132003.220664.4 Application For A Minor Change To An Existing Development Approval For Material Change Of Use - Extension To An Existing Shop - At 12 Maple St Cooroy · Attachment 1 - 132003.220664.4 - Planning Officers Report

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                 Figure 2 – Site Plan (plan rotated to be orientated north)




                              Figure 3 – Existing Floor Plan




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                        Figure 4 – Proposed Floor Plan




                        Figure 5 – Proposed Elevations




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2.     APPLICATION BACKGROUND
On 12 June 2003, Council approved an extension to an existing shop, approving an additional
25m2 of use area. Car parking was provided within Maple Lane road reserve, a condition of the
approval also required the provision of a disabled car parking space in the road reserve west of
the site and payment of a car parking contribution for one car parking space.
A subsequent change application was later lodged to reduce the development’s gross floor area
of the shop to remove condition 10 which required payment of car parking contributions. On 1
June 2006, the change application was approved to reflect to the reduced floor area.
3.     SITE DETAILS
3.1. Site History
At the time the original development application was approved, the site was located within the
Village Business Zone under the Schedule to the Planning Scheme, with a shop being a self-
assessable use.
The use of a shop within this location remains consistent with the scheme.
3.2. Site Description
The subject site is 1,011m2 in size and is located on the northern edge of the Cooroy District Centre.
The site has frontage to Maple Street to the east and to Council owned car parking areas to the
north and west. The site is improved by two existing commercial buildings that accommodate a
series of shops. Vehicular access to the site is from the Council Car Park via Maple Street or Maple
Lane.
3.3. Surrounding Land Uses
The site has frontage to Maple Street to the east and to Council owned car parking areas known
as Apex Park Carpark to the north and west and the commercial area of Cooroy to the south.
Adjacent to the subject site includes the Butter Factory and Council’s Library.
4.     ASSESSMENT
4.1. 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
•    Noosa Plan 2020 (25 September 2020).
4.2. 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 proposal does
     not:
       o    involve a new use; or
       o    result in the application applying to a new parcel of land; or
       o    dramatically change the built form in terms of scale, bulk and appearance; or
       o    change the ability of the proposed development to operate as intended; or
       o    remove a component that is integral to the operation of the development; or

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       o     significantly impact on traffic flow and the transport network, such as increasing traffic
             to the site; or
       o     introduce new impacts or increase the severity of known impacts; or
       o     remove an incentive or offset component that would have balanced a negative impact
             of the development; or
       o     impact on infrastructure provisions.
•    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 matters prescribed by regulation;
•    where the original application was code assessable, the change would not cause the
     application to become impact assessable.
4.3. Statutory Instruments – Planning Scheme
The original application was lodged and assessed under the now superseded 1990 Planning
Scheme. Pursuant to s81 of the Planning Act 2017, Council must consider the planning scheme in
effect when the original development application was lodged, however Council may give weight to
Noosa Plan 2020 as the planning scheme in effect at the time of the minor change application
being lodged.
The following codes from Noosa Plan 2020 are applicable to this development:
•    District Centre Zone Code;
•    Cooroy Local Plan Code;
•    Business Activities Code;
•    Works Codes;
•    Flood Hazard Overlay Code;
•    Heritage and Character Overlay Code.
Under both the now superseded 1990 Planning Scheme and the current scheme in effect the
Noosa Plan 2020 (25 September 2020), the use of a Shop within the subject location remains
consistent with the zoning intent.
Condition 1 – Land Use
1.     Development undertaken in accordance with this approval must generally comply with the
       approved plan of development. The approved plan is numbered 02-004-1 prepared by TR &
       SL Roper Drafting and dated May 2006 and as may be amended by these conditions.
Applicant’s Request
The applicant submits:
Condition 1 would need to be changed to include the following list of approved plans, being:




The original development application for the shop was made in 2003 and assessed against the
1997 Strategic Plan.
………
The relevant objectives state:
7.3.1 Encourage the consolidation of the Cooroy Business Centre.
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7.3.2 Enhance the attraction of the Cooroy Business Centre by reducing through traffic and
creating safe and more attractive pedestrian environment.
7.3.3 Maintain an appropriate streetscape character within the Cooroy Business Centre. The
proposed development is generally consistent with these requirements because:
•     The proposed shop is located within the Cooroy Business Centre, and the extension will
     support the ongoing consolidation of commercial activity within the Centre, consistent with
     Strategic Objective 7.3.1.
•    The proposal maintains existing pedestrian pathways along Maple Lane and does not
     increase vehicle access or traffic movements. By providing a monetary contribution in lieu of
     on-site car parking, the proposal supports a safe and pedestrian-focused environment,
     consistent with Strategic Objective 7.3.2.
•    The proposal involves the enhancement and adaptive reuse of an existing commercial
     building. The design and scale of the extension are sympathetic to the established built form
     and character of the Cooroy Business Centre, thereby maintaining and enhancing the
     streetscape in accordance with Strategic Objective 7.3.3.
Flood Hazard
Portions of the site, including areas within the proposed building footprint, are identified as being
subject to flood inundation, as shown in Figure 6 above. A flood search certificate confirms that the
1% Annual Exceedance Probability (AEP) level—defined as the Defined Flood Event (DFE)—is
107.2m AHD. In accordance with applicable flood planning controls, the minimum finished floor
level for development on the site is DFE + 0.3m, or 107.5m AHD. The proposed storeroom addition
will be constructed at a floor level consistent with the existing shop, which is approximately 107.2m
AHD. It is submitted that the proposal satisfies Performance Outcome PO1 of the applicable Flood
Hazard Overlay Code, as it will maintain the safety of people and minimise risk to property in the
event of a DFE, for the following reasons:
     •    The storeroom constitutes minor building work with a total area of less than 50m² and will
          match the finished floor level of the existing shop;
     •    The storeroom will remain flood-free during events up to and including the 1% AEP event;
     •    The storeroom is to be constructed as a sealed container, thereby minimising the potential
          for water intrusion; and
     •    The container can be easily cleaned following a flood event, and any goods stored within
          can be elevated above floor level to mitigate potential water damage.
Heritage and Character Area
The site is located within a mapped Character Area, which includes all buildings fronting Maple
Street, as illustrated in Figure 7 above. It is submitted that the proposal complies with the relevant
acceptable and/or performance outcomes of the applicable code for the following reasons:
     •    The existing character building fronting Maple Street will be retained and protected as part
          of the development;
     •    The proposed extension is modest in scale, located at the rear of the premises, and will
          not be visible from Maple Street. As such, it will remain compatible with the existing
          setting and the valued streetscape character of the area.
Assessment of Request
Assessment of the application includes 3 key considerations:
1.       Works within a Character Area
2.       Works within an area identified as being subject to flooding and inundation.
3.       Acceptance of car parking contributions in lieu of 2 onsite car parking spaces.



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Character Area
The subject site is located within one of two character areas in Cooroy. The purpose of character
areas is to ensure development is sympathetic to the established streetscape character and
heritage values of the area by retaining buildings, structures and other elements that contribute to
the preferred character, and by complementing the predominant building styles within context of
the site.
The existing building is to be retained with the proposed extension located along the southern side
of the building. The extension will be visible from the western section of the Apex Park Carpark.
The structure includes a skillion roof form, with 2 x screening devices visible from the carpark as
illustrated below. The proposal does not alter, damage, remove or conceal significant features and
therefore the works are considered appropriate in context of the site.
A new condition 17 is recommended to be included to ensure the ground floor building fronting the
Apex car park retains a minimum of 50% transparent shopfronts.




                                    Figure 6 – Screening Devices

Flood Hazard
The subject site is identified as being subject to flooding and inundation associated with Six Mile
Creek. The applicant seeks a relaxation to AO1 of the Flood Hazard Overlay Code due to the
existing buildings finished floor level of ~107.2 AHD which is below the stipulated flood level.
Performance Outcome PO1 of the Flood Hazard Overlay Code seeks:
PO1 Development provides that for all flood events up to and including the DFE :
     a.    the safety of people on the site is protected; and
     b.    the risk of damage to property on the site is avoided or minimised as far as practicable.
The defined flood level for this location is 107.2m AHD. The Acceptable Outcome seeks
development to be located 300mm above the defined flood level (i.e., 107.5 AHD). The applicant
proposes to maintain the level of the existing building of 107.2m AHD to avoid a step between
levels. As the structure is non-habitable and does not involve hazardous materials or chemicals
and based on a condition requiring storage of products and produce will occur at 107.5 AHD and
above, the proposal is considered generally acceptable. The development does not compromise
site safety.
Accordingly, it is recommended new condition (Condition 18) be included to ensure hazardous
materials are stored above the flood level plus 300mm freeboard.




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Car Parking
The increase in gross floor area of 39.7m2, requires 2 additional car parking spaces to be provided
on site in accordance with the Driveways and Parking Code.
No car parking can be provided on site, and the applicant has requested to enter into an
Infrastructure Agreement to provide a monetary contribution in lieu of physically providing these
spaces on site. In accordance with Council’s “Contributions in Lieu of the Provision of Onsite Car
Parking Policy a total contribution of $25,428.00 for the shortfall of 2 spaces is applicable.
Council’s Policy for Contributions in Lieu of the Provision of Onsite Car Parking outlines the
circumstances under which a monetary contribution might be made, defines how contributions are
to be obtained and expended and the contribution amount per space for each locality. The
application of the policy is at the full discretion of the Council since it must be through an
Infrastructure Agreement.
The Policy states that Council may accept monetary contributions in lieu of on-site parking, despite
the requirements of the Noosa Plan, having regard to the following:
1.   The premises are significantly constrained in terms of having restricted access, a small site
     area with limited onsite manoeuvrability, located near a road intersection or otherwise
     encumbered and unable to be readily amalgamated with adjoining land.
2.   It is not practical or desirable from a town planning perspective to provide the required
     amount of car parking onsite due to the nature and type of development adjoining the land.
3.   It is in the community’s interest to provide for alternative car parking arrangements because
     of traffic and or pedestrian safety concerns that might be caused by the development.
4.   The provision of onsite car parking and access is not practical or desirable from a character
     perspective, being within a central area and where additional footpath crossovers would
     adversely impact upon the streetscape or result in the loss of significant roadside vegetation.
5.   The locality would benefit more from improved public transport, pedestrian or cycle facilities
     compared to the provision of additional car parking onsite; and
6.   The development complies with the Noosa Plan, or the Council has determined that there
     are reasons why the development should be approved despite any conflict with the
     assessment benchmarks, in accordance with section 63(5)(e) of the Planning Act 2016.
The subject site is constrained due to the existing approved development on the site and the area
required for service vehicles, the area to the rear of the building accommodates deliveries and
waste management. Given the existing circumstances of the land and the proposed changes to
the development, it is not practicable or desirable to require on-site parking from a serviceability
perspective.
Considering the above, the proposal meets the circumstances under which a monetary contribution
might be considered. An additional condition has been included in the recommendation requiring
the applicant to comply with the requirements of the Infrastructure Agreement entered with the
Council with respect to the payment of car parking contributions.
The request to amend Condition 1 is supported.
 Additional standard conditions relating to stormwater and services have also been included in the
recommendation.
Recommendation
It is recommended existing condition 1 be amended to read as follows:
1.   Development undertaken in accordance with this approval must generally comply with the
     approved plan of development. The approved plan is number 02-004-1 prepared by TR & SL
     Roper Drafting and dated May 2006 as may be amended by these conditions.


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      Approved Plans
1.    Development authorised by this approval must be undertaken generally in accordance with
      the Approved Plans listed in the table below.

       Plan No.             Rev.    Plan/Document Name                            Date

       02-004-1             -       Prepared by TR & SL Roper Drafting            May 2006

       101                  P2      Site Plan prepared by Hiller Studio           23.05.25

       103                  P3      Floor Plan Overall Proposed prepared by 23.05.25
                                    Hiller Studio

       312                  P4      External Elevations prepared by Hiller 23.05.25
                                    Studio

       313                  P4      External Elevations prepared by Hiller 23.05.25
                                    Studio



5.    CONSULTATION
5.1. Referral Agencies
Not applicable
5.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
•    Development Engineer, Development Assessment – standard conditions.
6.    EQUITABLE ACCESS AND FACILITIES
In assessing this application, the plans for the proposed building work have not yet been evaluated
for compliance with the requirements of the National Construction Code - Building Code of
Australia (Volume 1) as they pertain to people with disabilities. The following codes may impact
the proposed building work and will be addressed as part of future building approvals required for
the site:
       a. The Disability Discrimination Act 1992 (Commonwealth)
       b. The Anti-Discrimination Act 1991 (Queensland); and
       c. The Disability (Access to Premises – Buildings) Standards
7.    HUMAN RIGHTS COMPATIBILITY STATEMENT
In developing this Report, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
does not conflict with any human rights and supports a human rights approach to decision making
by Council. Council representatives will endeavour to act and make decisions under this report in
a manner that is compatible with human rights. This report should be read in conjunction with
Council’s Human Rights Policy.
8.    CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The proposed minor change is therefore recommended for approval.
The report is provided in accordance with Section 83(9) of the Planning Act 2016.

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Departments consulted:

     Office of the CEO, Mayor &               Community Services          Corporate Services
             Councillors
     Mayor & Councillors                   Director                    Director
     Chief Executive Officer               Community Development       Financial Services
     Executive Officers                    Sport & Active Lifestyles   Fleet
     Community Engagement                  Arts & Culture              Revenue Services
     People & Culture                      Community Connection        ICT
     Governance                            Customer Experience         Commercial Property
     Strategy & Environment &              Development & Regulation     Infrastructure Services
     Sustainable Development
     Director                          x   Director                    Director
     Strategic Land Use Planning       x   Development Assessment      Infrastructure Planning, Design
                                                                       and Delivery
     Economic     Development      &       Local Laws                  Civil and Asset operations
     Destination Management
     Environmental Services                Environmental Health        Asset Management
     Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                           Property / Permits          Disaster Management
                                                                       Waste




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