Minor Change Report 132001 210011 4 - [As Published] · 132001.210011.4

                                                     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.




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Document Set ID: 22386838
Version: 8, Version Date: 09/06/2023