MCU21/0104.01 Application For A Minor Change To A Development Approval For A Material Change Of Use Of Premises (Undefined Use – Motorcycle / Scooter Sales & Repair) – 16 Rene St, Noosaville · Attachment 2 - (MCU21 0104.01) - Planning Officer'S Report

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                        7 MAY 2024


therefore considered an unlawful use of the site. As such, MCU19/0080 for a Material Change of
Use - Ancillary Dwelling Unit (Caretakers) was refused under delegation on 30 April 2020.
Subsequently, MCU21/0104 was lodged for a Material Change of Use for Motorcycle/Scooter
Sales and Repair and Caretaker’s Accommodation on 11 June 2021. The proposal was presented
to Council at the General Committee on 13 December 2021, where the Planning Officer
recommended approval in part (the sales and repairs component) and part refusal (caretaker’s
accommodation component). Council voted unanimously in accordance with the Officer
recommendation. The applicant ‘stopped the current period’, which is provided for under the
Planning Act 2016, on 15 December 2021 before the application could be decided at the Ordinary
Meeting on 16 December 2021.
The applicant made a change to the application on 24 May 2022, removing the Caretaker’s
Accommodation use from the application. A development approval for a Material Change of Use
of Premises (Undefined Use – Motorcycle/Scooter Sales & Repair) was approved by Council on
16 June 2022 and issued on 20 June 2022.
3.   ASSESSMENT
3.1. 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;
•    The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
•    Medium Impact Industry Zone Code;
•    Noosaville Local Plan Code;
•    Business Activities Code;
•    Works codes.
3.2. 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’.
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 proposed
     changes do not alter the approved uses on site, with the proposed changes to the built form
     not considered to result in dramatic changes to the scale, bulk or appearance of the
     development;
•    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.
3.3. Statutory Instruments – Planning Scheme
The Planning Act 2016 requires minor change applications to be assessed against the planning
scheme in effect at the time of the original application, giving weight to the planning scheme in
effect at the time of the minor change application being lodged. Both the original and current minor
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