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


               2.        APPLICATION BACKGROUND
               •    It is noted that the applicant did not seek any advice from Council on the proposal, either via a
                    Written Advice or a Prelodgement Meeting, prior to lodging the minor change application.
               •    The minor change application was lodged on 9 June 2023.
               •    A request for Further Advice was issued by Council on 5 July 2023.
               •    A site meeting was attended by Council Officers with the consultant on 25 July 2023.
               •    A response to the Further Advice was received on 9 August 2023.
               •    A second request for Further Advie was issued on 15 September 2023.
               •    A response to the second Further Advice was received on 26 October 2023.
               •    Discussions were held with the consultant following receipt of the second response where it
                    was conveyed that Council was not supportive of the proposed minor change application.
               •    The applicant provided further documentation on 25 January 2024 stating that they did not
                    believe that an approval was required for the proposed minor change, as the proposal did not
                    constitute a ‘material change of use’.
               •    Council responded on 4 February 2024 confirming that an application is required, and that the
                    proposal in fact did not constitute a minor change given the proposal results in a substantially
                    different development to the approved use as the proposed changes would introduce new
                    impacts and increase the severity of known impacts when considered in the context of the sites
                    location in a residential area. It was recommended that the applicant withdraw the minor
                    change application and submit a new Material Change of Use for a Food and drink outlet.
                    noting that the site is zoned Medium Density Residential and a Food & Drink Outlet is required
                    to follow an impact assessment process and is identified as inconsistent in the zone.
               •    The applicant requested a site meeting in May 2024. Council Officers attended the site on 21
                    May 2024 to discuss the application with the applicant and consultant.
               •    Council contacted the applicant on 30 May 2024 reiterating the advice provided on 4 February
                    2024.
               •    On 17 July 2024, the applicant contacted Council Officers and requested that Council finalise
                    the assessment and that the matter be reported to Council for Councillors to make a decision
                    on the application.
               3.        SITE BACKGROUND
               •    An application for a shop was refused by Council in 1979.
               •    Town Planning Consent (TPC 1503) for an extension to the existing dwelling house for the
                    purpose of a kiosk for the vending of seafoods was approved on 18 November 1981. Condition
                    18 of TPC 1503 requires:
                    18.       The approval given herein is for the vending of take-away sea foods and does not
                              permit the provision and serving of meals and refreshments for consumption on the
                              land/or premises.
               •    Town Planning Consent (TPC 1705) for an alteration to the kiosk (installation of cooking
                    equipment) was approved on 23 January 1985. Condition 6 of TPC 1705 requires:
                    6.              The approval granted permits the sale of takeaway seafoods only and no facilities
                              shall be provided for the consumption of any food on the premises by the general
                              public.
               •    Both TPC 1503 and TPC 1705 applications were lodged under the 1973 Town Planning
                    Scheme for the Shire of Noosa. Under this scheme a kiosk was defined as a refreshment
                    service and a bakery was a separately defined use being a service shop.
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Document Set ID: 23119253
Version: 13, Version Date: 26/08/2024