Planning Report_Minor Change_Depot Cafe · 132001.210011.4

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Table of Contents

Important Note                                                                                                                                                        2

1.     Summary                                                                                                                                                        3

2.     Background                                                                                                                                                     5

3.     Development Intent – Proposed Change                                                                                                                           6

4.     Proposed Change to Conditions                                                                                                                                  7
       4.1 Change Condition 63                                                                                                                                        7
       4.2 Proposed Additional Condition 79                                                                                                                           7

5.     Planning Assessment                                                                                                                                           8
       5.1 Noosaville Local Plan Code                                                                                                                                8
       5.2 Carparking                                                                                                                                                8
       5.3 Minor Change                                                                                                                                               9

6.     Conclusions                                                                                                                                                   11




List o f Fig ure s

Figure 1 Site Survey Plan ........................................................................................................................................... 4

Figure 2 Proposed Floor Plan ................................................................................................................................... 4

Figure 3 Locality Map ................................................................................................................................................ 6




List o f Ta b le s

Table 1 - Carparking calculation............................................................................................................................ 9

Table 2 - Substantially Different Development Guideline ............................................................................. 10




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Important Note

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under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
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Strategic.

We have prepared this report for the sole purposes of Fortified Investments Pty Ltd ATF The
Cavallaro Family Trust (“Client”) for the specific purpose of demonstrating the proposed use as being
permitted under the Noosa Plan 2020 (“Purpose”). This report is strictly limited to the purpose and
the facts and matters stated in it and does not apply directly or indirectly and will not be used for
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1.   Summary

RG Strategic has prepared this development application on behalf of Fortified Investments Pty Ltd
ATF The Cavallaro Family Trust. The purpose of this report is to seek approval for a Minor Change
Application and change Condition 63 and include an additional condition to Decision Notice
132001.210011.3

The subject site is located at Colonial Commercial, 6/239-245 Gympie Terrace, Noosaville QLD 4566
and is formally described as Lot 6 on SP158841.

The application seeks approval to include a Food and Drink outlet use to Lot 6 while retaining the
existing Shop use. The application also seeks to include a 2m2 of outdoor dining in front of the
tenancy within the terrace area. Figures 1 and 2 provide the site survey plan and floor plan for the
proposal.

This report should be read in conjunction with the accompanying covering letter, DA Form and
Appendices. The development is appropriate and is not anticipated to impact upon the amenity of
the locality. Council’s approval of the application is therefore sought, subject to relevant and
reasonable conditions.




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Figure 1 Site Survey Plan




Figure 2 Proposed Floor Plan




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2.   Background

     •   132001.210011 - On 5 July 2001 Council approved a Development Permit for a Material
         Change of Use of Premises for Multiple Dwellings (20 Units), Shops, Medical Centre, Service
         Shops, Professional Offices, Commercial Services, Commercial Premises & Restaurants).
     •   132001.210011.1 - On 16 February 2016 Council approved a minor change to Lot 4 from a Shop
         to a Food and Drink Outlet use.
     •   132001.210011.3 – On 29 August 2022 Council approved a minor change to Lot 5 from a Shop
         to a Food and Drink Outlet use.




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3.   Development Intent – Proposed Change

The applicant is proposing a Minor Change to the approval to add a Food and drink outlet use to
Lot 6, 239- 245 Gympie Terrace, Noosaville.

Noting the application also seeks to retain the Shop use over the tenancy for future flexibility rather
than submitting another application to Council in the future if the tenancy wanted to revert to a
Shop. Figure 1 provides a Locality map.




Figure 3 Locality Map
The Proposed Floor Plan is enclosed within Appendix A. The Certificate of Title and Survey Plan is
enclosed within Appendix B.

There is no proposed change to the built form of the tenancy. The owner simply seeks to utilise the
101m² lot 6 as a Food and drink outlet and a small outdoor dining area. The development includes
the following characteristics:

• Use area for indoor dining – 58.8m2

• Use area for outdoor dining- 2m2

• Total use area for car parking calculations – 60.8m2

• Kitchen and food storage areas – 42.2m2

• No change to the total gross floor area – 103m²




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4. Proposed Change to Conditions

A Minor Change to the Existing Approval (132001.210011.3) is proposed to reflect the inclusion of a
Food and drink outlet to Lot 6. Important to note the applicant seeks to retain the Shop approval
over Lot 6. A change to condition 63 and additional condition 79 is sought by the applicant.

4.1 Change Condition 63

Condition 63 reads as follows:

63. The restaurants are limited to tenancies 1, 2, 3, 4 and 5, and shall not exceed a total use area of
368.6m2 inclusive of the outdoor dining areas (total of 72m2). No other tenancy shall be utilised as
restaurant.

The following change to Condition 63 is sought:

63. The restaurants are limited to tenancies 1, 2, 3, 4, 5 and 6 and shall not exceed a total use area
of 429.4m2 inclusive of the outdoor dining areas (total of 74m2). No other tenancy shall be utilised as
restaurant.

It is recommended that the condition is updated to incorporate tenancy 6 to operate as a Food
and Drink use (i.e. Restaurant) as the previous change approval noted tenancy 5 in the approved
conditions for the same use.

4.2 Proposed Additional Condition 79

It is sought Council agree to additional Condition 79 to read as follows:

Additional Condition 79 to read as follows -

79. Lot 6 (tenancy 6) is approved as:

       a.      The food and drink outlet is in accordance with the definition under the Noosa Plan 2020
               and is limited to the total use area as per the approved plans including 2m2 to be used
               as outdoor dining.

               or

       b.      A Shop with a gross floor area of 101m2 in accordance with the definition provided in
               Noosa Plan 2016.

Lot 6 is approved to be used as a Food and drink outlet and a Shop. The Food and drink outlet is as
defined by the Noosa Plan 2020 and the Shop use as defined by the planning scheme in force at
the time of the original approval in 2001.

This additional condition gives clear direction on the use of lot 6.




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5.   Planning Assessment

5.1 Noosaville Local Plan Code

The subject site is included within the Tourist Accommodation zone under the Noosa Plan 2020. The
proposed change to convert the existing Shop (café) to a Food and drink use is consistent for the
mixed use type zoning of the site and generally demonstrates compliance with the current provisions
of the Noosa Plan 2020. The proposal will be a positive contribution to Gympie Terrace fully
complying with the Planning scheme.

While the proposed use is consistent and fully complies with the Local Plan Code, car parking rates
are discussed below.

5.2 Carparking

The previous change approval was similar to the current request and carparking was discussed in
the Officers delegated report for that change approval. The Officer’s discussion is provided below:

Carparking for the commercial precinct was approved with 43 car parks to be shared across the 8
tenancies with a combined Gross floor area of 660m2.Six (6) spaces were allocated to tenancy 8 for the
medical centre (with a maximum of 2 practitioners) and the remaining 37 spaces were provided for the
remaining tenancies. The planning scheme parking rates for at the time of approval were

     •    1 space per 10m2 for the approved 43m2 of outdoor dining for premises 1 and 3 (being
          restaurant uses) = deriving a demand of 4.3 = 5 spaces
     •    1 space per 20m2 for the first 100m2 of the commercial precinct = 10 spaces,
     •    1 space per 15m2 for the remaining 435m2 of the commercial precinct; = 29 spaces


The proposed change application seeks to provide tenancy / lot 5 with the flexibility to operate as a
commercial premises (shop) or a Food and Drink Outlet (restaurant) and provide an additional 5m2 of
outdoor dining. The food and drink outlet has a current car parking rate under the Noosa Plan of
         “one space per 20m² of use area and outdoor business area, excluding kitchen and food storage
         areas; and”
The carparking demand rate of one per 20m2 is greater than the previously approved commercial rate
of 1 per 15m2. The rate does not include kitchen and food storage areas (being 64.1m2) and included
outdoor business areas ie. outdoor dining (being 5m2) therefore the total carparking demand is 50.6m2
/ 20m2 = 2.53 spaces rounded up = 3 spaces. Which is less than the demand applied under the
previously approved commercial rate. Therefore, the proposed change does not generate any additional
car parking demand based on the planning scheme car parking rates.


Therefore, based on the same carparking calculation as accepted by Council with the previous
change approval, the proposal is within the tenancy’s’ required amount of car parking spaces. Table
1 below provides the detail calculation.




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Table 1 - Carparking calculation

                                                 CARPARKING

 Calculation                                                                        Car spaces

 Proposal total use area (kitchen, and food storage areas) =                        3 car spaces required

 60.8/20 = 3.04




The proposed Minor Change can be supported on a number of grounds as detailed below:

    •    The proposal can be defined as a Minor Change to Approval in accordance with Schedule
         1 of the Planning Act 2016;

    •    The proposal is consistent with the Overall Outcomes, Performance Outcomes and
         Acceptable outcomes sought by the Noosa Plan 2020;

    •    The development meets the intent of the Noosaville Local Plan Code by providing outdoor
         dining and additional food offerings in the tourist area along Gympie Terrace; and

    •    The proposal meets the carparking provisions of the Development Approval and in fact
         results in a surplus of car spaces.

5.3 Minor Change

In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -

(b) for a development approval—

         (i) would not result in substantially different development; and

         (ii) if a development application for the development, including the change, were made
         when the change application is made would not cause—

                 (A) the inclusion of prohibited development in the application; or

                 (B) referral to a referral agency, other than to the chief executive, if there were no
                 referral agencies for the development application; or

                 (C) referral to extra referral agencies, other than to the chief executive; or

                 (D) a referral agency, in assessing the application under section 55(2), to assess the
                 application against, or have regard to, a matter, other than a matter the referral
                 agency must have assessed the application against, or had regard to, when the
                 application was made; or

                 (E) public notification if public notification was not required for the development
                 application.




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In respect of whether the change results in a ‘substantially different’ development, assessment
against Schedule 1: Substantially Different Development Guideline contained within the
Development Assessment Rules, is provided in Table 1 below:



Table 2 - Substantially Different Development Guideline

       ‘Substantially different’
                                                                        Comment
            development
 Involves a new use                          The original approval included restaurants and this
                                             application only seeks to add another restaurant (Food
                                             and drink outlet) to the development. Therefore, the
                                             application does not involve a new use onsite.
 Results in the application applying         No new land is applied over as part of this change
 to a new parcel of land
                                             application.
 Dramatically changes the built              No built form modifications are proposed.
 form in terms of scale, bulk, and
 appearance
 Changes the ability of the proposal         The Food and drink outlet supports the variety of uses
 to operate as intended
                                             onsite and does not inhibit the operation of any of the
                                             other tenancies.
 Removes a component that is                 The proposed minor change will not alter any component
 integral to the operation of the
                                             of the development.
 development
 Significantly impacts on traffic flow       No impacts will occur as a result of the proposed Minor
 and the transport network, such as
                                             Change application. As demonstrated in the body of the
 increasing traffic to the site
                                             report, the proposal does not generate any additional
                                             carparking and therefore no further impacts will occur on
                                             the traffic network as a result of this change.
 Introduces new impacts or increases         The Food and drink outlet adjoins other restaurants in the
 the severity of known impacts
                                             same complex and will not increase the severity of or
                                             introduce impacts.
 Removes an incentive or offset              Not Applicable.
 component that would have
 balanced a negative impact of the
 development
 Impacts on infrastructure provisions        The proposed Minor Change will not impact upon any
                                             infrastructure network.




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6.   Conclusions

The development complies with the definition of a Minor Change and is consistent with the intent of
the original approval.

This report demonstrates that the development is permitted pursuant to the provisions of the
Planning Act 2016 and the Noosa Plan 2020.

The Food and drink outlet is consistent with the intent of the Noosaville Local Plan Code which
supports food offerings for visitors and locals alike.

Carparking does not raise any issues as it does not trigger any additional spaces, in fact, results in
a surplus which can be utilised for minor expansion in the future if needed.

Approval of the proposed Minor Change is recommended.

We look forward to Council processing the application at its earliest convenience. Should you
require any additional information or have any queries please to not hesitate to contact us.




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