Council archive · source document
Minor Change Report 132001 210011 4 - [As Published] · 132001.210011.4
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Tara Norley
Development Assessment
APPLICATION DETAILS
Application No. 132001.210011.4
Development Approval Material Change of Use for Multiple Dwelling (20 Units), Shops,
Medical Centre, Service Shops, Professional Offices,
Commercial Services, Commercial Premises & Restaurants
Applicant FORTIFIED INVESTMENTS PTY LTD
Request Received On 19 April 2023
Report Reviewed By Nadine Gorton 06.06.2023
Decision Due Date 19 May 2023
PROPERTY DETAILS
Property Address Colonial Commercial
239-245 & 6/239-245 Gympie Tce, Noosaville
RP Description Lot 0 SP 158841 and Lot 6 SP 158841
Land Area Lot 6 – 101m2
Existing Use of Land Shops, Medical Centre, Service Shops, Professional Offices,
Commercial Services, Commercial Premises & Restaurants
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation Zone
Precinct Not applicable
Local Area Plan Noosaville
Overlays Land Subject to Acid Sulfate Soils
Assessment Type Minor Change to Development Approval
Page 1 of 9
Document Set ID: 22386838
Version: 8, Version Date: 09/06/2023
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 8 pages
Page 2
1. PROPOSAL
The applicant seeks approval to change an existing development approval to include a Food and
Drink Outlet use on Lot 6, whilst retaining the existing Shop use approval. The application also
seeks to include 2m² of outdoor dining in front of the tenancy, within the terrace area. There is no
proposed change to the built form of the tenancy. The applicant states the development includes
the following characteristics:
• Use area for indoor dining – 58.8m²
• Use area for outdoor dining – 2m2
• Kitchen, bar and cool room areas – 42.2m²
• Total use area for car parking calculations – 60.8m2
• No change to the total gross floor area – 103m²
The subject site is located in the north eastern corner of the Colonial Commercial development
(refer to Figure 1). The locality and proposal plan are included below.
Figure 1 – Locality
Page 2 of 9
Document Set ID: 22386838
Version: 8, Version Date: 09/06/2023
Page 3
Figure 2 – Subject Site
Figure 3 – Floor Plan
Page 3 of 9
Document Set ID: 22386838
Version: 8, Version Date: 09/06/2023
Page 4
Figure 4 – Subject Tenancy
2. BACKGROUND
• A Development Permit for a Material Change of Use of Premises (Multiple Dwelling (20 Units),
Shops, Medical Centre, Service Shops, Professional Offices, Commercial Services,
Commercial Premises & Restaurants) (132001.210011) was approved on 5 July 2001.
• A Minor Change to the original approval to delete one approved carparking space in order to
retain an existing Alexandra Plam tree on site was approved on 28 August 2002.
• On 16 February 2016 Council approved a change to Lot 4 from a Shop to a restaurant
(132001.210011.1)
• On 18 July 2022 Council approved a change to the existing approval to allow Lot 5 to operate
as either a Shop or a Food and Drink Outlet (132001.210011.3).
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
• The Noosa Plan 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 development
already incorporates restaurant uses (ie the development does not introduce a new use) and
there is no change to built form;
• 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.
Page 4 of 9
Document Set ID: 22386838
Version: 8, Version Date: 09/06/2023
Page 5
3.3. Statutory Instruments – Planning Scheme
The subject site was within the Commercial A zone under the 1990 Planning Scheme. A
Restaurant was permitted development subject to conditions within the Commercial Z zone and as
such was a consistent use. The subject site is included within the Tourist Accommodation zone
under Noosa Plan 2020. The proposal to utilise the existing tenancy interchangeably as either a
Shop or Food and Drink Outlet use generally demonstrates compliance with the current provisions
of Noosa Plan 2020, with both uses being consistent uses within this zone. Noosa Plan 2020
encourages outdoor dining along within the Tourist Accommodation zone along Gympie Terrace,
and it is considered proposal will be a positive contribution to Gympie Terrace.
Condition 63
63. The restaurants are limited to tenancies 1, 2, 3, 4 and 5, and shall not exceed a total
use area of 368.6m2 inclusive of the outdoor dining areas (total of 72m2). No other
tenancy shall be utilised as restaurant.
Applicant’s Request
The applicant has requested Condition 63 be changed to read:
Assessment of Request
The minor change request seeks to provide Lot 6 with the flexibility to operate as either a Shop or
a Food and Drink Outlet and provide an additional 2m2 of outdoor dining in front of the tenancy,
within the terrace area (refer to Figure 5). Both uses are consistent and encouraged in this location
under Noosa Plan 2020.
The applicant states the development includes the following characteristics:
• Use area for indoor dining – 58.8m²
• Use area for outdoor dining – 2m2
• Kitchen, bar and cool room areas – 42.2m²
• Total use area for car parking calculations – 60.8m2
• No change to the total gross floor area – 103m²
The locality and proposal plan are included below.
Figure 5: Approximate location of 2m2 outdoor dining area
Page 5 of 9
Document Set ID: 22386838
Version: 8, Version Date: 09/06/2023
Page 6
Car Parking
The original development approval included a total of 73 carparks for the whole of the development,
being 30 carparks for the multiple dwelling component of the development and 43 for the
commercial component. One carpark was deleted through a minor change approval in 2002 - it is
unclear from the planning report if this carpark was to be removed from the residential or
commercial carparking provision.
The 43 carparks approved under the original approval were to be shared across the 8 tenancies,
with a combined Gross Floor Area of 660m2. The planning report for 132001.210011.1 stated the
following in regard to carparking rates for the commercial component of the development:
It is noted that individual commercial tenancies are not allocated specific car parks within the
approved plan (see Figure 6) and that the tenancies share the 43 spaces between the 8 tenancies.
Figure 6 - Car Parking layout approved plan.
Based on the rate of 1 space per 15.3m2 under the original approval, the subject site (tenancy 6)
would have been allocated 6.5 carparks for the 101m2 tenancy.
Noosa Plan 2020’s carparking rate for a Food and Drink Outlet is one space per 20m² of use
area and outdoor business area, excluding kitchen and food storage areas. The Noosa Plan 2020
carparking rate is less than the previously approved rate of 1 space per 15.3m2 of use area under
the original approval, and as such the proposal would require a total of 5.05 spaces for the total
GFA, with 3.04 carparks required based on the ‘use area’ calculations provided by the applicant.
As such, the proposal to utilise tenancy 6 as a Shop (with already approved carparking of 6.5
spaces) or a Food and Drink Outlet (with a carparking requirement of 3.04 spaces) does not result
in any additional carparking required on site.
The proposal complies with all other provisions of Noosa Plan 2020 and as such a change to the
condition to permit Lot 6 to be used for a Food and Drink Outlet is included in the recommendation.
Page 6 of 9
Document Set ID: 22386838
Version: 8, Version Date: 09/06/2023
Page 7
Conditions 55, 68 and 77
55. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered 0089 SK02
Issue P3 & 0089 SK03 Issue P2, 0089 SK04, 0089 SK05 P1 and perspective submitted
5 June 2001 prepared by Greg Gibbs Architects and as may be amended by these
conditions.
68. The three areas of outdoor dining (28sqm, 15sqm & 24sqm) are to be clearly delineated
to ensure that no further areas are utilised for such a purpose. In this regard the outdoor
dining area for tenancy 1 is to be marked by a form of planters or the like and the
outdoor dining for tenancy 3 and 4 is to be marked by brass or similar indicators in
survey holes. The total number of tables and chairs permitted in the outdoor dining
area for tenancy 3 shall be 7 tables with a maximum of 4 chairs at each table.
77. The proposed outdoor dining area for the restaurant use of tenancy 4 is not to obstruct
pedestrian passage and access within common property.
Applicant’s Request
The applicant has not requested any changes to Conditions 55, 68 and 77.
Assessment
As the above conditions are concerned with outdoor dining, and the proposal includes outdoor
dining, it is considered necessary to update these conditions to include reference to the proposed
changes to Lot 6, including the provision of 2m2 of outdoor dining area. Accordingly, changes to
Conditions 55, 68 and 77 are included in the recommendation to include reference to Lot 6’s
outdoor dining area.
Conditions 78
78. Lot 5 (tenancy 5) is approved as:
a. Food and Drink outlet The food and drink outlet is in accordance with the
definition under the Noosa Plan 2020 and is limited to a total use areas as per
the approved plan including 50.6m2 including 5m2 to be used as outdoor dining.
or
b. A Shop with a gross floor area of 75m2 in accordance with the definition provided
in Noosa Plan 2016.
Applicant’s Request
The applicant has not requested any changes to Condition 78
Assessment
An administrative error has been noted in Condition 78b as part of the current assessment process,
whereby 78b incorrectly states ‘Noosa Plan 2016’ whereby it should read ‘Noosa Plan 2006’. A
change to condition to correct the error is therefore included in the recommendation.
Proposed Additional Condition 79 (proposed by the applicant)
Applicant’s Request
The applicant has proposed the following additional Condition 79 be included:
Page 7 of 9
Document Set ID: 22386838
Version: 8, Version Date: 09/06/2023
Page 8
Assessment of Request
The application seeks to utilise Lot 6 as either a Shop (existing approved use) or Food and Drink
Outlet (proposed additional use) and it is considered an additional condition is necessary to provide
clarification on the use entitlements and use areas (as per the approved plans) of Lot 6.
Accordingly, additional condition 79 as requested by the applicant is supported.
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 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132001.210011.4 to make a minor change to an existing approval
for a Development Permit for a Material Change of Use for Multiple Dwelling (20 Units), Shops,
Medical Centre, Service Shops, Professional Offices, Commercial Services, Commercial Premises
& Restaurants, situated at Colonial Commercial 239-245 and 6/239-245 Gympie Tce, Noosaville
described as Lot 0 SP 158841 and Lot 6 SP 158841, Council on 8 June 2023 decided to:
A. Approve the change.
B. Amend conditions 55, 63, 68, 77 and 78 to read as follows:
55. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered 0089 SK02
Issue P3 & 0089 SK03 Issue P2, 0089 SK04, 0089 SK05 P1 and perspective submitted
5 June 2001 prepared by Greg Gibbs Architects and as may be amended by these
conditions.
Plan No. Rev. Plan/Document Name Date
22122 A MCU Floor Plan, prepared by Icon Venues 14/07/22
(Tenancy 5)
202 SD1 Floor Plan, prepared by Hiller Design 19/04/223
Page 8 of 9
Document Set ID: 22386838
Version: 8, Version Date: 09/06/2023
Page 9
63. The restaurants are limited to tenancies 1, 2, 3, 4, 5 and 6, and shall not exceed a total
use area of 429.4m2 inclusive of the outdoor dining areas (total of 74m2). No other
tenancy shall be utilised as a restaurant.
68. The five areas of outdoor dining (28sqm, 15sqm, 24sqm, 5sqm & 2sqm) are to be
clearly delineated to ensure that no further areas are utilised for such a purpose. In this
regard the outdoor dining area for tenancy 1 is to be marked by a form of planters or
the like and the outdoor dining for tenancy 3, 4, 5 & 6 is to be marked by brass or similar
indicators in survey holes. The total number of tables and chairs permitted in the
outdoor dining area for tenancy 3 shall be 7 tables with a maximum of 4 chairs at each
table.
77. The proposed outdoor dining area for the restaurant use of tenancy 4, 5 & 6 is not to
obstruct pedestrian passage and access within common property.
78. Lot 5 (tenancy 5) is approved as:
a. A Food and Drink Outlet, in accordance with the definition under Noosa Plan
2020, and is limited to a total use areas as per the approved plan including
50.6m2 for indoor dining and 5m2 for outdoor dining.
or
b. A Shop with a gross floor area of 75m2 in accordance with the definition provided
in Noosa Plan 2006.
C. Include the following additional Condition 79:
Additional Condition – 8 June 2023
79. Lot 6 A (Tenancy 6) is approved as a:
a. A Food and Drink Outlet, in accordance with the definition under Noosa Plan
2020, and is limited to a total use area as per the approved plan, including 58.8m2
for indoor dining and 2m2 for outdoor dining.
or
b. A Shop with a gross floor area of 101m2 in accordance with the definition
provided in Noosa Plan 2006.
Page 9 of 9
Document Set ID: 22386838
Version: 8, Version Date: 09/06/2023
Used in these records
Minor Change Report 132001 210011 4 - [As Published].pdfRelated documentApplication case desk ↗
About this file
- File size
- 4.4 MB (large file)
- File type
No other editions are linked here.
Original file
Log in to download the original file
The download may take up to a minute.