Council archive · source document
Planning Statement and plans · 132004.240098
Attached to the e-mail 132004.240098.5 Change to existing approval (superseded plan).
Plans and drawings: the text below has words only, no drawings.
Council Reference: 2004/240098 (23789 DA)
Our Reference: 00210 L21 NG
th
25 May 2016
Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565
Confidential Email Transmission: [email protected]
Original in Post: No
Attention: Planning & Environment – Glen Conforti
Dear Sir/Madam
RE: LODGEMENT OF PERMISSABLE CHANGE TO A DEVELOPMENT APPROVAL_______
Permissible Change to Development Approval 2004/240098 – Multiple Dwelling (10 Units),
Restaurant & 2 Shops situated at 229-231 Gympie Terrace, Noosaville described as Lot 0 on
SP188227 (previously Lots 4 & 5 on RP36726) for Change to Restaurant.
Martoo Consulting has been engaged by Noosa Palm Tree Holdings as the applicant for the above
proposal to submit a permissible change to the existing development approval, to alter the internal
restaurant layout associated with tenancy 3.
The area of the site which is the subject of this application, comprises shop 3 and the adjoining
approved outdoor dining area which is located within the ‘On the Terrace’ complex at 229-231
Gympie Terrace, Noosaville and is described as Lots 0 and 3 on SP188227. The subject site has a
2 2 2 2
total area of 64.1m comprising 56m of approved restaurant (28m of kitchen and 28m of dining area)
2
and 12m of approved outdoor dining. The subject premises are currently vacant however the
applicant is in the process of fitting out the restaurant.
The aerial photograph below 1 illustrates the sites location and surrounding uses.
Subject site
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 5 pages
Page 2
As part of the final design and fit out of the restaurant, the applicant has reduced the size of the
2 2
kitchen to 13m and increased the dining area to 32m . Accessways to the amenities and point of sale
area have not been included in the calculations. The proposed works also include a new portable
2
cooking bench on the outdoor dining area which reduces the approved area to 10m . Attachment A
provides plans prepared by Andrew Mckellar Design which detail the altered kitchen and dining areas.
Sustainable Planning Act
Section 367 of the Sustainable Planning Act defines a permissible change for a development approval
as:
(1) A permissible change, for a development approval, is a change to the approval that
would not, because of the change—
(a) result in a substantially different development; or
(b) if the application for the approval were remade including the change—
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not require
impact assessment—require impact assessment; or
(c) for an approval for assessable development that previously required impact
assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed; or
(d) cause development to which the approval relates to include any prohibited development.
The proposed change is considered to comply with the requirements of the Sustainable Planning Act
as detailed below:
(a) result in a substantially different development;
The proposed change does not result in a substantially different development as minimal
works are proposed and the uses on site remain the same.
(b) if the application for the approval were remade including the change—
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not require
impact assessment—require impact assessment; or
No concurrence agencies would be triggered by the proposal and the level of assessment
has not altered.
(c) for an approval for assessable development that previously required impact
assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
One not properly made submission was lodged in response to public notification of the
application. The submitter raised concerns with the need for restaurants in the area and
the location of the restaurant.
The original approval was assessed under the 1985 Planning Scheme which included the
site in the Residential Medium Density zone. This Planning Scheme has now been
superseded by The Noosa Plan 2006 which includes the site in the Visitor Mixed use zone
in which Entertainment and dining business (restaurants) are consistent uses and
supported by the scheme. It is noted that the current 2006 scheme also indicates that
restaurants are not to have an adverse impact on the surrounding area. The subject
premises are located adjacent to Gympie Terrace and are well separated from the
adjoining unit development. Further restaurants are now a well accepted use along
Page 3
Gympie Terrace and it is unlikely that a person would make a valid submission objecting to
an additional restaurant in the area.
(d) cause development to which the approval relates to include any prohibited development.
Not prohibited development.
The proposal is therefore considered to be able to be considered as permissible change.
Noosa Plan
The site is included in the Noosaville Locality which provides a Visitor Mixed Use zoning over the
property. The proposal has triggered assessment due to the change in the floor area and the
calculation of carparking for the use. The existing restaurant approval did not require any additional
carparking due to the kitchen configuration.
The Noosa Plan 2006 details car parking for Entertainment & dining business at a rate of 1 space
per 10m2,or part thereof, of use area and outdoor dining area (excluding kitchen and food storage
areas) on the property…
The existing approved restaurant layout has the following areas and carparking calculations:
•
2
Kitchen: 28m - Nil car parking spaces
•
2
Dining area: 28m - 3 car parking spaces
•
2
Outdoor dining: 12m - Nil area already approved and assessed for outdoor dining
The revised layout results in the following areas:
•
2
Kitchen: 13m - Nil car parking spaces
•
2
Dining area: 32m - 3.2 car parking spaces
•
2
Outdoor dining: 10m - Nil area already approved and assessed for outdoor dining
The revised calculations have not included the pedestrian accessways surrounding the kitchen that are
required for access to the amenities outside the premises.
The revised kitchen layout triggers the requirement for part of one additional carparking space to be
provided on site however due to the existing development on the site there is not available room for any
additional carparking or scooter parking.
The proposal does not increase floor area or site cover as it is located within the boundaries of the existing
approved building. The change provides for a more efficient and functional kitchen layout and has no impact
on the amenity of the area. Further it is noted that when the site was originally approved in 2005, no
recognition was given to the fact that due to the removal of driveways to Gympie Terrace two additional
public carparking spaces were created in the road reserve.
The proposed works have been reviewed against Specific Outcome O7 of Driveways and Carparking Code
and is considered to comply with the code as detailed below:
O7
Sufficient carparking is provided to accommodate the number and type of vehicles likely to be
generated by the development having regard to the specifics of the use including—
a) the type and intensity of land use; - Premises already approved for use as a restaurant.
Minor increase in dining area does not significantly impact on the carparking associated with
the restaurant use.
Page 4
b) any existing parking available on the site; - Sufficient carparking provided on site for staff
with patrons encouraged to utilise the existing 17 visitor car parking spaces at the rear of the
site.
c) hours of operation; - The minor increase does not impact on hours of operation.
d) likely numbers of users; - Due to the change in layout of the kitchen the dining area has
been increased slightly however pedestrian accessways into the restaurant and external
public amenities reduce the actual restaurant floor area.
e) the peak parking demand periods of uses on the site; - the minor increase to the
restaurant will not have a significant impact on the peak operating times of the restaurant.
f ) the availability of alternative carparking – Kerb side carparking including scooter parking
is available on both the northern and southern sides of Gympie Terrace. This kerbside
parking generally supports the commercial and recreational users of Gympie Terrace.
As detailed above the proposed increase is relatively minor and has limited impact upon carparking
demands associated with the restaurant. The subject site provides 17 visitor spaces that are able to used as
part of the restaurant whilst the surrounding area also provides on street carparking. It is also noted that as
part of the original development no credit was ever given to the creation of two additional on street spaces
due to removal of two access driveways.
CONCLUSION
The request to change the approved plans for the restaurant use to enable a different configuration of the
kitchen does not alter the approved use or impacts from the site. Whilst additional carparking is triggered by
the minor increase under the Noosa Plan, there is sufficient carparking in the area and on site to cater for
the minor change.
It is considered the proposed changes are consistent with the provisions of the Sustainable Planning Act
and the applicant seeks Council support for the proposal.
The attached development application includes:
Proposal plans prepared by Andrew McKellar Design;
A completed Noosa Council Request to Change Existing Approval and/or Extension of
Relevant Period form; and
Councils application fee of $1625.00 will be paid separately.
The Assessment Manager’s favourable consideration of the above development application is therefore
recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.
Yours sincerely,
Nadine Gorton
Senior Town Planner
Martoo Consulting Pty Ltd
Page 5
Attachments ___________________________________________________________________________________ Attachment A – Proposal Plans
Page 6
- workmanship and materials shall be in accordance to SL2.70
with relevant current s.a.a codes and statutory toilets
authorities requirements
- all dimensions and levels to be checked on site by S6
builder before commencing work
- do not scale drawings
FL2.80
garden S7
step ramp SL2.70
0
190
40 col
3 door floor ref.
dw
point
s
of sale
exhaust hood over kitchen
2,810
2,8
4 griddle gas 1,000
s
00
outdoor dining: dining cooktop
10sqm conv.
oven
restaurant
5,610
new timber servery at 1200h
bench
56 sqm
1,000
900h 4,640 190
indoor dining area: access to
toilets
32sqm
portable cooking
bench SL2.70
new timber induction
bench cooktops (2)
col fixed bench SL2.67
190
new exhaust vent,
to separate detail
col garden
SL2.67
garden
NGL 1.52
energex
floor plan concrete path
Client Location Drawing Drawn Scale
NOOSA PALM TREE FLOOR PLAN AM 1:50 @ A3
HOLDINGS PTY. LTD. 'On The Terrace'
Project 3/231 Gympie Tce Drawing no. Date
62 hilton terrace
noosaville (07) 5449 9066
[email protected] QBSA reg. 65073
PROPOSED
RESTAURANT
NOOSAVILLE QLD 4566
13.0516.1.1 MAY 2016 1.1
Used in these records
Planning Statement and plans.pdfRelated documentApplication case desk ↗
Planning Statement and plans.pdfRelated documentApplication case desk ↗
About this file
- File size
- 1.3 MB (small file)
- File type
No other editions are linked here.