2017-01-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                   16 JANUARY 2017


    The original application was impact assessable and the proposed changes would not likely
      cause a person to make a properly made submission because the request is minor and
      associated to an expansion to the existing use area of tenancy 3;
    The change would not cause the approval to involve prohibited development.
On this basis, the applicant has followed lawful process in making a request under s369 of the Act.
4.    ASSESSMENT
4.1. Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Visitor Mixed Use. The proposed
permissible change requires assessment against the planning instruments or law in force at the
time the request for the change is made apply. The applicable planning scheme codes include:
Locality Provisions
Noosaville Locality Code
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
    Residential Uses Code;
    Engineering Works Code; and
    Landscaping Code.
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Carparking
The layout of tenancy 3 comprises both internal and external dining areas (use area) with the
tenancy having an associated carparking credit equivalent to 3 spaces.
The internal use area was facilitated as part of the original approval and associated car parks
provided however the external use area was addressed as part of a previous change approval
where the total Gross Floor Area (GFA) of the as built development was less to that of which was
approved.
The application seeks approval to expand on the external use area of tenancy 3 from 10m 2 to a
combined total outdoor dining area of 19.84m2. Probable Solution S7.1 of the Driveways and
Carparking Code requires a carparking rate equivalent to 1 space per 10m 2 of use area in the
Visitor Mixed Use zone. Based on the rate, an increase of 9.84m2 of use area requires one
additional carpark to be provided onsite.
The applicant acknowledges that the development has exhausted carparking credits over the site
and there is insufficient area to introduce additional carparking in order to facilitate the increase in
use area. However, the applicant submits that when the site was originally approved in 2005, no
recognition was given by Council with regards to the removal of a crossover from Gympie Terrace
and Elizabeth Street which enabled two additional on street car spaces to be provided within the
Gympie Terrace and Elizabeth Street road reserve.
It is agreed that as a result of relocating the two crossovers, two additional on street spaces were
provided as a consequence of the sites development. Council has acknowledged this fact however
does consider the two additional public spaces as a community bonus rather than a development
credit. In addition, Council required all carparking to be provided onsite (3 of which are in tandem)
as the applicant did not provide sufficient justification for Council to support the claim and provide
recognition of the bonus.




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