Minor Change Report 51901.4780.06

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	51901.4780.06
Development Approval	Town Planning Consent - TPC 56
Applicant	Gympie Terrace Pty Ltd Tte
Request Received On	8 January 2019

PROPERTY DETAILS
Property Address	203 Gympie Tce Noosaville Qld 4566
RP Description	Lot 2 RP 138699
Existing Use of Land	Mixed Use complex (shops, restaurants, offices)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Visitor mixed Use
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to include some minor changes to use areas of tenancies 2, 3, 6B, 8, 9 10. The changes generally relate to changing tenancy 6B to toilet and store room and distributing that Use Area to various tenancies including the use of the garden deck near Thomas Street for outdoor dining. The garden is proposed to be widen by 0.5m to become a more usable width.
Figure 1 below shows the proposed Use Areas and outdoor dining areas.

Figure 1 - Use Area and Outdoor dining areas.
The following Table 1 identifies the tenancies where a change to Use Area is proposed.
Table 1 - Use and area for whole development - red text indicates proposed changes.
Shop #	Size m²	Current Approved Use	Use	Use of Floor area
1	55	Refreshment Service (defined as Entertainment and Dining Business under The Noosa Plan)	Refreshment Service (defined as Entertainment and Dining Business under The Noosa Plan)	40.5m² net Use Area
2	35.5	Shop	Shop	35.5m² GFA + 19.5m² outdoor dining
			Entertainment and Dining Business Type 1 – Food and Beverage	6.25m² use area + 19.5 outdoor dining (40m² net Use Area)
3	35.5	Shop	Shop	35.5m² GFA
			Entertainment and Dining Business Type 1 – Food and Beverage	17.75m² net Use Area + 9m² outdoor dining
4	35.5	Shop	Shop	35.5m² GFA
			Entertainment and Dining Business Type 1 – Food and Beverage	17.75m² net Use Area
5	35.5	Shop	Shop	35.5m² GFA
			Commercial Business Type 1 - Office	35.5m² GFA
			Entertainment and Dining Business Type 1 – Food and Beverage	17.75m² net Use Area
6	93.1	Shop	Shop	93.1 GFA
6A	85.8	Shop	Shop	85.8 GFA
6B	64.6	Shop	Shop	Changed to toilet and storage facilities
7	56	Shop	Entertainment and Dining Business Type 1 – Food and Beverage	24m² Use Area + 27m² of outdoor dining
8	44.5	Shop	Shop	44.5m² GFA
			Entertainment and Dining Business Type 1 – Food and Beverage	22m² Use Area +3m² outdoor dining
9	44.5	Shop	Entertainment and Dining Business Type 1 – Food and Beverage	17m² Use Area + 6m² outdoor dining
10	69.5	Refreshment Service (defined as Entertainment and Dining Business under The Noosa Plan)	Refreshment Service (defined as Entertainment and Dining Business under The Noosa Plan)	34.5m² Use Area (includes 25m² of outdoor dining facing Thomas Street) + 25m² outdoor dining in the garden near the Poinciana Tree.
11& 12	144	Entertainment and Dining Business Type 1 – Food and Beverage	Entertainment and Dining Business Type 1 – Food and Beverage	54m² Use Area
13	78	Retail Business Type 2 Shop/salon	Retail Business Type 2 Shop/salon	78m² GFA
14 & 15	63 (14) 69 (15)	Offices	Offices	63m² and 69m² GFA
16	105.4	Commercial Business Type 1 - Office	Retail Business Type 2 Shop/salon	105.4m² GFA

background
On the 26 March 1970, Council issued an approval for a shopping complex to be constructed in stages.
In June 1971 Council approved Stage 2, a building fronting Thomas Street, which consisted of 2 shops and a residence to the upper floor.
At the time the original application was publicly notified, 1 submission was received.  The submitter was primarily concerned that there was not sufficient business to warrant additional shops in the area and therefore would create hardship for other businesses in the area.
As stage 3, Council, in February 1980 approved a Town Planning Layout (TPL 15) for the erection of an additional shop and offices to the development. Shops and offices did not require council at the time. However, the TPL was issued ensuring the development complied with the provisions of the planning scheme in force at the time.
On 25 September 1996, Council approved (04999 TP) a restaurant on the ground floor of the building fronting Thomas Street and the residence on the upper floor changed to be used as an ancillary space for the restaurant with a condition stating “The first floor does not have approval for dining or cooking facilities”.
On 2 March 2006 Council approved alterations 132005.575 (2005/0575) to enable the restaurant to expand to the upper floor which was previously not approved for the use of dining. As part of this approval the applicant was required to pay contributions in lieu of car parking as it was determined there was insufficient car parking onsite for the additional restaurant floor area.
On 16 February 2007 Council approved a change to the approval 132005.575 to accept a reduction in the number of car parking spaces required for the restaurant which consequently reduced the monetary contribution required to 3 car spaces. These contributions for the 3 spaces have been paid in full.
On the 25 March 2015, Council issued a change to the approval TPC 56 (51901.4780.01) for a 20m2 timber deck and a new line marked car parking layout to Thomas Street providing for safer vehicle manoeuvring.
On 28 July 2015, Council issued a change to the approval TPC 56 (51901.4780.02) for the replacement of a material awning to a permanent covered roof and an awning extension, both to the Thomas Street frontage/boundary.
On 21 September 2015, Council issued a change to the approval TPC 56 (51901.4780.03) removing the internal walls and seating of the upstairs tenancy to provide an open plan office area which results in approximately 134m² of office area.
On 4 February 2016, Council issued a change to the approval (51901.4780.04) to include Entertainment and Dining Business type 1 – food and beverage and Commercial Business type 1 – office for a number of the tenancies so the uses can be interchangeable.
On 25 May 2016, Council approved generally in accordance (51901.4780.05) an extension to an awning.
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.
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 remain the same with only some minor built form and Use Area changes occurring;
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
Planning Scheme in force at the time of the original approval.
The mixed use complex was constructed in stages over a number of years with different approvals and legislative requirements. At the time of the original approval, the developer sought approval in the form of a Town Planning Letter (TPL) which gave in principal support for offices and shops onsite. Two shops (shops 1 and 10) constructed as part of the original approval have been continually operated as ‘Refreshment Services’ as defined by the Planning Scheme in force at the time of the original approval. Shops 1 and 10 are defined as Entertainment and Dining Business Type 1 – Food and Beverages under the current Planning Scheme (The Noosa Plan). Outdoor dining was permitted as part of a refreshment service providing car parking was provided in accordance with the Planning Scheme. No further carparking is provided but one whole tenancy (6B) is changing to public toilets and storage which reduces the total use area on site resulting in the car parking allocated to this tenancy able to be utilised for the new outdoor dining area.
The proposed outdoor dining area and the minor modifications to the building, complies with the planning scheme in force at the time of the original approval.
The Noosa Plan
There are no built form changes except for a small widening of a garden deck and additional posts for the roof membrane structure. The structure does not meet the minimum 6m setback required and is therefore required to be assessed against Specific Outcome O9 of the Noosaville Locality Code set out below:
Setbacks
O9 Buildings and other structures are appropriately designed and sited to—
a) provide amenity for users of the premises as well as preserve the visual and acoustic amenity of adjoining and nearby properties;
b) provide adequate distance from adjoining land uses;
c) allow space for required vehicle parking;
d) preserve any existing vegetation that will buffer the proposed building;
e) allow for landscaping to be provided between buildings;
f) maintain the visual continuity and pattern of buildings and landscape elements within the street;
g) avoid large areas of continuous wall planes by varying the building setbacks and using appropriate techniques to provide visual relief; and
h) help protect the natural character and visual amenity of the Noosa River system and other watercourses
The structure, with a proposed setback of 2.5m, is located at ground level to the front of the site within a garden setting under an existing Poinciana tree surrounded by understorey plantings and the carpark. The existing vegetation will screen the open sided structure (except for potential clear roll down café blinds for inclement weather) and in terms of streetscape, a variety of setbacks exist in Thomas Street ranging from zero to 6m. Furthermore , the mix use development opposite, ‘Davos’, is setback 6m with masonry retaining walls on the boundary with outdoor dining under cover within this setback.
It is considered the proposed outdoor dining structure is well located in a garden setting at ground level and will provide enhanced outdoor dining opportunities for patrons while maintaining a soft landscape street setback.
Carparking
The existing structure has previously been considered as Use Area where 1 space was provided. The proposal is slightly larger (25m²) and used for the adjacent Entertainment and Dining Business type 1, therefore triggers 2.5 car spaces resulting in a net requirement for the structure’s use of 1.5 spaces.
Tenancy 6B of 64.6m² has changed to toilets and storage (reduction in use area for car parking purposes) for the restaurants which provides a parking credit of 3.23 spaces.
Other changes to the tenancies 2, 3, 4, 5, 8, 9, which either are increasing or decreasing use area for car parking purposes in accordance with the submitted site plan.  These minor changes trigger .2 of a space.
As part of a previous approval for shop 16, 3 car spaces were paid in lieu.
Table 2 below summarises the car parking on site.
Table 2 - Car parking analysis
	Required spaces	Credit
Structure	2.5	1
Tenancy 6B		3.23
Tenancies 2, 3, 4, 5, 8, 9	0.2	
Sub totals	2.52	4.23
Net credit of car parking		1.73
Ongoing credit for contributions paid in lieu.		3
As demonstrated in Table 1 above, there is no net increase in the parking provisions.
It is noted there are 26 car spaces and 5 motorbike spaces onsite. This does not meet the current Planning Scheme Probable Solution for the number of car spaces required for the uses onsite.
The proposal does not trigger any additional spaces and the car parking has been sufficient historically and is considered adequate
conclusion & reasons for decision
The proposal meets the relevant provisions of The Noosa Plan and does not raise any significant planning concerns and is recommended to be supported subject to conditions
RECOMMENDATION
With regard to Application No. 51901.4780.06, to make a minor change to an existing approval for alterations and outdoor dining situated at 203 Gympie Tce Noosaville Qld 4566  described as Lot  Lot 2 RP 138699, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Amend conditions 6, 7 to read as follows:
Additional Conditions March 2014; 6 & 8 changed July 2015; 6 changed 4 February 2016; 6 & 7 changed February 2019
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans and documents listed in the table below:
Plan No.	Iss.	Plan Name, prepared by	Date
1512 SK05 A		Elevations drawn by Greg Gibbs Architects	Jul 2015
1512 Usage	A	Site Plan drawn by Greg Gibbs Architects	FEB 2019
1865 SK04		New Outdoor Dining, drawn by Gregg Gibbs	OCT 2018

The outdoor dining covered (membrane) deck near tenancy 10 must not be enclosed. Clear ‘café style’ blinds may be used for weather protection.

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