Minor Change Report 51901 4863 08 (As Published) · 51901.4863.08

                      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               The original application was lodged and assessed under the now superseded 1985 planning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


                                                                                                       Page 8 of 11

Document Set ID: 24003936
Version: 8, Version Date: 09/09/2025