between buildings;
maintain the visual continuity and pattern of buildings and landscape elements within the street;
protect public safety and property within erosion prone areas by ensuring such areas are maintained largely free of development; and
help protect the natural character and visual amenity of coastal areas and watercourses.
Schedule 1 of the planning scheme states ‘If there is a conflict between minimum boundary setbacks in Table 1-1, Table 1-2 or Table 1-3, the greater boundary setback prevails’, therefore the Multiple housing setback provisions override the setback requirements of the Visitor Mixed Use Zone. Therefore, the side boundary setback should be a minimum of half the building height in metres calculated at that same point. Therefore, the setback should be a minimum of 1740mm on the side boundary. The proposed alteration is located on the common property boundary, with a 0m setback.
The proposal includes an additional 3750mm long by 1800mm high screening to be constructed on top of the existing 1680mm high western block wall boundary fence (refer to Figure 4), located on the common boundary between the subject site and the Noosa Surf Club, a reserve site. The addition of the screening on top of the existing block work wall will result in a total height of 3480mm of wall on the common boundary. The proposal is in proximity to a pedestrian link to the beach located along the eastern boundary of the adjoining property.
The proposal does not comply with Specific Outcome O8, as the additional visual bulk added as a result of the alteration will not preserve the visual amenity of the adjoining property, particularly for pedestrians using the beach access walkway. In addition, being built to boundary would not allow for landscaping (on the subject site) to be provided between buildings, and does not maintain the visual continuity and pattern of buildings and landscape elements within the street, as no other development within proximity to the subject site are built to the boundary. The development is not considered appropriately designed and sited, and is not consistent in the locality of Hastings Street.

Site cover, gross floor area and plot ratio
The Noosa Heads Locality Code Specific Outcome O9 states:
The site cover, gross floor area and plot ratio of buildings and other roofed structures—
results in a building scale that is compatible with surrounding development;
does not present an appearance of excessive bulk to adjacent properties, roads or other areas in the vicinity of the site;
maximises the retention of existing vegetation and allows for soft landscaping between buildings;
allows for adequate area at ground level for outdoor recreation, entertainment, clothes drying and other site facilities; and
facilitates onsite stormwater management and vehicular access.
The western portion of the Netanya development is 4 storeys and setback 6 metres from the Hastings Street boundary, and presents as significant bulk to the street frontage and western adjoining property. It is considered that the alteration, resulting in a 3480mm wall and screening presenting to the western and road boundaries will result in additional bulk to the already significantly bulky appearance of the development, both to the Hastings Street road frontage and the western adjoining property.
The adjoining property to the west contains a pedestrian link, allowing access from Hastings Street to Noosa Main Beach via a walkway. The entry to the walkway is located adjacent to the ‘service court’. The proposed alteration will appear dominant to pedestrians entering the walkway, and is not considered to provide a vibrant pedestrian friendly streetscape or enhance the pedestrian link from Hastings Street to the beach. In addition, the proposal is located on the western common property boundary (0m setback), and does not allow for soft landscaping to be located on the subject site to soften the appearance of the building.
Given the existing development is already considered to be of a bulk not consistent with the surrounding area, any additional bulk is to be avoided, and therefore is not supported by Council.
Non-compliance with Specific Outcome O10 Site Cover and Specific Outcome O13 Gross Floor Area is further discussed below.
Site Cover
The Noosa Heads Locality Code Specific Outcome O10, states Site cover for the Visitor Mixed Use Zone does not exceed 45%.
Council records (TPC2418) indicate the Site Cover as at 7 May 1996 was estimated at approximately 48%. The enclosure of the ‘service court’ by roofing the existing courtyard will increase site cover by approximately 0.3%, further exceeding allowable site cover under the provisions of The Noosa Plan. Site cover in excess of 45% is inconsistent with the intended streetscape and the surrounding character of the north eastern portion of Hastings Street. Given the site is already overdeveloped as per the provisions of the planning scheme, additional site cover is not consistent with the intent of the planning scheme, and therefore is not supported by Council.
Gross Floor Area
The Noosa Heads Locality Code Specific Outcome O13 states For the Visitor Mixed Use Zone the maximum a gross floor area is equivalent to the maximum allowable population in persons multiplied by 40m2. Therefore, the maximum GFA for the site is 3,917m2. Council records (TPC1737) indicate the Gross Floor Area as at 14 August 1991 was estimated at approximately 3,813m2. TPC2418 for an extension to a Restaurant approved in 1992 included an additional 118m2 outdoor dining area, resulting in a total GFA of approximately 3,931m2.
The proposal is to roof an existing open ‘service court, increasing the Gross Floor Area by 11.5m2. No information confirming the current GFA was provided with the application material, however given the above estimates, it is considered that the additional 11.5m2 GFA would not comply with requirements under The Noosa Plan and therefore is not supported by Council.
Character and Amenity of the Street
The Noosa Heads Locality Code Specific Outcome O52 states The character and amenity of the street is protected through
a single access point to the development.
The ‘service court’ area currently contains a gateway entry into the unroofed courtyard area, with access to the building gained via two doors located within the courtyard. The proposal aims to enclose the area by roofing the courtyard. Enclosing the ‘service court’ will result in a new direct access point into the building from the Hastings Street road frontage. As such, the proposal does not comply with the provisions of the planning scheme.
The area subject to the application is currently utilised by staff of the onsite café only, and will not be accessible by patrons of the building or members of the public. It is not desirable to create a new access point for staff to be entering the building off the Hastings Street road frontage, or to be removing/moving waste containers in and around the area along Hastings Street, as doing so will negatively impact the amenity of the street. The proposal does not comply with Specific Outcome O52, and is therefore not supported by Council.
Pedestrian Connectivity and Scenic Amenity
The Noosa Heads Locality Code Specific Outcome O55 states Pedestrian links from Hastings Street to the beach, adjacent parkland, national park, foreshores, reserves and residential neighbourhoods are enhanced.
The proposal includes an additional 3750mm long by 1800mm high screening to be constructed on top of the existing 1680mm high western block wall boundary fence, located on the common boundary between the subject site and the Noosa Surf Club, a reserve site. The addition of the screening on top of the existing block work wall will result in a total height of 3480mm of wall on the common boundary and fronting Hastings Street. The proposal is in proximity to a pedestrian link, allowing access from Hastings Street to Noosa Main Beach via a walkway. The entry to the walkway is located adjacent to the ‘service court’ (refer to Figure 6). The proposed alteration will appear dominant to pedestrians entering the walkway, and is not considered to provide a vibrant pedestrian friendly streetscape or enhance the pedestrian link from Hastings Street to the beach. Given the non-compliance with Specific Outcome O55, the proposal is unable to be supported by Council.

Figure 6: Access to the Pedestrian Walkway

draft planning scheme
The draft Planning Scheme zones the subject site Tourist Accommodation, Hastings Street Mixed Use Precinct. This zone reflects the intent of the current zone under the existing Noosa Plan, including site cover provisions. The new scheme provisions are similar to the current planning scheme and therefore no changes to the assessment or recommendation would result under the New Noosa Plan.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The application seeks a minor change for Multiple Dwelling 18 Units, 3 Shops, Gymnasium and Meeting Room by way of altering an existing 11.5m2 service court area to be renovated and roofed is recommend for refusal. The proposed development is not consistent with the relevant Specific Outcomes of the Noosa Heads Locality.
RECOMMENDATION
With regard to Application No. 51901.3786.01 to make a minor change to an existing approval for Multiple Dwelling 18 Units, 3 Shops, Gymnasium and Meeting Room, situated at 71 Hastings Street, Noosa Heads, described as Lot 7 on SP266734, provided in accordance with Section 63(5) of the Planning Act 2016, Council on 12 September 2019 decided to refuse the change for the following reasons:
The proposal is not consistent with the Overall Outcomes of the Noosa Heads Locality as the  development is not considered to respect the scale and character of the streetscape and surrounding development;
The proposal is not consistent with the Specific Outcomes of the Noosa Heads Locality as:

The proposed 0m side setback and additional visual bulk added as a result of the alteration will not preserve the visual amenity of the adjoining property, is not considered appropriately designed and sited, and is not consistent with the existing streetscape;
The proposed development will contribute additional site cover and gross floor contrary to O9, O10, O12 & O13;
enclosing the ‘service court’ will result in a new direct access point into the building from the Hastings Street road frontage, which is not consistent with the planning scheme; and
the proposed alteration will appear dominant to pedestrians entering the walkway, and is not considered to provide a vibrant pedestrian friendly streetscape or enhance the pedestrian link from Hastings Street to the beach.

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