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Minor Change Report 51901 4863 08 (As Published) · 51901.4863.08
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Tiani Bird
Development Assessment
APPLICATION DETAILS
Application No. 51901.4863.08
Development Approval MCU Approval for a Shops, Commercial Premises,
Professional Offices, Catering Shops, Caterer’s Room,
Surgery and Car Park (TPC 1816)
Applicant Addition Projects
Request Received On 30 July 2025
Report Reviewed By Nadine Gorton 09.09.2025
Decision Due Date 28 August 2025
PROPERTY DETAILS
Property Address Bay Village 8/18 Hastings St Noosa Heads Qld 4567
RP Description Lot 8 SP 140844
Land Area 5860.32m2
Existing Use of Land Food and drink outlet
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation Zone
Precinct Hasting Street Mixed Use Precinct
Local Area Plan Noosa Heads
Overlays • Acid Sulfate Soils Overlay
• Flood Hazard Overlay
• Landslide Hazard Overlay
Assessment Type Minor Change to Town Planning Consent Permit
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1. PROPOSAL
The applicant seeks approval to make a change to an existing Material Change of Use Approval
(Consent) TPC 1816 for 30 Shops, Commercial Premises, Professional Offices, Catering Shops,
Caterer’s Room, Surgery and Car Park. The subject site is known as “Bay Village”.
The existing tenancy has a total approved gross floor area of (GFA) of 11.72m2 and the proposal
seeks to alter the external appearance of the kiosk and the internal floor plan for the proposed food
and drink layout. The proposal seeks to change the approval by amending the list of approved
plans
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Floor Plan - Demolition
Figure 3 – Floor Plan Proposed
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Figure 4 – Elevations
Figure 5 – Elevations
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2. BACKGROUND
A development approval for a Town Planning Consent for Shops, Commercial Premises,
Professional Offices, Catering Shops, Caterer’s Room, Surgery and Car Park (TPC 1816) was
issued 15 July 1986.
4 June 2004, a change to the development approval was approved to change tenancy 7 from a
restaurant to a massage clinic.
17 November 2004, a change to the development approval was approved to include a storeroom.
22 September 2005, a change to the development approval was approved to allow a balcony
extension.
18 August 2015, a change to the development approval was approved to divide tenancy 18 (203m2)
into 2 tenancies.
2 August 2017, a generally in accordance request was approved with regard to built form to a kiosk
area.
4 July 2018, a change to the development approval was approved to change tenancy 30 for an
approved shop and salon use.
An extract of the approval plans applicable to the kiosk are included below:
Figure 6 – Approved Kiosk Floor Plan
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Figure 7 – Approved Kiosk 3D View
Figure 8 – Approved Kiosk 3D View
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Figure 8 – Approved Kiosk 3D View
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020 (25 September 2020).
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
• the development would not result in substantially different development as the proposal does
not:
o involve a new use; or
o result in the application applying to a new parcel of land; or
o dramatically change the built form in terms of scale, bulk and appearance; or
o change the ability of the proposed development to operate as intended; or
o remove a component that is integral to the operation of the development; or
o significantly impact on traffic flow and the transport network, such as increasing traffic
to the site; or
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o introduce new impacts or increase the severity of known impacts; or
o remove an incentive or offset component that would have balanced a negative impact
of the development; or
o impact on infrastructure provisions.
• the change does not include prohibited development;
• the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
• where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
The original application was lodged and assessed under the now superseded 1985 planning
scheme. Pursuant to s81 of the Planning Act 2017, Council must consider the planning scheme in
effect when the original development application was lodged, however Council may give weight to
Noosa Plan 2020 as the planning scheme in effect at the time of the minor change application
being lodged.
The following codes from Noosa Plan 2020 are applicable to this development:
• Tourist Accommodation Zone Code;
• Business Activities Code;
• Works Codes;
Existing Condition
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plan of development. The approved plan is titled and numbered Extract of
Approved Plan No. WD3/14 and dated July 2005 and as may be amended by these
conditions.
Applicant’s Request
The applicant has requested existing condition 1 be amended to include the proposal plans within
the list of approval plans. In support of the request, the applicant has provided the below:
“The proposed works retain the retail activity of the subject tenancy and represents ongoing
investment in the area with a high level of visual interest provided to the external façades. In
developing the design of the proposed shopfront, the designers have been considerate of the
existing uniform shopfronts of neighbouring sites. It is considered that the provision of high levels
of glazing that has been implemented is in keeping with the look of the modernised shopfronts and
contributes to high levels of casual surveillance and active street frontage outcomes. It is seen that
the proposed design facilitates a high level of pedestrian amenity and pedestrian convenience,
with the shopfront actively engaging with the established mall precinct.”
Assessment of Request
Agree
The proposal includes changes to the external appearance and internal floor plan of the kiosk and
does not result in an increase to the GFA. The kiosk provides a food and drink outlet that is
consistent with the existing footprint. Council records demonstrate the kiosk has historically
established a number of food and drink outlets over the subject site (PC17/1051, PC22/1360). The
original approval established the kiosk in accordance with the 1985 Planning Scheme “catering
shop” definition as outlined below:
“Any premises used or intended for use for the preparation by cooking or otherwise of light
refreshments, take-away meals or bread, cakes or pastry and the supply of such on sale to the
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public for consumption elsewhere or on the premises. The term does not include a caterer’s room
as separately defined but includes any premises included in Appendix II hereto:-
Appendix II
Café
Espresso Bar
Fast Food Store
Kiosk
Milk Bar
Snack Bar
Soft Drink Shop
Tea Garden
Tea Room.”
The use of the building has interchangeable use rights in accordance with the definition above.
The use of the building is not changing and does not include additional building elements which
will cause amenity impacts to surrounding development. The kiosk provides 50% transparent
glazing to shop fronts to create active building fronts. As the proposal does not result in additional
GFA, the kiosk does not require additional parking. The kiosk provides for a takeaway coffee shop
which will provide ‘grab and go’ food and drink items and will not increase existing noise, visual or
odour impacts.
The kiosk is located within the established Bay Village shopping centre and compliments the
existing business activities provided within the centre.
Recommendation
It is recommended a new set of Conditions 1, 2, and 3 be imposed as detailed below:
Change to approval - 29 August 2025 for Tenancy 8
Approved Plans
1. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
5/22 B Floor Plan – Proposed, prepared by 25/08/2025
Reitsma
Annotated by Council
6/22 B Dimension Plan, prepared by Reitsma 25/08/2025
Annotated by Council
7/22 B Elevations 1 & 2, prepared by Reitsma 25/08/2025
Annotated by Council
8/22 B Elevations 3 & 4, prepared by Reitsma 25/08/2025
Annotated by Council
15/22 B Roof Layout, prepared by Reitsma 25/08/2025
Annotated by Council
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18/22 B Perspective Views 01-04, prepared by 25/08/2025
Reitsma
Annotated by Council
Building Appearance
2. The subject tenancy must provide at least 50% transparent glazing to shop fronts to
create active building fronts.
Outdoor Dining Areas
3. Tenancy 8 does not include any approved designated outdoor dining areas.
4. CONSULTATION
4.1. Referral Agencies
Not applicable.
4.2. Internal Council Referrals
Not applicable.
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 83(9) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 51901.4863.08 to make a minor change to an existing approval for
Town Planning Consent - 30 Shops, Commercial Premises, Professional Offices, Catering Shops,
Caterer’s Rooms, Surgery and Associated Car Park situated at Bay Village 8/18 Hastings St Noosa
Heads Qld 4567 and described as Lot 8 SP 140844, Council on 9 September 2025 decided to:
A. Approve the change.
B. Include the following additional conditions:
Change to approval - 9 September 2025 for Tenancy 8
Approved Plans
1. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
5/22 B Floor Plan – Proposed, prepared by 25/08/2025
Reitsma
Annotated by Council
6/22 B Dimension Plan, prepared by Reitsma 25/08/2025
Annotated by Council
7/22 B Elevations 1 & 2, prepared by Reitsma 25/08/2025
Annotated by Council
8/22 B Elevations 3 & 4, prepared by Reitsma 25/08/2025
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Annotated by Council
15/22 B Roof Layout, prepared by Reitsma 25/08/2025
Annotated by Council
18/22 B Perspective Views 01-04, prepared by 25/08/2025
Reitsma
Annotated by Council
Building Appearance
2. The subject tenancy must provide at least 50% transparent glazing to shop fronts to create
active building fronts.
Outdoor Dining Areas
3. Tenancy 8 does not include any approved designated outdoor dining areas.
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