Minor Change Report 132000.200272.3

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	External Consultant
C/- Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No.	132000.200272.3
Development Approval	Material Change of Use (Restaurant x 3) and Operational Works – (Landscaping, car parking and access, frontage works, stormwater disposal, sediment and erosion control
Applicant	Cammeray Investments Pty Ltd
Request Received On	17 August 2022
Report Reviewed By	Georgina Schramm 10.10.2022
Decision Due Date	21 September 2022

PROPERTY DETAILS
Property Address	48-54 Duke St Sunshine Beach Qld 4567
RP Description	Lot 366 SP137432
Land Area	1,214m2

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation Zone
Precinct	Not applicable
Local Area Plan	Coastal Communities Local Plan Code
Overlays	Not Applicable
Assessment Type	Minor Change to Development Approval
PROPOSAL
The applicant seeks approval to change to an existing development approval to amend condition 5 to include an additional plan (new building works proposed) set as part of the approval package.
The proposed works involved the removal of an existing PWD lift (constructed under PC17/0545) and the installation of a new DDA compliant ramp up to the existing decked area. The proposed works include the removal of 26m2 of deck to align with the new DDA compliant ramp access point.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Approved Site Plan

Figure 3 – Existing Deck vs Proposed Deck

Figure 4 – Proposed Ramp Elevations

Figure 5 – Proposed New Ramp Plan showing use areas
background
A development approval for a (Material Change of Use (Restaurant x 3) and Operational Works – (Landscaping, car parking and access, frontage works, stormwater disposal, sediment and erosion control) was issued on 5 October 2000.
On 7 February 2019, Council issued approval for Minor Change for a minor expansion of the rear courtyard area for dining purposes.
assessment
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.
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 works are limited to PWD access and does not significantly alter the built form or how the land use would operate;
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.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Tourist Accommodation Zone Code
Coastal Communities Local Plan Code;
Business Activities Code;
Works Codes.

Condition 5 – Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 0011.01A prepared by Stephen Kidd Design and dated June 2000 and as may be amended by these conditions and plan RG03, drawn by RG Strategic dated 04/09/2018.
Applicant’s Request
The applicant requests that the conditions be amended to include the proposal plan set.
Assessment of Request
The proposed ramp is required to comply with DDA requirements. The application does not propose any other works. The alterations proposed to the deck and installation of the ramp remains consistent with the existing approval in terms of building setbacks and presentation to the street.
It is recommended that a condition be included to ensure all handrails are transparent (to enhance visual appearance). It is also recommended that a condition be included to ensure all works are contained wholly within the lot boundary.
The applicant does not raise concern and is recommended for approval.
cONSULTATION
Referral Agencies
Not applicable
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. 132000.200272.3, to make a minor change to an existing approval for Material Change of Use (Restaurant x 3) and Operational Works – (Landscaping, car parking and access, frontage works, stormwater disposal, sediment and erosion control, situated at 48-54 Duke St Sunshine Beach Qld 4567 described as Lot 366 SP 137432, Council on 10 October 2022 decided to:
A.	Approve the change.
B.	Amend condition 5 to read as follows:
5. 	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 0011.01A prepared by Stephen Kidd Design and dated June 2000 and as may be amended by these conditions and plan:
RG03, drawn by RG Strategic dated 04/09/2018
WD202, WD203, WD204 drawn by Soul Space Building Design dated 25/08/2022
C.	Add additional conditions 13, 14 and 15 to read as follows:
13. 	The proposed new decking, PWD lift and pedestrian ramp must be contained wholly within the lot boundaries and is not permitted to encroach within the footpath/road reserve.
14.  All balustrading proposed for the deck and ramp must be transparent (i.e. glass).
15.  The outdoor dining area located on the new deck must not be enclosed, roofed or the like.

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