Delegated Report 132004.240098.6

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	132004.240098.6
	
Author:	Wilhelm Koschade
	
Project Director:	Wilhelm Koschade - Development Planner
	

SUMMARY:

APPLICATION DETAILS
Application Number:	132004.240098.6
Applicant:	Body Corporate On The Terrace Cts36880
Request Received Date:	27/09/2016
Original Approval Type:	Development Permit for Multiple Dwelling (10 units) restaurant and 2 shops
Number of Submissions for Original Application:	2 submissions

PROPERTY DETAILS
Property Address:	231 Gympie Tce NOOSAVILLE  QLD  4566
RP Description:	Lot 4 RP 36726
Land Area:	2714m²
Existing Use of Land:	Multiple Dwellings (10 units) restaurant and 2 shops

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Locality:	Noosaville Locality Visitor Mixed Use
Planning Zone:	
Assessment Type:	Change to Approval

PROPOSAL:

The application seeks approval for numerous changes to the existing development approval. The changes include:

Part enclosure of the balcony area of Unit 7 which is situated at first floor to the rear of the development. Aluminium shutters have been used for the enclosure which results in an area of 6m2;

Alterations to the approved roof top pergolas for Lots 9 – 13; and

The designation of 9 car spaces for the exclusive use of residential units within the development resulting in a 5 car space deficit of spaces for the restaurant and shop developments onsite. A total of 17 car spaces were conditioned to be made available for the public at all times which has now been reduced to 12 following Council’s approval of a Community Management Statement in 2007.

The application has been triggered as a result of a compliant to Council.

BACKGROUND:

A Development Permit Development Permit for Multiple Dwellings (10 units) restaurant and 2 shops took affect on 2 November 2005.

At the time the original application was publicly notified, 2 properly made submissions and were received.  The submitters were primarily concerned with the location of the restaurant within the site and questioned the need for another restaurant within the area.

A change to the approval 132004.240098.2 was approved on 2 March 2006 to allow the removal of vegetation that was conditioned to be retained.

On 3 July 2007 Council approved a change to the approval 132004.240098.3 to reflect the as built development. As a result some additional out door dining area (12m²) was established for the use of lot 3 during shop trading hours and for the use of the restaurant after shop closing (i.e. after 5pm).

On 28 April 2015 Council approved a change to the approval 132004.240098.4 regarding a change to the use of Lot 3 from Retail Business Type 2 - Shop/Salon to an Entertainment and Dining Business Type 1 – Food and Beverages (Restaurant).

On 12 July 2016 Council approved a change to the existing approval 132004.240098.5 to alter the layout of the use area for Lot 3. The amended layout included a reduction to the external use area from 12m2 to 10m2 and transferring the additional 2m2 to inside the tenancy. This resulted in a total area of 32m² internal and 10m² external.

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to constitute a permissible change on grounds that:
The change would not result in a substantially different development.Note: provide reasons
The change would not require the application to be referred to additional concurrence agencies;
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 a minor to the use area.Note: provide reasons
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.

ASSESSMENT:

Condition 19. Any deck areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.

The application seeks a retrospective approval for the part enclosure (6m2) of an existing balcony of Unit 7. The particular portion of the balcony is enclosed by security shutters and depicted below in Figures 1 and 2.

Figure 1 – Enclosed Balcony Area (6m2)

Figure 2 – Enclosed Balcony Area

The full or part enclose of any balcony area of the residential units is contrary to condition 19 of the original approval which prohibited any deck area to be enclosed with shutters, glass panelling or the like, thus remaining open structure.

The intent of the condition is to maintain open space for the areas of the residence. The entry area of the balcony is depicted in Figure 3 below. The selection of aluminium louvers have a low visual impact and do not contribute to building bulk and scale.
Moreover, the part enclosure of the balcony does constitute Gross Floor Area (GFA). The development was approved with a total GFA of 1,700m2. Based on the current GFA and Population Density provisions of The Noosa Plan and superseded planning scheme, the site is entitled to a maximum GFA of 1,735m2. The increase of 6m2 of GFA equates to a total of 1,706m2 remaining below the maximum permitted.

It is recommended that Condition 19 remain unchanged. It is further recommended that the original approved plan be annotated to reflect the enclosed balcony and noted on the relevant condition.

Figure 3 – Enclosed Balcony Area (red)

Condition 20. The rooftop pergolas are to be a maximum of 10% of the area of the rooftop terrace, located as indicated on 2.903.5C prepared by Andrew McKellar Design and date stamped 15 June 2005 and designed as cantilevered structures with only 2 support poles and sloping open slatted roof.

Pergola Area

The application seeks approval to alter a condition regarding the area of existing roof top pergolas for 3 units within Block A and 2 units within Block B. The original approval conditioned the roof top pergolas to have a maximum area equivalent to 10% of the roof top terrace area in order to manage building bulk and scale and to ensure the pergolas integrate with the existing roof line of the development.

Given the roof top terraces have ranging areas, in order to achieve compliance with the original condition each pergola would need to be slightly adjusted to achieve an area equivalent to 10% of the roof terrace. Instead of being adjusted to suit, each roof top pergola was originally constructed similar in size and some have used an impervious roof material rather than a slatted roof as outlined in the condition.

Notwithstanding this, building bulk and scale remains largely unchanged since the original construction and is unlikely to have any negative impacts on the surrounding uses.

Building Height

It is acknowledged that some pergolas have been roofed with a translucent impervious surface and therefore constitutes a storey under The Noosa Plan. While technically a storey, the roofed pergolas do not change the building height in metres and remain of low impact, open construction.

The roofed pergolas maintain an architectural scale consistent with structures on adjoining or nearby land. The roofed pergolas do not impact on the amenity of surrounding land as the pergolas are similar in construction as originally approved and remain for open space purposes and unenclosed. To ensure the structures remain unenclosed, the condition is recommended to be amended accordingly.

It is therefore recommended that Condition 20 be amended as follows:

Condition 20. The rooftop pergolas are to be generally in accordance with Plan No. 2.903.5C prepared by Andrew McKellar Design and date stamped 15 June 2005 and designed as cantilevered structures with only 2 support poles and must remain unenclosed, open sided structures. The rooftop pergolas may include a light weight impervious roof.

Condition 38. A minimum of 17 car parking spaces (parking for the shops and restaurants) shall be available for public use at all times.

The development was approved with a minimum of 32 carparking spaces comprising 10 covered spaces for units, 5 uncovered spaces as guest parking for the residential units and 17 carparking spaces to accommodate the shop and restaurant uses which are along Gympie Terrace. Condition 38 stipulates that 17 carparking spaces must remain available for public use at all times.

Following the completion of the development, each residential unit was separately titled and the subsequent Community Management Statement (CMS) approved by Council in on 2 March 2007. The CMS included a schedule allocating exclusive use areas which included the designation of 9 visitor spaces for the exclusive use of Lots 4 – 9 and 11 – 13. Lot 10 was also allocated two car spaces on title. Since the approval of the CMS and allocation of two carparks to lot 10, the spaces have been garaged and gated and are no longer accessible to the public.

Conditions associated with the development permit prevail over the approved CMS. However, as an oversight of Council allocating the carparking spaces for exclusive use resulted in a shortfall of 5 visitor spaces for the use of shops and restaurants. Currently, 12 spaces are available which is contrary to Condition 38 where a minimum of 17 are required to remain unobstructed and made available to the public at all times.

Notwithstanding the content of the CMS, the shortfall of 5 spaces for the shop and restaurant use, is deemed sufficient to accommodate the mixed use development for the following reasons:

Since the approval of the original CMS on 2 March 2007, there has been no indication that the shortfall of visitor spaces has impacted on the mixed use development;
Given the location of the site; customers attending the shop/restaurant uses along Gympie Terrace are unlikely to travel to the visitor carparking accessed via Elizabeth Street;
The location of the carparking spaces designated for exclusive use of Lots 4 – 9 and 11 – 13 are located in areas ‘least practical’ to customers attending the site;
The original approval permitted 3 spaces to be located in tandem (see Figure 4 below). This arrangement is unpractical. Should these carparks be utilised as visitor spaces they would effectively obstruct the respective unit’s private garage areas and/or vehicular movement. As a result, the development effectively had 14 visitor spaces available only.

It is therefore recommended that Condition 38 be amended as follow:

Condition 38. A minimum of 12 carparking spaces (parking for the shops and restaurants) shall be available for public use at all times.

Figure 4 – Visitor spaces in tandem

Note: Provide an assessment of the proposal, including an assessment of whether the proposed changes comply with the planning scheme provisions that were in effect at the time the original application was made, with appropriate weight given to the current planning scheme provisions (refer to SPA).  Also, your assessment must look at the degree of change from the first, original approval, not just the difference between the current proposal and the last change that was done.  The assessment must also consider the submissions that were made during the original application

Note: Where conditions are changing, provide a list of all affected conditions showing track changes.  New words are to be shown in bold, and deleted words are to be shown with a strikethrough.  Also list and discuss any changes required to the list of approved plans and documents including any plan amendments
RECOMMENDATION

APPROVE the request to change a development approval, Application No. 132004.240098.6, situated at 231 Gympie Tce NOOSAVILLE QLD 4566, in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council decided to:
Note: delete the items which are not applicable

Change Conditions 20 and 38 as follows:

20. The rooftop pergolas are to be generally in accordance with Plan No. 2.903.5C prepared by Andrew McKellar Design and date stamped 15 June 2005 and designed as cantilevered structures with only 2 support poles. The rooftop pergolas may include a light weight impervious roof.

38. A minimum of 12 carparking spaces (parking for the shops and restaurants) shall be available for public use at all times.

Leave Condition 19 unchanged

Note: Provide a list of all amended conditions and approved plans as they would appear on the new Decision Notice (ie. with no track changes displayed)

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