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MCU23/0090.02 - APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR MATERIAL CHANGE OF USE - HOTEL (EXTENSION TO EXISTING HOTEL) AND DBW23/0073.02 BUILDING WORK (DEMOLITION) AT 118 POINCIANA AVENUE AND 26 DIYAN STREET, TEWANTIN · ATTACHMENT 2 - (MCU23 0090.02 & DBW23 0073.02) - Coordinator Planning Report
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 NOVEMBER 2025 ATTACHMENT 2 – (MCU23/0090.02 & DBW23/0073.02) – COORDINATOR PLANNING REPORT REPORT 1. PROPOSAL The applicant seeks to change existing development approval MCU23/0090 for a Material Change of Use – Hotel (Extension to existing Hotel). The changes include: New outdoor play area within the northern beer garden extension. The outdoor play area is to comprise 78m2 and include a 5.65m high modular playground structure partially covered with a shade sail. Additional acoustic barriers to the upper level platforms are proposed; Adjustments to use area calculations to resolve minor discrepancies on the approved plans; Amendment to operational parameters and noise conditions; Removal of end of trip facility requirements for lockers, showers and change rooms; and, Removal of the condition limiting the number of on-site gaming machines. No Changes are proposed to DBW23/0073 which relates to demolition works. The locality plan and proposal plans are detailed below. Attachment 3 includes a full set of plans for review. Figure 1 – Locality Page 1 of 14
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 NOVEMBER 2025
Figure 2 – Site Plan
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 NOVEMBER 2025
Figure 3 – Elevations
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Figure 4 – View from northern boundary
2. APPLICATION BACKGROUND
On 20 March 2025, Council issued a development approval for a Material Change of Use – Hotel
(Extension to Existing Hotel) and a Development Permit for Building Works (Demolition) over the
subject site. The approved development involved extensive renovations to the Royal Mail Hotel,
incorporating both internal and external building works. Key components of the proposal included
the demolition of the existing drive-through bottle shop and amenities block to facilitate the
establishment of two new beer gardens located to the north and south of the existing hotel building.
The upper-level accommodation units were also proposed to be refurbished, with each unit
upgraded to include a private bathroom.
The application was subject to impact assessment with 41 properly made submissions received.
33 submissions were generally supportive of the proposal with 9 objections to the proposal.
Grounds of concern included parking impacts as well as noise and nuisance.
A number of conditions were imposed as part of the approval, including conditions relating to hours
of operation, annotation of plans to delete reference to a children’s play area marked over dining
areas and restriction on additional poker machines.
In July 2025, the applicant lodged an application for a minor change to the approval that sought
amendments to the existing approval including:
A 5.8m high outdoor play area and sails in the northern beer garden
amendments to gross floor areas
an updated Acoustic report and changes to noise conditions and hours of operation
removal of the condition limiting the number of on site gaming machines.
Council did not accept the application as the proposed works were not considered to constitute a
minor change as the applicant had not demonstrated that the proposed play area met the minor
change request (discussed later below) in terms of not introducing or increasing the severity of
known impacts.
In September 2025, the applicant submitted a revised application for a minor change to the existing
development approval. This application included a more detailed and comprehensive noise impact
report and is the subject of this report.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 NOVEMBER 2025
3. SITE DETAILS
3.1. Site History
The Royal Mail Hotel is identified in Council’s Heritage Register of the Noosa Plan 2020 as a Local
Heritage Place. This register is given effect under Part 11 of the Queensland Heritage Act 1992.
The Royal Mail Hotel was constructed from 1940-41 and replaced an earlier hotel on the same
site, which was a single storey timber building from the 1880s. With an ‘L’ shaped plan form and
of masonry construction, the new hotel was two storeys in height with bars and public areas on the
ground floor and accommodation rooms on the first floor, a typical arrangement for this building
type.
The original building has undergone some alterations and extensions since that time with the
applicant commencing work on the most recent approval including the demolition of the bottle shop,
renovation of the hotel and construction of the beer gardens.
3.2. Site Description
The site has a total area of 7,348m2 and comprises 2 lots including Lot 1 RP 845244 and Lot 3 RP
40197 with no easements registered over the lots.
The site is currently occupied by the Royal Mail Hotel and associated ground level parking areas.
3.3. Surrounding Land Uses
The subject site is, prominently located in the traditional town centre of Tewantin which includes a
wide range of business and community functions to service Tewantin and communities to the north
and west. Surrounding uses are varied and include:
North – the site fronts Blakesly Street. Across from Blakesly Street is a mix of residential units
and detached dwellings in the Medium Density Residential Zone. This includes ‘The Inlet’ and
‘Noosa River Quays’.
East – the site fronts Diyan Street. Across from Diyan Street is RSL Memorial Park in the
Recreation and Open Space Zone. The south-east corner of the site is adjoined by Parkyn’s
Hut Heritage and Historical Society, a small-scale information centre in the Community Facilities
Zone.
South – the site fronts Poinciana Avenue. Across from Poinciana Avenue is a mix of low-scale
retail and commercial uses in the District Centre Zone.
West – The site is adjoined by a mix of low-scale retail and commercial uses in the District
Centre Zone. This includes Woolworths, BWS and a mix of cafés.
4. ASSESSMENT
4.1. 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;
Superseded Noosa Plan 2020 (25 September 2020).
4.2. 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’.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 NOVEMBER 2025
A minor change means a change where:
the development would not result in substantially different development as the proposal does
not:
o involve a new use; or
o result in the application applying to a new parcel of land; or
o dramatically change the built form in terms of scale, bulk and appearance; or
o change the ability of the proposed development to operate as intended; or
o remove a component that is integral to the operation of the development; or
o significantly impact on traffic flow and the transport network, such as increasing traffic
to the site; or
o introduce new impacts or increase the severity of known impacts; or
o remove an incentive or offset component that would have balanced a negative impact
of the development; or
o impact on infrastructure provisions.
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.
The first change application submitted in July 2025 was not accepted by Council as a minor change
as the accompanying noise assessment failed to adequately demonstrate that the proposed
playground would not introduce new impacts or exacerbate existing ones. This was primarily due
to inaccuracies in the plans and supporting noise report.
The current change application (September 2025) provided a new noise report which was reviewed
by Councils external acoustic expert at lodgement and who advised that the revised noise report
and plans had been corrected. Councils’ acoustic consultant further reviewed the application and
advised:
The noise modelling of the minor change provides the predicted changes in noise levels at
surrounding residences and demonstrates that with the amended awning roof construction,
reductions in noise level would be achieved. With inclusion of the childrens play area and limiting
deck speakers to 73 dB(A) at 3 metres OR live performers via 2 speakers under the northern
awning roof (speakers facing south) at 78 dB(A) at 3 metres, the resultant overall change in noise
levels would be minimal and generally imperceptible.
On this basis, in considering the Minor Change Test and Substantially Different Development Test,
it is my opinion that the proposed minor change provided in the 23 September 2025 material would
maintain an acceptable level of acoustic amenity at surrounding residential receivers and are not
expected in increase the severity of approved noise impacts or introduce new noise impacts
beyond that already approved.
Statutory Instruments – Planning Scheme
The original application was lodged and assessed under the now superseded Noosa Plan 2020
(25 September 2020). Pursuant to s81 of the Planning Act 2017, Council must consider the
planning scheme in effect when the original development application was lodged, however Council
may give weight to Noosa Plan 2020 (26 September 2025) as the planning scheme in effect at the
time of the minor change application being lodged.
The subject site is located in Tewantin and is zoned District Centre under the superseded and
current Noosa Plan. Both schemes detail the proposed use as a consistent use within the zone.
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Amended Plans
The applicant seeks to amend condition 3 which relates to the approved plans to allow for:
an increase to the southern beer garden by an additional 46m2 as detailed in figure 5.
a playground in the north western corner of the northern beer garden with an area of 78m2
as detailed in figure 6.
Figure 5 – Proposed increase to southern beer garden
Figure 6 – Left:Approved Plans Right: Proposed plans
Southern Beer Garden
The proposed expansion of the southern outdoor beer garden is based on the applicant’s
interpretation that the upper-level hallways constitute a ‘common foyer’ and are therefore excluded
from the defined term ‘Use Area, which details car parking requirements for hotels.
While the applicant contends that these upper-level hallways meet the definition of a common
foyer, this interpretation is not supported. However, given that car parking for the accommodation
units has been assessed at a rate of one space per unit, it is considered reasonable to exclude the
upper-level hallway area from the Use Area calculation for the purpose of car parking.
The applicant’s request is supported.
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Playground
The applicant seeks to amend condition 3 (which details the list of approved plans for the site) to
provide for a playground in the north western corner of the beer garden with an area of 78m2.
The applicant submits that the hotel seeks to accommodate various demographics in the area and
that the playground is a key part of this offering. The applicant notes that nine submissions were
received in response to the original proposal and submits:
The development received 33 submissions of support from the community. These
submissions should be given equal weight to any objecting to the development, and are
considered representative of the broader community’s view on the development.
Acoustic reporting demonstrates compliance with the relevant noise criteria, inclusive of the
play area and children placed on various levels of the equipment.
A hotel has been in operation on the site since 1880, with the current hotel constructed in
1940.
The local community and adjoining residents would be aware of the hotel’s existence and
potential for increased activity.
The site is located within the Centre zone, which intends to provide for higher order
development and activity, and a community centre.
The hotel extension and outdoor play area are well within reasonable community
expectations for the development of the site and centre zoning.
Assessment of Request
Councils’ acoustic expert has reviewed the revised noise report and provided the following
comments:
The report is based upon computer noise modelling of the minor change. The assessment includes
amended construction of the awning roof over the northern part of the Northern Beer Garden where
the decision notice architectural plans proposed 0.8mm polycarbonate sheeting, whilst the minor
change proposal is for a 2.8mm thickness polycarbonate sheeting. This is significant in that the
minor change 2.8mm sheeting has a higher sound reduction of Rw 20 as compared to the approved
design of Rw11 ie an 11 dB increase in noise control.
The AE reporting noise modelling represented the approved acoustic barriers (not including the
1.2m barrier element to part of the eastern side of the northern beer garden) and the new children’s
play area/structure with acoustic barriers to elevated play platforms. Assessment of noise sources
included:
(i) Patrons
(ii) Children in the new outdoor play area and structure
(iii) Amplified music via
a. Deck level speakers; OR
b. Live performers with 2 only PA speakers under northern awning roof, with speakers
facing south.
The noise modelling of the minor change provides the predicted changes in noise levels at
surrounding residences and demonstrates that with the amended awning roof construction,
reductions in noise level would be achieved. With inclusion of the children’s play area and limiting
deck speakers to 73 dB(A) at 3 metres OR live performers via 2 speakers under the northern
awning roof (speakers facing south) at 78 dB(A) at 3 metres, the resultant overall change in noise
levels would be minimal and generally imperceptible.
As indicated above, Councils expert noise consultant is satisfied that the new playground will
comply with regulatory noise criteria and recommends changes to condition 23 to reflect the
provision of acoustic panels to the elevated play structure.
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The proposed playground also results in changes to the northern external wall of the beer garden.
As detailed in figures 6 and 7 below, the approved external wall to the northern carpark has been
increased from 3.6metres to 4.1metres with the playground and shade sails visible above the wall.
Figure 7 – Approved Northern Boundary Wall
Figure 8 – Proposed Northern Boundary Wall
The proposed wall and playground comply with height and setback requirements for the zone. The
area directly to the north of the wall include a 2.5metres wide landscape area that will partially
screen the height of the fence from the carparking and street.
The proposed changes are considered acceptable subject to conditions relating to noise.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 NOVEMBER 2025
Noise Conditions
The applicant proposes to amend several existing conditions relating to amplified and acoustic
sound to enable a live music performer to operate using a standalone PA system within the
northern beer garden.
The changes to the conditions ae supported by a revised Acoustic report prepared by Assured
Environmental. The applicant seeks to amend conditions as detailed in the table below:
Assessment of Request
Condition Approval Minor Change Request
22. Hours of operation Acoustic live music must not Remove reference to ‘Acoustic live
of beer gardens operate: music’ and replace with Amplified
After 9pm and before 10am
Sunday to Thursday
After 10pm and before 10am
Friday and Saturday
23 Acoustic Barriers 1.2 to 2.8 m high acoustic Removal of 1.2m high acoustic
barriers as per DMA barrier on eastern side of northern
Approved noise report beer garden, to reflect proposed
changes.
Include barriers to new play structure
elevated platforms.
26. Noise limits on live 70 dB(A) at 3m and all Increase level to 78 dB(A) at 3m from
performers in northern amplified music is to be 2 stand along PA speakers under
beer garden provided through a noise northern awning roof
limiting system.
Remove requirement for use of noise
limiting system for live performers
subject to compliance with a sound
level meter.
27. Amplified live music Amplified music must cease in Remove reference to Live music.
hours of operation in beer gardens at 7pm 7 days a
Remove limitation of hours of
beer gardens week
operation to reflect condition 22.
Allow amplified music to use
speakers.
28. Acoustic live music Noise level of 70 dB(A) at 3m Delete as acoustic live music
noise level terminology as noise levels will
control impacts
The request has been reviewed by Councils external Acoustic consultant who advised that the
revised noise report and changes to the approval conditions were generally acceptable in terms of
physical noise impact outcomes. Notably the request to remove the term ‘Acoustic Live Music’ was
considered appropriate as the regulatory noise criteria would be achieved whether the noise was
amplified or acoustic live.
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Councils’ consultant however did not support the request to remove the requirement for the noise
limiting device as this was considered integral to ensuring amplified sound remained within
acceptable levels.
Several changes to wording of the conditions are required to better reflect the extent of the changes
on the plans (acoustic panels for the playground) and the reference documents amended to
reference the new acoustic report.
End of Trip Facilities
The applicant requests deletion of condition 42(f) which requires end of trip facilities involving 7
lockers, two showers and change rooms and provides the following as justification:
They are unclear why the facilities were conditions when they were never imposed
The facilities impact on the floor plans and are not an efficient use of space
Queensland Development Code (QDC) MO4.1 is not applicable to class 6 buildings
The proposal complies with Performance Outcome 15 of the Driveways and Parking Code
as:
- EOT facilities could only be used by employees, as no hotel guests would reasonably
use these facilities.
- The current hotel does not provide EOT facilities. This is reflective of the nature of
the use being a hospitality venue, not an office building or large-scale medical or
educational facility that would generate significant staff numbers in an environment
that warrants use of an EOT facility.
- To condition these facilities based on an extension of the hotel is considered onerous.
As noted above, the current floor plan does not provide space for these facilities.
- The applicant is an experienced hotel operator, and it would be in the operator’s best
interest to provide these facilities should staff request and use them. However, this
is not the case. The primary operating hours of the hotel are within the evening when
it would not be safe to ride on the surrounding roads.
- The applicant’s building certifier has confirmed the EOT facilities are not required
under building regulations and they would not otherwise require these to be provided
at the building application stage.
- The applicant is not aware of any other licenced venues or hotels in the State that
provide stand alone EOT facilities.
Assessment of Request
The Noosa Plan details that end of trip facilities such as lockers, showers and change rooms trigger
when more than 5 bicycles are required, and it is noted that 14 bicycle spaces are required for the
development.
The request to delete the condition requires assessment against the following performance
outcomes.
PO6 Sufficient parking
a. is provided having regard to the specifics of the use including—
(i) the type and intensity of land use;
(ii) any existing parking available on the site; hours of operation;
(iii) likely numbers of users;
(iv) accessibility to the site by means other than private motor vehicle;
(v) the peak parking demand periods of uses on the site;
(vi) and the availability of alternative car parking; and
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 NOVEMBER 2025
b. is provided to accommodate the number and type of
vehicles and motorcycles likely to be generated by the development.
PO15 Site facilities encourage users and employees to access the site by means of foot or bicycle
through provision of appropriate end-of-trip facilities including bicycle parking and shower/change
rooms.
The applicant has not adequately demonstrated compliance with PO6, which requires the use to
consider accessibility by alternative transport modes. While the applicant notes that EOT facilities
are not required under building regulations, planning scheme provisions operate independently
and may require such facilities to meet performance outcomes. Further PO15 is intended to
encourage active transport for employees, and the absence of EOT facilities in the existing hotel
does not justify non-compliance in the proposed expansion. Staff may work across varied shifts,
and facilities such as a shower and secure locker may improve staff amenity and align with planning
scheme objectives.
The applicant’s request is not supported.
Gaming Machines
The applicant seeks deletion of Condition 52 which states:
52. The proposed development provides for a maximum 35 gaming machines across the entire
site and limited to the gaming area of 260m2.
The applicant submits:
The condition is not reasonable or relevant to Planning Scheme benchmarks.
Gaming regulation is not governed by Council’s Planning Scheme provisions, but rather by
state legislation with the Office of Liquor and Gaming Regulation (‘OSLR’), being the authority
to which the applicant will apply and report regarding all ongoing use and amendments to
the liquor and gaming offerings. This includes machine quantity, venue layouts, and
operations at the Royal Mail Hotel.
OLGR approvals and legislative conditions take precedence over Council in matters related
to venue licensing, gaming machine quantity, location, and operations of gaming rooms,
including community impact policies.
Assessment of Request
The Noosa Plan does not regulate or place limits on the number of gaming machines that may be
operated as part of a business or commercial use. The Office of Liquor and Gaming Regulation
(OLGR) currently regulates and controls gaming machines in clubs and hotels in Queensland
under the Gaming Machine Act 1991. The objective of the Act is to ensure that the community as
a whole benefits from gaming by ensuring the integrity and fairness of games, ensuring the probity
of operators and minimising the potential harm.
The State has developed a Queensland Responsible Gambling Code of Practice in May 2002
which is a voluntary code designed to promote harm minimisation through the use of responsible
gambling practices. Notwithstanding this, the continued increase in the number of gaming
machines raises some concerns at a local level as while it may provide entertainment that may be
harmless to some people it can also be a source of great distress for a significant minority.
Council does not currently have a policy position with regard to limiting any increase in poker
machines and gaming venues and the current Noosa Plan (26 September 2025) does not regulate
the number of gaming machines in any business.
It is recommended existing condition 25 be deleted.
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5. CONSULTATION
5.1. Referral Agencies
Not applicable
5.2. Internal Council Referrals
Not applicable
5.3. Other Referrals
The application was forwarded to the following external experts for review and/or comment:
MWA Environmental - Acoustics
6. HUMAN RIGHTS COMPATIBILITY STATEMENT
In developing this Report, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
does not conflict with any human rights and supports a human rights approach to decision making
by Council. Council representatives will endeavour to act and make decisions under this report in
a manner that is compatible with human rights. This report should be read in conjunction with
Council’s Human Rights Policy.
7. CONCLUSION & REASONS FOR DECISION
The proposed minor change to the Royal Mail Hotel development approval is generally supported
where it complies with the planning scheme and does not result in substantially different
development. The revised application includes updated plans and a comprehensive acoustic report
that demonstrate the proposed playground and changes to entertainment provisions will not
introduce new impacts or increase the severity of existing ones. Council’s external acoustic
consultant has confirmed that the amended (improved) awning roof acoustic construction and
acoustic barriers around the northern beer garden and elevated play structures will effectively
mitigate noise, ensuring that predicted sound levels remain within acceptable limits and the change
in noise will be generally imperceptible to surrounding residential areas.
The application also seeks amendments to noise conditions to allow for live performers and deck-
level speakers in the northern beer garden, with strict controls on sound levels and operating hours.
These changes are supported by acoustic modelling and are considered appropriate subject to
updated conditions, including retention of an electronic noise limiting system which applies to both
fixed speakers and the proposed live music PA speakers.
The request to remove end-of-trip facilities is not supported due to planning scheme objectives
promoting active transport however the deletion of the condition limiting gaming machines is
supported given regulation by the Office of Liquor and Gaming Regulation. Overall, the supported
changes are reasonable and maintain the amenity of the surrounding area.
The report is provided in accordance with Section 83(9) of the Planning Act 2016.
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Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director x Director Director
Strategic Land Use Planning x Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
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