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Request to Amend Application 51997.2384.03

of 19

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 8.30 am to 4.30 pm Monday to Friday (excludes public holidays).

 Caloundra        -   1 Omrah Avenue Caloundra Old 4551

 Maroochydore          -

                           Maroochy on First, 10 First Avenue Maroochydore Old 4558
 Nambour        -
                    Cm Currie and Bury Streets Nambour Qld 4560
                                                                                                         Development Counter
 Tewantin       -
                    9 Pelican Street Tewantin 4565
                                                                                                                         4 FEB 2013
 ,
      ALL questions MUST be completed unless the form indicates otherwise.
 .
      This form must be submitted to Council accompanied’by the applicable fee.
                                                                                                               Maroochydore
      Attach extra pages if there is insufficient space on the form

      If Council was the Assessment Manager for the existing approval, and the approval was issued by the Court, then:         .




      (a)a request to change the development approval and/or conditions is made to the Court; and
     (b)a request to extend the relevant period for the approval is made to Council.
     All terms used on the form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation
 .


                                                                                                                                                        ~
     2009.



 1. Details of person making the request

 Full name      -
                    individual or company        Never Holdings Pty Ltd and Body Corporate ’Laguna on Hastings Arcade’

 Contact Name         -
                          for company            CI Martoo Consulting

 Postal adclress                                 PO Box 1684

 Suburb                                         Noosa Heads                        State   QLD

 BUSII1t:ss phone          54472550               :   A/H phone                                      Mobile

 Ernall address             [email protected]                                              Fax 54553322




Type of approval (please tick ALL applicable categories)                    Which entity issued approval?
 ./      Development Permit                                                .,/   Sunshine Coast Council

o        Preliminary Approval                                               o    Other entity   -

                                                                                                    please specify
o        CompUance Permit
.,/      Material Change of Use

o        Reconfiguring a Lot
o       Operational Works
o        Building Works


                                                                                                ’!BOX:d,$.~~::...;t~
                                                                                                                                                    \
o       Plumbing or Drainage Works
                                                                                                                                                .
                                                                                                                                                    J
o       Compliance Certificate

                                                                                                                                   0’3
                                                                                            51 q 91 ~ 3<;sY          .
                                                                                                                                   .




Privacy
Council will use any personal information provided for the intended purpose only and for remaining in contact with you. Council is
aulhorised to colleclthis information in accordance with the Local Government Act 2009 and other Local Government Acts. Your
personal information is only accessed by persons authorised to do so. Your personal information is dealt with In accordance with
council’s privacy policy



[email protected] au I T 07 5475 7272                         F 07 5475 7277
Locked Bag 72 Sunshine Coast Mail Centre Old 4560 I ABN 37876 973 913

Caloundra office 1 Omrah Avenue Csloundra Old 4551          I   Maroochydore office 11-13 Ocean Street Maroochydore Old 4558
NSl\1bour office Cnr Currie and Bury Streets Nambour Old 4560         I   Tew.ntln office 9 Pelican Street Tewantin Old 4565


1 of 4              2012/13 Regional Strategy and Planning Requesllo Change Existing Approval and/or Extension to Relevant Period FM3002s


                                                                                                                                            ~
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Page 2

       o    Erwironmentally Relevant Activity
   Application number/council reference                           12506TC & 132009.1102.01                                                   : Date issued        1998 & 2011
   Is the approval for a mobile and temporary ERA?                                                                  ./ No                    DYes       -

                                                                                                                                                            complete below
   Insert the name of each local government area in which the mobile and temporary ERA is proposed to
                                                                                                                                                        operate/operating




   3. Nature of request (please tIck ALL applIcable categories)

  ./ To change the development                               ../ To change the                                                  o      To extend the relevant period
                                                                                               development
  approval                                                   conditions                                                                before lapsing

   Please attach documentation outlining the detail of and the reasons and justification for the requested change or
  extension.




  4. Location of the premIses

                                          i
  Unit No.                                    Street No   32                      Street              Hastings Street
  Suburb             Maass Heads                                                                        !
                                                                                                            State       Qld                     Postcode         4567

 :~ t;:t1~"". ’.        .,.’ ~, .:’ <’_   l.f..r~!.t)y.p.~~p. ~p.f! :’~:,~’, -.            ..-        .’    _
                                                                                                                          _’._."
                                                                                                                                                                        .’.
  Lot                                         SP12 386-

  LotO                                    . SP120366 (Common Properly STS Laguna on Hastings Arcade)




 5. Concurrence Agencies

  Was there one or more concurrence agencies involved in the original approval?                                                     -,/ No


                                                                                                                                   i 0 Yes-provide details below
 Note           Under s372 of the Sustainable Planning Act 2009 the person making the request is required to give a
                                                                                                                                                   copy of this request to all
            -




 concurrence agencies.
                                                                                                                                   .                                    .




 $~Jf~~~t~~.ljI .~~~Q:M, /I’(:~’~:~",~. :,.....,
                                 ,                          ;   ._._’.’.1...... ,._’   ,   .     ..
                                                                                                        ,           .
                                                                                                                        .’
                                                                                                                               .
                                                                                                                                    Da~e cOPy.,give!’        .




 6. Pre-request response notice

  Has a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request?

 ../   No                                                                              .0Yes

 If yes, please attach a copy of the notice.



 7. Owner’s consent

 Is the owner’s consent required for this request?                                               o No

                                                                                                 -,/ Yes-
                                                                                                            complete either Table A or Table B below
Note       -
               If more than one owner of the land all owners’ details are required




Table ~          -   owner’s consent provided on form                                                                              Hastings Arcade
!Owner’s name/s
                              Body Corporate          -

                                                          Laguna on’
                                                                                                        /j};;,;",tJ                Never Holdings Pty Itd

2 of 4                      2012/13 Regional Strategy and Planning Request to Ch
                                                                                                      ng~,l~n~          Approval and/or ExtenSion to Relevant Period FM3002s

Page 3

             .




                                                  ,-




                              d~4h’                                            Table 8     -
                                                                                               owner’s consent          ,provided   on form




                              I{((,)
                              th /lo" W1
                                        /M/:’j~
                                             h
                                                  ’
                                                                               Owner’s name/s


                                                                               o The owner’s written consent is attached.
     I/We, the above-mentioned ownerls of the land, consent
     to the making of this request




     Signature/s


                                       11!Llflla
     Date
                                            :~\ I’
                                                        ~2013
:
     NOTES: For question 7

     Under section 371 of the Sustainable Planning Act 2009, if the person making the request is not the owner of the land to which the
     approval relates, the request must be accompanied by the owner’s consent.
     However, owner’s consent is not required if the approval:
         relates to land the was acquisition land to which section 263(2)(d) of the Sustainable Planning Act 2009
                                                                                                                  applied when the
         application for the approval was made; or
         is for building work or operational work for the supply of community infrastructure on land
                                                                                                          designated for the community
         infrastructure; or
         the consent of the owner would not be required under section 263(1) of the Sustainable
                                                                                                     Planning Act 2009 if a development
         application were made for the requested change
.
    Also, owner’s consent is not required if the Assessment Manager is satisfied that:
         the number of owners of the land make it impractical to obtain owners’ consent, and the requested
                                                                                                                    change does not materially
         affect the owners’ land; or

         having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the requested change
         does not materially affect the owner’s lend.




    8. Does the request involve a State resource prescribed under the
                                                                                        SustainablePlanmng RegulatIOn 2009,
    Schedule 14?

    ../ No                                                            :
                                                                          0 Yes   -

                                                                                      complete below details
    Nature of State owned resource:

    Nature of Evidence required:

    o Evidence of allocation of I entitlement to, the resource            0 Evidence the chief executive has agreed to the request

    Attach a copy of the evidence required above

    NOTES: For question 8

    SectIon 370(3) and (4)of the Sustainable Planning Act 2009 requires that if an application for the development approval were made at
    the time of making this request and evidence under section 264(1) of the Sustainable            Act 2009 would be
                                                                                               Planning                       to required   support
    the application, this request must be accompanied by the written agreement of the chief executive from whom evidence would be
    required under section 264(1).
Section 264 of the Sustainable Planning Act 2009 prOVides that if a development involves a State resource, a
                                                                                                                regulation may require
the application to be supported by certain evidence prescribed under regulation, Schedule 14 of the Sustainable
                                                                                                                   Planning Regulation
,2009 prescribes the State resources for which evidence is required to’ be given, and the evidence required, to support the application,



9. Declaration of applicant

!/We,the applicant, declare that the above information is correct in all respects, at the time of lodgement of this
application with the Sunshine Coast Regional Council. Should any of the details given in relation to this application be
changed in the future, the applicant shall         Sunshine Coast Regional Council in writing prior to any such change
                                                              t~J
being implemented                                     ad.Vise 1<
                                        it.
                                             .
                                              _/


Signature/s                                      .,
                                                      ft!t(J.;VO                                             ,

                                                                                                                 Date            II )UJ
                                        ~                                                                                  ’3I
                                        ,




3 o.4                   201V13 R.g’o",’          "’’"’p"""’"g Roo’’’’’o Ch"go E<’’’’"’ Aoo"’" "dloc E",""," 10 R"","’ P"’oo FM3002,

Page 4

               ..


          ..




     OFFICE USE ONLY

     Application no.           Amount paid          Date paid            Receipt no.              Initial               Date stamp


 ,

     Receiving Officer




Payment options
In person               Customer service centres: 8 30 am to 4.30
                                                               pm Monday to Friday (excludes public holidays).
By mail             .

                        Cheque or money order to be made payable to: Sunshine Coast Regional Council.
                        o Cheque                     0 Money order                     0 Mastercard                    0Visa
                        Card number
                                                                                       Expiry date                     Amount $
                        Name on card
                                                                                       Signature of cardholder
                    Phone                                                             Is a receipt required?            0 Yes           0 No
4 of 4                      2012113 Regional Strategy and Planning Request to
                                                                                Change Existing Approval and/or Extension 10 Relevan! Period F’M3002s

Page 5

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                        Council Reference: 12506 TC & 132009.1102.1
                        Our Reference:     01376 L04 NG




                        31 January 2013
                                                                                                               \                martoo
                                                                                                                                consulting _
                                                                                                                                                       pty Itd
                                                                                                                               town planners +
                    Chief Executive Officer                                                                                    urban designers
                    Sunshine Coast Regional Council
                        Locked Bag 72
                                                                                                                                     .

                                                                                                                                           eyors
                    SUNSHINE COAST MAIL CENTRE 4560                                                                        lIelo
                                                                                                                                 ’PrnerU C,’").        ’\
                                                                                                                                                             .




                                                                                                                               04 h                     ’-’l..Itu0r
                                                                                                                                   fB
                    Attention:       Planning North           -
                                                                  Marcus Brennan                                                      2073
                                                                                                                     Marc
                    Dear Sir/Madam
                                                                                                                         oChYd:Ole                ..



       .



                    RE:          LODGEMENT OF PERMISSABLE CHANGE TO A DEVELOPMENT APPROVAL
                    APPLICATION TO CHANGE DEVELOPMENT APPROVAL                                        -
                                                                                                          12506 AND 132009.1102.1 FOR
                    EXTENSION TO AN ENTERTAINMENT & DINING BUSINESS TYPE 1 (FOOD & BEVERAGE)
                    FOR LOTS 6 & 7 AND EXTENSION TO RETAIL BUSINESS TYPE 2 (SHOP& SALON) FOR LOT
                    1 OVER LAND AT TENANCIES 1,6 & 7 AND COMMON PROPERTY AT HASTINGS STREET
                    NOOSA HEADS DESCRIBED AS LOTS 0,6 and 7 ON SP120366


                    Martoo   Consulting has been engaged by Never Holdings Pty Ltd (and supported by the Body
                    Corporate of ’Laguna on Hastings Arcade’) as the applicants for the above proposal to submit a
                    permissible change to a development approval to the outdoor plaza associated with premises at 32
                    Hastings Street, Noosa Heads, known as Laguna on Hastings (Laguna Arcade). The site currently
                    contains an existing commercial and residential complex which includes retail tenancies at ground
                    level facing Hastings Street and a Resort hotel to the rear known as the Sebel Hotel.


                    The proposed changes to the site relate to the outdoor plaza area located to the Hastings Street
                    frontage of the site and includes:

                                6/32 Hastings Street, Noosa Heads (Vacant shop previously Sandy’s Deli)


                                          .     Convert the existing approved shop and restaurant to a restaurant
                                          .     Increase the existing approved outdoor dining area by an additional 76 m2
                                                adjacent to the premises
                                          .     Proposed utility space of 22m2
                                          .     Provision of 80m of vertical green wall
                                          .     New central access way to toilet facilities from central plaza area behind Lot 6
                                          .     New signage and lighting to toilet facilities


                                7/32 Hastings Street, Noosa Heads (Aromas)


                                          .     Extend the outdoor dining area around Aromas by an additional 56m2.
                                          .     Provision of 31 m2 of vertical green wall


                                1/32 Hastings Street, Noosa Heads (Noosa Heads Pharmacy)


                                          .     Increase the outdoor display area associated with the Chemist by an additional
                                                19m2 in front and to the side of the existing premises.
                    v

                                                                                                                                                                       ,.


                    SUNSHINE COAST OFFICE                                                      GYMPIE OFFICE                                                     \..
                    13/6 BOTTLEBRUSH AVENUE, NOOSA HEADS      PO BOX 1684 NOOSA HEADS Q 4567   38 NASH STREET, GYMPIE         PO BOX 391     GYMPlE Q 4570
                    TELEPHONE: (07) 54472550    FACSIMILE: (07) 5455 3322                      TELEPHONE: (07) 54B2 7440    FACSIMILE: (07)5482 4952
                    [email protected]                                                  [email protected]

                                                                                     Page 1

Page 6

I,   I)




          In 1998, Council approved an application for the entire site for a Multiple dwelling (112 units), 8
          Shops, 2 Restaurants, outdoor dining areas and ancillary facilities under 12506TC. The two
          restaurants approved over the site included tenancies 6 and 7 detailed above with lot 1 approved as
          a shop.



          A number of applications to modify the different uses on the site have been lodged and approved by
          Council, including alterations to tenancy 6 to convert part of the premises to shop and extend the
          area of the shop and an application over tenancy 7 to enable roll down security screens around the
          existing tenancy area.

          6/32 Hastings Street Noosa Heads:


          In September 2011, Council approved an application for a Permissible Change for a Retail Business
          Type 2 (Shop & Salon) and Entertainment & Dining Business Type 1 (Food & Beverage) to enable
          enclosure of 21 m2 of approved outdoor dining area to the east of the existing building.


          The applicant has undertaken these works and           now   wishes to utilise the entire       premises for a
          Restaurant and associated outdoor dining. It is noted that the premises were originally approved in
          January 2010 for Retail Business Type 2 Shop use area of 86 m2 and Entertainment & Dining
                                                         -




          Business Type 1 (Food & Beverage) for 40m2 of outdoor dining area under 2009/1102 with the
          permissible change in 2011 approving enclosure of 21 m2 of the approved outdoor dining.

                                                                                    The     applicant seeks approval
                                                                                    to extend the area of approved
                                                                                    outdoor     dining        by   76m2      as

                                                                                    indicated       on    the        proposal
                                                                                    plans.      These     new        areas   of
                                                                                    outdoor dining are proposed on
                                                                                    the    existing paved area along
                                                                                    the frontage of the tenancy and
                                                                                    to the east, adjacent to the new
                                                                                    vertical ’green wail’. This green
                                                                                    wall   provides 80m2 of new
                                                                                    green space on the site.

                                                                                    The   existing access to the
                                                                                    public toilets between tenancy
                                                                                    6 and 7 causes a number of
                                                                                    internal issues for tenants              on

                                                                                    site   as   well     as    the    general
                                                                                    public in terms of distance from
                                                                                    tenancies and amenity impacts.
                                                                                    To overcome these issues the
                                                                                    applicant       proposes         a   new

                                                                                    defined        passageway            with
                                                                                    signage to be located directly
                                                                                    behind tenancy 6 with direct
                                                                                    access from the central plaza

                                                                                    area.    This access way will be
                                                                                    readily visible to patrons of the
                                                                                    centre    as   well as closer to all
                                                                                    tenancies on site.




                                                                                    Photograph 1     Area to be used for
                                                                                                     -




                                                                                    outdoor dining and green wall




                                                             Page 2

Page 7

11   I’




                                                                      ----




                                                                  r


          Photograph 2   -
                             Proposed access to public toilets.



          7/32 Hastings Street, Noosa Heads (Aromas)


          The above premises are currently occupied by a restaurant known as ’Aromas’ which includes an
          extensive area of outdoor dining to Hastings Street and the central paved central court area. The
          applicant is seeking approval to extend the approved outdoor dining to reflect the area actually used
          on site by the restaurant. The additional 56m2 is located between the existing water features and

          gardens in the court area and to the rear of the premises. A new additional ’green wall’ with 31m2
          of will be provided to the rear of the restaurant providing additional landscaping to the area and
          softening the existing hardscape areas.




                                                                  Page 3

Page 8

t,   .   r




             Photograph 3 Aromas outdoor dining area
                         -




         .




             1/32 Hastings Street. Noosa Heads (Noosa Heads Pharmacy)


             The Noosa Heads Pharmacy currently occupies tenancy 1 on site. The applicant seeks approval to
             increase the outdoor display area associated with the existing shop by  19m2 as indicated on the
             proposal plans.    The additional outdoor display area is located   along the western
                                                                                                boundary and
             across the front of the site and represents the existing area currently used by the shop for the

             display of items.




                                                           Page 4

Page 9

I,   .   I




             Photograph 5 Display area in front of
                           -




             Sustainable Planning Act

             Section 367 of the Sustainable Planning Act 2009 defines a permissible change for a development
             approval as:

                       (1)A permissible change, for a development approval, is a change to the approval that
                      would not-


                      (a)result in a substantially different development; or
                      (b)if the application for the approval were remade including the change-
                                        (i) require referral to additional concurrence agencies;
                                         or

                                      (ii) for an approval for assessable development that previously did not
                                      require impact assessment-require impact assessment; or
                      (c)for an approval for assessable development that previously required impact
                      assessment-be likely, in the responsible entity’s opinion, to cause a person to make a
                      properly made submission objecting to the proposed change, if the circumstances allowed;
                      or

                      (d)cause development to which the approval relates to include any prohibited development.

             The proposal is considered to comply with the requirements of the Sustainable Planning Act as
             detailed below:


                      (a) result in a substantially different development;

                           The proposed restaurant outdoor dining and shop display areas are consistent with the
                           existing approval and uses on site and do not result in a different development form. No
                           new building works are proposed on site.



                      (b)if the application for the approval were remade including the change-
                                        (i) require referral to additional concurrence agencies;
                                         or




                                                              Page 5

Page 10

1.   I;




                                   (ii) for an approval for assessable development that previously did not
                                   require impact assessment-require impact assessment; or

                      No concurrence agencies would be triggered by the proposal and the level of
                      assessment has not altered.


                 (c)for an approval for assessable development that previously required impact
                 assessment-be likely, in the responsible entity’s opinion, to cause a person to make a
                 properly made submission objecting to the proposed change, if the circumstances allowed;

                      It is unlikely that a person would make a submission objecting to the proposed change
                      as thepremises are currently approved for retail and dining purposes and the proposed
                      outdoor dining and shop display areas are consistent with the expected character of the
                      area. The new outdoor dining areas associated with tenancy 6 are located in an

                      existing paved area to the east of the existing building. It is noted that this new outdoor
                      dining area is enclosed by a new vertical green wall and in an existing paved outdoor
                      area that is overlooked by three storey holiday units. As indicated by the photographs

                      below, the adjoining units to the east are screened by existing vegetation and both unit
                      developments have limited openings and decks to the proposed outdoor dining area.


                                             ~.
                                             ~.tt.




                      Photograph 6 adjoining units to the east
                                   -




                 (d)cause development to which the approval relates to include any prohibited development.

                      Not prohibited development.


          The proposal is therefore considered to be able to be considered as permissible change.




                                                                 Page 6

Page 11

..




     Noosa Plan


     The site is included in the Noosa Heads Locality and the Visitor Mixed Use zone which supports a
     range of unit and commercial development. The proposed use of the site for the additional outdoor
     dining areas and shop display areas is consistent with the intent of the zone and provides a rich,
     vibrant and active streetscape desired for the area. The areas proposed to be used for outdoor
     dining are currently hard paved and relate to the adjoining commercial premises and for tenancies 1
     and 7 represents areas currently used for outdoor dining and display.


     The area to be used for outdoor dining associated with tenancy 6 is also hard paved and currently a
     ’dead’ space within the complex. The use of this area adds variety to the site and overall street as
     well as aiding in encouraging shoppers to the interior portion of the site.


     The proposal is considered to fully comply with the Outcomes of the zone which include:


               iii contributes to a high level of residential amenity, design quality, landscape quality and
               safety;

               iv respects the scale and character of the streetscape and surrounding development;


               v enhances the traditional focus for Visitor accommodation in the coastal                        part of Noosa;

               vi incorporates Entertainment and dining businesses, Retail businesses and Commercial
               businesses that are of particular interest to visitors;


               vii contributes to the economy of Noosa through the tourism and hospitality sectors;



     Column 1    -
                     Specific Outcomes           Column 2 Probable solutions                 Proposal Response

     049 Mixed-use development,                  S49. 1 No development has a non-            Complies    -
                                                                                                             Existing proposal does not
     incorporating Visitor accommodation, is     Residential Use component of more           alter existing ratios substantially.
     designed and operated to ensure             than 20% of the gross floor area on the
     Business Uses and Community Uses            site;
     do not have any adverse impact on the       AND
     amenity enjoyed by residents and            S49.2 No single Business Use has a          Complies
     visitors, including impacts associated      use area in excess of 300m2;

     with-                                       AND
     a) visual and acoustic privacy;             S49.3 Business deliveries are               Complies- proposal able        to   comply
     b) safety and security; and                 undertaken only between the hours of        with requirements.
     c) lighting                                 6am to 7pm;
                                                 AND
                                                 S49.4 Business Uses operate only            Complies- proposal able        to   comply
                                                 between the hours of tam and 9pm            with requirements.
                                                 with the exception of Entertainment and
                                                 dining business, which may operate
                                                 until2am.
                                                 AND
     AND
     050 The character and amenity of the        S50.1   Residential Uses    are   located   Complies- ground floor uses comprise
     street is protected through-                above the ground floor level                shops, restaurants and outdoor dining
     a) a single access point to the                                                         areas. The proposed outdoor dining

     development;                                                                            areas provide alfresco areas to the

     b) dense street planting and a variety of                                               area with  the outdoor shop display
     alfresco dining and sitting areas serving                                               adding colour and vibrancy.
     as local meeting places;

     c) small separate buildings, rather than
     large single bulking buildings; and
     d) uses on the ground floor level being
     Business Uses such as shops, cafes,
     restaurants that create active building
     fronts,   with     accommodation    units
     located above.
     Entertainment and dining business
     Uses
     051 Entertainment and dining                S51.1      Entertainment    and    dining   Complies    -Outdoor dining areas and
     business uses are designed to avoid:-       business    uses   do not include drive-    display   areas   do    not   interrupt
     a) creating excessive traffic or amenity    through facilities for purchasing food or   pedestrian flow.
     impacts on Hastings Street; or              alcohol.


                                                                    Page 7

Page 12

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              b) interrupting the pedestrian flow along
              footpaths.
               Streetscape & character
               056 Development-                            S56.1 Ground floor uses have at least    Complies
               a) respects and complements the             50% transparent glazing to shopfronts
               existing neighbourhood character;           to create active street fronts.
              b) addresses the street and contributes
              positively to the streetscape;
              c) incorporates attractive and
              contemporary designs;
              d) contributes positively to the skyline
               with pitched roofs;
              e)provides variation and vitality in
              setback alignment;
              f) incorporates outdoor dining or
              landscaped areas;
              g) includes covered pedestrian
              entrances to premises;
              h) varies in line and plane;
              i) employs landscape designs in front
              building setback areas and footpath
              areas that are in character with existing

              streetscape themes;
              j) provides for a variety of balconies,
              verandas, railing treatment and
              awnings but with limited covering of
              pedestrian areas;
              k) uses a variety of building materials to
              add to the diversity and visual interest
              within the streetscape; and
              I) provides separate       entrances   for
              Business Uses and Residential Uses
              within the one building.



              The proposed extensions are consistent with providing an active street front to Hastings Street.


              Landscaping

              The existing approval over the site 12506TC indicates that the current development form provides
              3053m2 landscaped open space on site which complied with relevant scheme requirements. This
              proposal now seeks to utilise 151 m2 of existing hardscape area for outdoor dining and display
              purposes.

              As indicated above the areas proposed to be utilised for outdoor dining and display are currently
              paved    and in relation to the Aromas and Chemist areas                     are     currently being utilised for such
              purposes.

              The use of these hardscape areas does not impact on the central courtyard                  providesarea   and
              vibrancy    to the street and centre.                                providing open space did not
                                                              These hardscape areas whilst
              provide any greenery or vegetation to the area. To ’replace’ the calculated open spaces areas the
              applicant has constructed a 80m2 vertical green wall and proposes a further green wall of 31 m2 on
              the site. These green walls provide soft landscaping and greenery to the site and are a positive
              contribution to the site. The photographs below demonstrate the ability of the green walls to soften
              and contribute positively to the overall area.




                                                                         Page 8

Page 13

,   .




        The reduced landscaped open space is considered to comply with the Specific Outcomes of the
        Landscaped Code as detailed below:

             Streetscape and amenity
             01 Sufficient landscaped areas are provided to-
             a) enhance the visual amenity and natural landscape character of the area, streetscape and
             local area;


             As indicated by the photographs above, the existing and proposed green walls enhance the
             area and soften the  existing hardscape on site. These walls are proposed to be located in an
                                                               comprises expansive hard surfaces. The
             area that is off the street, is not well utilised and

             green walls effectively soften the visual amenity of this area.

             b) retain natural landscape features, such as rock outcrops and existing large trees;

             The areas of landscaped open space that are to be used for commercial purposes are hard
             paved areas and all existing vegetation on site is to be retained.

             c) retain existing native vegetation and enhance buffer areas around property boundaries;

             The proposed green walls will provides additional green space to the existing hardscape on
             site.


             d) suit the relative size and nature of the development and its setting;

             The proposed green walls have a total area of 111 m2 and effectively replace the area of
             hardscape reduced by the application. The green walls are an innovative and unique feature
             for the site.


             e) reduce the visual impact of large or bulky structures and fencing along watercourses; and

             Not applicable   -
                                  not along a watercourse.
                                                          Page 9

Page 14

, .




            f) conceal service, carparking and loading areas of developments;

            The green walls soften the appearance of the rear service area and direct patrons to
            amenities areas to the rear of tenancy 6. Clear directional signs and lighting to the amenities
            area will be   provided.

            g) screen incompatible land uses; and

            The loss of the hardscape area from landscape calculations does not impact on the overall
            presentation of the existing development on site.

            h) provide privacy between any dwelling units and accommodation units on and adjoining the
            site to a height and density appropriate to the scale of the development.


            Existing adjoining development is three storeys in height and is generally not orientated to
            overlook the commercial areas of the subject site.  Existing setback vegetation will be
            retained.


      Carparking

      The proposal has been assessed against the Driveway and Carparking Code.               It is noted that no
      additional carparking is required for the change of use from a shop to a restaurant for tenancy 6 as
      the approved shop and outdoor dining area would have been assessed for 8 carparking spaces
      whereas the restaurant would now only require 6 spaces based on an estimated use area of 54m2
      excluding the kitchen and storage area.

      Carparking for the additional outdoor dining areas for tenancy 6 and 7 is based on:


            Type 1 Food & Beverages 1 space per 10m2, or part thereof, of use area and outdoor dining
            area (excluding kitchen and food storage areas) on the property except where located within
            the Business Centre Zone, Neighbourhood Centre Zone or Village Mix Zone where 1 space
            per 20m2 applies.


      An additional 130m2 of outdoor dining space is proposed which equates to 13 spaces required for
      the development.


      One additional space is required for tenancy 1 based       on an   additional display area of 19m2 as
      indicated by the requirements for shops below:


            Type 2 Shop and salon 1 space per 20m2, or part thereof, of use area for areas up to 100m2
            (excluding outdoor dining area);AND
            1 space per 15m2or part thereof of use area for areas in excess of 100m2(excluding outdoor
            dining area); AND
            1 space per 10m2or part thereof of any outdoor dining area on the property.


      Therefore a total of 14 spaces are required to be provided under the Noosa Plan requirements. No
      additional carparking is able to be provided on site, however the proposal is considered appropriate
      and compliant with planning scheme intentions for Hastings Street of providing an a vibrant and
      active tourist area.The proposal does not negatively impact on the function of the street and
      enhances the vibrancy of the area especially in the current economic climate.


      It is not considered reasonable to levy the full contribution in lieu of the provision of carparking for
      the 14 spaces as:


               .   The outdoor display area does not generate a need for additional staff
               .   The outdoor dining area of Aromas does not generate a need for additional staff
               .   Most wait staff walk, utilise public transport or cycle to work and do not drive cars
               .   Most visitors to Hastings Street park and then visit multiple tenancies
               .   Many visitors to the site will be from existing accommodation premises in the street and
                   therefore do not require carparking


                                                     Page 10

Page 15

~




    .
                    .
                        Existing carparking is available of site for visitors to the site
    ...
                    .   The site is well located to public transport and pedestrian pathways
                    .   Councils strategy is to encourage alternative forms of transport rather than providing
                        more   carparking spaces.

          The applicant therefore requests that Council only requires a contribution for 2 spaces.



          4. CONCLUSION


          The proposal is considered to be a permissible change and is consistent with the provisions of the Noosa
          Plan. The use of the existing paved areas on the site for outdoor display and outdoor dining combined with
          the green walls enhances and       provides interest and vibrancy to the complex. The applicant seeks
          Council support for the proposal.


          The attached development application includes:


                     .
                          four (4)copies of the proposal plans prepared by Martoo Consulting.
                     .
                          a completed Council form; and
                     .
                          a cheque for $5306.00 which is understood to be Council’s application fee.



          The Assessment Manager’s favourable consideration of the above development application is therefore
          recommended. Please contact our Sunshine Coast office if you require any further information and/or
          clarification with respect to the above application.



          Yours sincerely



            ~~
          Nadine Gorton
          Senior Town Planner
          Martoo Consulting Ply. Ltd.




                                                             Page 11

Page 16

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                                                                   Attachments



                     Attachment 1   -
                                        Proposal Plans




                                                         Page 12


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06 FEB 2013
SCRC

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Attachment 1 - Proposal Plans

Page 12

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                                                    Sunshine Coast:
                                                                                                             R.P.D                        .~.
                                                                                                                                          ...
                                                                                                                                                           DEVELOPMENT
                                                                                                                                                                                 )r             PROJECT                     ..-:-
                                                    13/6 Boltlebrush Avenue                                                                                SUMMARY                .
                                                    P.O.Box 168L
                                                    Noosa Heads QLD 4567
                                                                                                             Lot 1, 6 67 on SP1     366
                                                    Ph: 07 54555425                                                                                                                           Proposed Additional Exclusive Use      Scale:                             Date:

       martoo                                       Fax: 07 54555725

                                                                                                             6-32 Hastings Street
                                                                                                                                                                                              Areas                                  1:200 (A3)                         29/01/2013
                                                    Gymple:
       consulting -                                 38 Nash Street
                                                                                                             NOOSAHEADS
                                                                                                                                                                                              Applicant:                             Drawn By:
                      ply lId                       P.O. Box 391                                                                                                                              Never Holdings Pty LId                 LM   -
                                                                                                                                                                                                                                              MARTOO CONSULTING
       town planners +                              Gympie QLD 4570                                          Local Authority:
                                                    Ph: 07 54827440                                          SUNSHINE COAST                                                                   Detail:                                Reference No.:                                    Sheet No.:
       urban designers                              Fax: 07 54824952
                                                                                                             REGIONAL COUNC’L                                                                 Locality Plan                          D-C01376-01-B                                     10f2
       +
            surveyors


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ional Counc!l and sho ised for an\
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martoo

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pty Itd
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ay.bave | r any

Sunshine Coast:

13/6 Bottlebrush Avenue
P.O.Box 1684

Noosa Heads QLD 4567
Ph: 07 54555425

Fax: 07 54555725

Gympie:

38 Nash Street
P.O. Box 391
Gympie QLD 4570
Ph: 07 54827440
Fax: 07 54824952

 

ition on this
is plan.

a
RP.D —————"f s

Lot 1, 6 & 7 on SP120366

6-32 Hastings Street,
NOOSA HEADS

Local Authority:
SUNSHINE COAST
REGIONAL COUNC'L

 

DEVELOPMENT

SUMMARY .

 

 

PROJECT ————“sat

Proposed Additional Exclusive Use
Areas

Applicant:
Never Holdings Pty Ltd

Detail:
Locality Plan

 

Scale: Date:
1:200 (A3) 29/01/2013
Drawn By:

LM - MARTOO CONSULTING

Reference No.: Sheet No.:
D-C01376-01-B 1 of 2

 

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                              Sunshine Coast:
                                                        R.P.D                      .~.
                                                                                   ...
                                                                                             DEVELOPMENT
                                                                                                                )r                           PROJECT                        ..-:-
                              13/6 Boltlebrush Avenue                                        SUMMARY                        .
                              P,O,Box 1684
                              Noosa Heads OLD 4567
                                                        Lot 1, 6 & 7 on SP120366
                              Ph: 07 54555425                                                                                            Proposed Additional Exclusive Use                Scale:                Date:

martoo                        Fax: 07 54555725

                                                        6-32 Hastings Street,
                                                                                                                                         Areas                                            1:200 (A3)            29/01/2013
                              Gymple:
consulting -                  38 Nash Street
                                                        NOOSA HEADS
                                                                                                                                         Applicant:                                       Drawn By:
             ply Itd          P,O, Box 391                                                                                               Never Holdings Ply LId                           LM     -
                                                                                                                                                                                                     MARTOO CONSULTING
town planners +               Gympie OLD 4570           Local Authority:
                              Ph: 07 54827440           SUNSHINE COAST                                                                   Detail:                                          Reference No,:                Sheet No,:
urban designers               Fax: 07 54824952
                                                        REGIONAL COUNCIL                                                                 Localily Plan                                     D-C01376-01-B                1of2
+
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Page 19

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                                                                                                                                                        HASTINGS STREET
      ~



           ~                                                                                                                                                 KERB & CHANNEL




                                                                           PROPOSED EXCLUSIVE
                                                       r---
                                                                           USE AREA         (19m2)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                              8




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             I
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             EXCLUSIVE
                                                                                                                                                   SP/20J66

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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             ~
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                                                                                                                                                                                                                         -
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                                                                                                                                                                                    ......,                                                                                                                                                                                 _-----J                                                                                                                                          -.!:

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                                                                                                                                                                                          \
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                                                                                                                                                                                  PROPOSED OPENING
                                                                                                                                                                                        EXISTING WALL
                                                                                                                                                                                                                        IN’      -~m                            ---------S;;;;ENITIES
                                                                                                                                                                                                                                                                     PROPO
                                                                                                                                                                                                                                                                                      ACCESS




 IMPORTANT NOTE:
                                                                                                                                                                                                                                                                                                                                                                                                                                          Scale 1 :200 Metres.                                -



 This plan was prepared for Never Holdings pty Ltd as a proposal plan to accompany a
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         ~
 development application to Sunshine Coast Regional Council and should not be used for any                                                                                                                                                                                                                                                                                        -

 other purpose. The dimensions, areas and total number of lots shown hereon are subject to                                                                                                                                                                10                                                                                                                                                  0                                                                                                    10                                            20

 the issue of all relevant development permits by Sunshine Coas Regional Council; a field                                                                                                                                      \
 survey by a Consulting Cadastral Surveyor and also any additional requirements of Sunshine                                                                                                                                                                                                                                                                                                .

 Coast Regional Council and any other authority which may have requirements under any
 relevant legislation. In particular, no reliance should be placed on the the information on this                                                       Sunshine Coast:
                                                                                                                                                                                      R.P.D
                                                                                                                                                                                                                             .a(.                                                  DEVELOPMENT                                                                                     )1’"                                                 PROJECT                                                                ..-:-
                                                                                                                                                                                                                                                                                                                                                                                                   .
                                                                                                                                                        13/6 Bottlebrush Avenue                                                                                                    SUMMARY
 plan for any financial dealings involving the land. This note is an integral part of this plan.                                                        P.O.Box 1684
                                                                                                                                                                                      Lot 1, 6 & 7 on SP120366
                                                                                                                                                        Noosa Heads OLD 4567
 Boundaries of Building Format Lots 1-3, 6-9 are the centreline of walls (not defined by                                                                Ph: 07 54555425                                                                                                                                                                                                                                                                 Proposed Additional Exclusive Use                                                Scale:             Date:
 dimensions) and have been plotted by scaling from SP120366 only.                                                       martoo                          Fax: 07 54555725              6-32 Hastings Street,
                                                                                                                                                                                      NOOSA HEADS
                                                                                                                                                                                                                                                                                                                                                                                                                                         Areas                                                                           1:200 (A3)         29/01/201

 Boundaries of existing exclusive use areas have been plotted from sketch plan "B" contained in                         consulting           _          Gymple:
                                                                                                                                                        38 Nash Street                                                                                                                                                                                                                                                                   Applicant:                                                                      Drawn By:
 the Community Managemant Statement for the "Laguna on Hastings Arcade" Community Titling                                                ply Itd        P.O. Box 391                  Local Authority:                                                                                                                                                                                                                                   Never Holdings Ply Ltd                                                          LM   -
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   MARTOO CONSULTING
 Scheme. As the dimensions on the sketch are related to building elements which have been                               town planners +                 Gympie OLD 4570               SUNSHINE COAST
                                                                                                                                                        Ph: 07 54827440
 altered this the sketch was prepared, the outline of the exclusive use areas is approximate only                       urban designers                                               REGIONAL COUNCIL                                                                                                                                                                                                                                   Detail:                                                                         Reference No.:             Sheet No.:
                                                                                                                                                        Fax: 07 54824952
                                                                                                                        +
                                                                                                                            surveyors                                                                                                                                                                                                                                                                                                   Proposal Plan                                                                    D-C01376-01-B              2 of 2

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