51981.3345.01 & 51984.3154.01 Application For A Minor Change To Development Approvals For A Seafood Kiosk At 185 Weyba Road, Noosaville [As Published]

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                   10 SEPTEMBER 2024


                              must have assessed the application against, or had regard to, when the application
                              was made; or
                      (E)     public notification if public notification was not required for the development application.
               The proposed changes do not constitute a minor change to the development approvals as the
               proposal would result in a substantially different development to the approved seafood kiosk. The
               proposal is for a new use and will result in new impacts and increase the severity of known impacts.
               In this regard the following is noted:
               •   Under the 1973 Town Planning Scheme a kiosk was defined as a refreshment service and a
                   bakery was a separately defined use.
               •   Both developments approvals (TPC 1503 and TPC 1705) restricted the use of the kiosk to the
                   sale of takeaway seafoods only, with no on-site dining permitted.
               •   The site was zoned Residential A under the 1973 Town Planning Scheme and is zoned Medium
                   density residential under Noosa Plan 2020. Both planning schemes do not contemplate a
                   bakery establishing in these zones.
               •   The 1973 Town Planning Scheme identified that Service Shops (bakery) was a ‘purpose for
                   which buildings or other structures may not be erected or used or for which land may not be
                   used’ within the Residential A zone.
               •   Noosa Plan 2020 defines both a kiosk and bakery as a food and drink outlet, with a food and
                   drink outlet identified as an inconsistent use in the zone.
               •   While both uses are similarly defined as a food and drink outlet under Noosa Plan 2020, since
                   they both prepare and sell food and drink for consumption on or off the premises, the proposed
                   bakery is likely to raise additional impacts when considered in the context of the conditions of
                   the existing approval and the site’s location in a residential area.
               •   The existing takeaway seafood kiosk and proposed bakery have different operating times and
                   peaks, with the bakery proposed to open very early in the morning at 6am with a baker on site
                   at 4am, a second baker at 5am and 2 front of house staff commencing their shifts at 5.30am
                   and 6am.
               •   The proposal includes an expansion in use area compared to the takeaway seafood kiosk, with
                   provision proposed on site for table and chairs for up to 10 persons for consumption of food
                   and drinks. This on-site dining is likely to generate additional noise impacts and increase car
                   parking demands compared to the takeaway seafood kiosk.
               •   The proposed bakery is anticipated to have additional staff on site compared to the takeaway
                   seafood kiosk.
               •   Residents in the area are likely to raise valid objection to the proposed changes and ought to
                   be afforded an opportunity to make a submission.
               Subsequently, the proposed changes do not constitute a minor change as defined by the Planning
               Act 2016, as the proposed change would result in a substantially different development when
               considered in the context of the site’s location in a residential area.
               The applicant has been previously advised by Council officers that the proposed changes to the
               development approvals are not considered to constitute a minor change and should they wish to
               proceed with their proposal for the site, a new application for a Development Permit for Material
               Change of Use for a Food and drink outlet should be lodged. Notwithstanding this, the applicant
               has chosen to proceed with this minor change application.
               4.3. Statutory Instruments – Planning Scheme
               Existing Conditions
                   Condition 18 of TPC 1503


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Document Set ID: 23119253
Version: 13, Version Date: 26/08/2024