Minor Change Report 51994.1349.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Billy Glover
Development Assessment

APPLICATION DETAILS
Application No.	51994.1349.01
Development Approval	TPC 2673 (Restaurant & Commercial Premises)
Applicant	JJ Investments (Noosa) Pty Ltd
Request Received On	19 July 2019

PROPERTY DETAILS
Property Address	The Noosa Gallery 6/50 Hastings St Noosa Heads Qld 4567
RP Description	Lot 7 SP 148687
Land Area	Not applicable
Existing Use of Land	Restaurant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Visitor Mixed Use
Overlays	Natural Hazard (Flood & Acid Sulfate Soils)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks to change an existing development approval. The applicant submits the following:
The applicant seeks Council approval to change TPC 2673 to enable the use a small portion of the lower foyer area for a takeaway food servery/counter associated with the upstairs restaurant. Laguna Jacks Steak House currently has a takeaway food menu that offers a range of takeaway items including salads, burgers and steaks with patrons having to access the upstairs restaurant to collect their order. The applicant seeks approval to install a downstairs servery to provide a more efficient and accessible pick up area for customers and reduce foot traffic to the upper level. The proposed servery includes a refrigerated cabinet and ‘Dorner Spiral Shute’ on the side wall for food delivery from the upstairs kitchen.
As detailed above, all food is to be prepared upstairs with the servery used for the pick up of takeaway food only. No food or drinks will be served in the foyer area and no seats provided to ensure the remaining foyer area is open for patrons to access the upper restaurant.
The servery will operate at the same times as the upstairs restaurant and will be manned by one staff member as required.
background
A development approval for TPC 2673 Restaurant and commercial premises (supper club and boutique bar) was issued on 10 June 1994.
The original approval for the entire lot was issued June 1977 for Shops (5), Professional Office (real estate) and Art Gallery under TPC 629. Since that time a number of approvals have been granted including:
May 1979 – TPC 882 - restaurant use in conjunction with Art Gallery.
June 1994 - TPC 2673 – restaurant and commercial premises (supper club and boutique bar)
July 1993 – TPC 2528 - Extension to an outdoor dining area in conjunction with an existing shop (shop 2)
August 1994 – TPC 2696 – restaurant and outdoor dining area (shop 5)
August 2013 – MCU13/0093 – Restaurant and outdoor dining area (Shop 2 – Betty’s Burgers)
August 2014 – MCU13/0093.01 – Minor change to Restaurant and outdoor dining (Shop 2 – Betty’s Burgers)
November 2017 – TPC 2696 (51994.1353.01) – Modify layout and remove condition (Shop 5 Grill’d)
assessment
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;
The Noosa Plan.
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 proposed takeaway servery/counter is a minor extension of the existing use;
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 mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
With regard to the proposed changes, the planning scheme provisions in place at the time of the original development application are generally consistent with the current planning scheme provisions.
Carparking
The Driveways and Carparking Code Table 14-51 – Minimum vehicle parking requirements requires 1 space per 10m2, or part thereof, of use area and outdoor dining area (excluding kitchen and food storage area) on the property.
The proposed takeaway/servery counter comprises an area of 2.64m2 (figure 1).
Figure 1 – Proposed takeaway servery/counter
The relatively minor increase in use area is associated with the existing takeaway function of the existing restaurant use. The additional use area is for food storage and serving purposes, as such is excluded from requiring additional carparking as it forms part of the kitchen and food storage area of the tenancy, as per Table 14-51 of the code.
Furthermore, the existing takeaway service of the restaurant likely provides mostly for tourists and visitors in the area, staying at nearby visitor accommodation sites or visiting the surrounding retail outlets, beach and other services and attractions. The additional carparking demand generated by the increase in use area is considered null or if otherwise minor and inconsequential, however is excluded under the code nonetheless.
Infrastructure Charges
The ground floor area of the subject tenancy was approved as a common foyer, within the original approval. Subsequently, with regard to infrastructure charges, the proposed change to the development approval is subject to a charge. It is recommended the following advisory note is included within the decision notice:
Infrastructure Charges
This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
Nature and Extent of Approved Use
The following condition is recommended to clarify and ensure the nature and extent of the approved takeaway servery:
Nature and Extent of Approved Use
The takeaway servery on level 1 (ground floor) is approved for the sale and distribution of takeaway food only and must operate in conjunction with, and be ancillary to the upstairs restaurant use. No consumption of food and drink is permitted on level 1 (ground floor).
The proposed minor change does no conflict and/or require any amendments to the existing conditions.
draft planning scheme
With regard to the proposed changes, the draft planning scheme is generally consistent with the current planning scheme.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council specialists:
Nil
conclusion & reasons for decision
The restaurant is already providing a takeaway service, with the proposed takeaway servery/counter simply providing more convenient access for patrons to pick up takeaway orders from the restaurant. The servery/counter and associated spiral chute comprises a relatively small area of 2.64m2, within the existing ground floor foyer area. No issues are raised and the proposed change to the approval is recommended to be supported.
RECOMMENDATION
With regard to Application No. 51994.1349.01, to make a minor change to an existing approval TPC 2673 Restaurant and commercial premises (supper club and boutique bar) situated at The Noosa Gallery 6/50 Hastings St Noosa Heads Qld 4567 described as Lot 7 SP 148687, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 18 September 2019 decided to:
A.	Approve the change.
B.	Include the following additional conditions 11 and 12:
Additional Conditions – Takeaway Servery - 23 September 2019
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
-	-	Proposed Salad Bar Laguna Jacks – Level 1 Site Plan 2019 As annotated by Council	June 2019
-	-	Proposed Salad Bar Laguna Jacks – Level 1 Section and Floor Plan As annotated by Council	June 2019
Nature and Extent of Approved Use
The takeaway servery on level 1 (ground floor) is approved for the sale and distribution of takeaway food only and must operate in conjunction with, and be ancillary to the upstairs restaurant use. No consumption of food and drink is permitted on level 1 (ground floor).
C. 	Include the following advisory note:
Infrastructure Charges
This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.

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