Minor Change Report 131999.982996.2

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Coordinator Planning, Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	131999.982996.2
Development Approval	Development Permit for Material Change of Use – Shop (fruit cart)
Applicant	Belmondos Pty Ltd
Request Received On	20 August 2020

PROPERTY DETAILS
Property Address	Ocean Breeze 52 Hastings St Noosa Heads Qld 4567
RP Description	BUP 4745
Land Area	No Land Area details available
Existing Use of Land	Retail sales associated with fruit cart and surfboard hire

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Tourist Accommodation Zone – Hastings Street Mixed Use Precinct
Overlays	Land Subject to Acid Sulfate Soils Overlay Bushfire Hazard Overlay Flood Hazard Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval by amending the approved plans and condition 10. The amended plan proposes a changed internal layout to accommodate a new food service area. Condition 10 currently reads:
10. 	Approval is only granted for the sale of fresh produce, coffee, arts and crafts, and the hire and sale of surfboards.
It is proposed to amend this condition to read:
Approval is only granted for the sale of fresh produce, coffee, arts and crafts, the hire and sale of surfboards and cooking and heating meals
The applicant advises that the proposed Minor Change is sought as to permit the Dog Shack to be able to prepare and serve hot dogs.
background
On the 2 March 2000, Council issued a negotiated decision notice for a Shop (fruit cart) within a 36m2 paved area with a shade structure supported by 3 metal posts (18247 DA). At the time, the assessment describes how the development falls under the definition of a shop, however is rather like a market in nature.
The assessment noted that the Ocean Breeze Resort includes a total of 97 car parking spaces to cater for the 64 units, 180m2 of shops and 218m2 of restaurant. At the time, it was considered that the site included a surplus of carparking spaces beyond the scheme requirement and subsequently it was determined that there was adequate carparking already existing on the site
On 12 February 2015 Council approved an amendment to the approval to accommodate a surf board hire business within the existing use area. This resulted in the addition of Condition 10.
The following images provide Locality Plan and plans of the application:

Figure 1: Locality Plan

Figure 2: Existing Floor Plan

Figure 3: Proposed Floor Plan

Figure 4: Proposed Floor Plan
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Tourist Accommodation Zone Code
Noosa Heads Local Plan Code
Business Activities Code
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 changes to built from relate to the internal layout and the core function associated with the approved use remains unchanged;
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
Condition 10
Approval is only granted for the sale of fresh produce, coffee, arts and crafts, and the hire and sale of surfboards.
Applicant’s Request
…..a minor change is proposed to the takeaway café formally known as Coconut Head. As a result of the impacts from COVID-19, Belmondo’s Pty Ltd have had to review their operation and adapt to the current market. The proposed Minor Change to the existing plans and conditions within the Change to Existing Approval 131999.982996 (18247 DA) is sought as to permit the Dog Shack to be able to prepare and serve hot dogs. The hot dogs will be prepared sous vide at Café Le Monde and cyro-vacuumed. At the stand, the hot dogs will be heated on an electric griddle and prepared for service.
An application to amend the Current Food Licence has been lodged to the Environmental Health Department at Noosa Council. The proposed Revised Floor Plan will require amendment to Condition 8 (Approved Plans) and Condition 10 (sale of fresh produce, coffee, arts and crafts and surfboard hire/sale)
Accordingly it is proposed to change condition 8 to read:
Approval is only granted for the sale of fresh produce, coffee, arts and crafts, the hire and sale of surfboards and cooking and heating meals
Assessment of Request
The proposed change to allow for the sale of cooked food from the premises generally raises no concerns. The proposal allows for the site to be used generally consistent with the existing approval and is consistent with the Purpose and Overall Outcomes of the Tourist Accommodation Zone (Hastings Street Mixed Use Precinct) as it maintains a dining/retail service which forms part of the vibrant and successful centre operated by a local business.
Furthermore the commercial operations are maintained within the existing building footprint with the changes being minor insofar as they relate to the repositioning of the cart, which is slightly larger than the existing cart although located further back from the front boundary than the approved coffee serving area. It is noted that patron overflow associated with food premises within Hastings Street and Noosa Drive can result in queueing on the street. As this is not desirable an additional condition is to be included requiring all operations and patron queueing to be contained within the land. The new serving area provides sufficient room within the site to allow for this to occur.
The new condition is to read as follows:
All operations and patron activity, including queueing, is to be contained within the subject site, with patrons to be managed at all times to prevent queuing on public land.
The proposed wording to condition 8 as proposed by the applicant is generally supported with the inclusion of words to allow for the sale of the hot food, the proposed wording provided by the applicant does not make reference to the sale of the food which is to be cooked and heated on site.
The change will also require amendment to condition 8 to reflect plans associated with the new internal layout.
cONSULTATION
Referral Agencies
Not applicable
conclusion & reasons for decision
The proposed minor change to allow for the heating and cooking of meals and associated sales does not raise concerns due to the consistency with the original approval and the Purpose and Overall Outcomes of the Tourist Accommodation Zone. An additional condition is to be included to ensure patron queueing is contained to the subject site.
RECOMMENDATION
With regard to Application No. 131999.982996.2, to make a minor change to an existing approval for Development Permit for Material Change of Use – Shop (fruit cart) situated at Ocean Breeze 52 Hastings St Noosa Heads Qld 4567 described as BUP 4745, Council on 15 September 2020 decided to:
A.	Approve the change and change the approval from ‘fruit cart’ to ‘cart’.
B.	Amend conditions 8 and 10 to read as follows:
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. The surf hire equipment shall be stored in the existing cart area.

Plan No.	Rev.	Plan/Document Name	Date
-	-	Proposed Floor Plan – Dog Shack (1 of 2)	Submitted 20/05/2020
-	-	Proposed Floor Plan – Dog Shack (2 of 2)	Submitted 20/05/2020

Approval is only granted for the sale of fresh produce, arts and crafts, the hire and sale of surfboards and the preparation and sale of food and drinks excluding liquor.

C.	Include the following additional conditions:
All operations and patron activity, including queueing, is to be contained within the subject site, with patrons to be managed at all times to prevent queuing on public land.

D.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016

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