132010.529.02 Delegated Report

DELEGATED REPORT
PLANNING

REQUEST TO EXTEND RELEVANT PERIOD

Application No:	132010.529.02
	
Author:	Jack Lewis

APPLICATION DETAILS
Application Number:	132010.529.02
Applicant:	Calambee Nominees Pty Ltd
Request Received Date:	24/03/2014
Original Approval Type:	Development Permit for Material Change of Use of Premises - Retail business Type 2 - Shop & Salon
Number of Submissions for Original Application:	Nil

PROPERTY DETAILS
Property Address:	28 Hastings St NOOSA HEADS  QLD  4567
RP Description:	Lot 4 RP 123457
Land Area:	123m2
Existing Use of Land:	Shop and Office

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Locality:	Noosa Heads Visitor Mixed Use
Planning Zone:	
Assessment Type:	Extension to Relevant Period

PROPOSAL:
The applicant seeks a 2 year extension of the relevant period of a Development Permit for Material Change of Use – Retail Business Type 2 at 28 Hastings Street, Noosa Heads.

The applicant requests an extension of 2 years for the following reasons:
	Economic Hardship

BACKGROUND:
On the 14 September 2010, Council approved an impact assessable application against The Noosa Plan, to convert the upper level office at 28 Hastings Street, Noosa Heads to a shop.

As part of the change of use, the applicant also included some renovations, including:
The construction of a new shop front façade;
Upgrading the existing front awnings;
A new roof to the building, including a minor increase in roof height;
Increasing the height of the lower floor ceiling to 2.7m; and
Upgrading the internal building fit out.

STATUTORY PROCESS:
In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to extend the relevant period, the assessment manager must only have regard to:
(a)	the consistency of the approval, including its conditions, with current laws and policies applying to the development, including, for example, the amount and type of infrastructure contributions, or infrastructure charges payable under an infrastructure charges schedule;
(b)	the community’s current awareness of the development approval; and
(c)	whether, if the request were refused-
(i)	further rights to make a submission may be available for a further development application; and
(ii)	the likely extent to which those rights may be exercised; and
(d)	the views of any concurrence agency for the approval

ASSESSMENT:
The development does not conflict with any State Planning Regulatory Provision or the State Planning Policy.

There have been no significant changes to The Noosa Plan since the original approval in 2010. The original assessment highlights how the proposed development reduces the Gross Floor Area from that which is existing and utilises the existing building and external awnings. As a result, the development’s non-compliance with the provisions relating to setbacks, carparking, landscaping, site cover, roof form, height, gross floor area and character are generally consistent with the existing approved development, as well as the outcomes sought by the relevant codes

Infrastructure Charges
The total infrastructure charge amount applying to the original application exceeds the alternative adopted charge and therefore does not require and Infrastructure Agreement in order to approve the extension to relevant period. (Also the missing stormwater network does not apply as there is no change in impervious area). Therefore, the contributions & charges already issued will remain applicable.

Community’s Current Awareness of the Development, Rights to Submit and Likelihood of Further Submissions
The original application was publicly notified in 2010 and no submissions were received. The period of time that has elapsed since the original notification period is not considered to substantially affect the community’s awareness of the development.

Concurrence Agencies
There were no concurrence agencies to the original application.

RECOMMENDATION
It is recommended that the Relevant Period for 132010.529.02 is extended for a period of 2 years and will expire on 14 September 2016.
Amend condition 3 to read:
Relevant Period
3. 	The Development Permit for Material Change of Use lapses if the use has not happened by 14 September 2016, unless an application to extend the currency is approved by Council.

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FM1517s/4-22/06/2013