51981.3345.01 & 51984.3154.01 APPPLICATION FOR A MINOR CHANGE TO DEVELOPMENT APPROVALS FOR A SEAFOOD KIOSK AT 185 WEYBA ROAD, NOOSAVILLE (Referred from Planning & Environment Committee dated 10 September 2024 - Item 5.2) · ATTACHMENT 1 - (51981.3345.01 & 51984.3154.01) - PLANNING OFFICER'S REPORT

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                10 SEPTEMBER 2024


position that the proposal would constitute substantially different development, and as such does
not satisfy the requirements of a minor change.
The applicant has been previously advised by Council officers that the proposed changes to the
development approvals are not considered to constitute a minor change and should they wish to
proceed with their proposal for the site, a new application for a Development Permit for Material
Change of Use for a Food and drink outlet should be lodged. Notwithstanding this, the applicant
has chosen to proceed with this minor change application.
4.3. Statutory Instruments – Planning Scheme
Existing Conditions
    Condition 18 of TPC 1503
    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.
    Condition 6 of TPC 1705
    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.
Applicant’s Request
The applicant has requested to amend Condition 18 of TPC 1503 and Condition 6 of TPC 1705 to
read as follows:




The applicant has provided the following commentary in support of the proposed changes:
•        On 18 November 1987 Council approved an extension to the existing dwelling house for the
         purposed of a kiosk for the vending of sea foods (TPC 1503). The 1973 Planning Scheme
         categorises a Kiosk under 'refreshment service'. At this time the kiosk was only able to trade
         fresh seafood.

•        On 23 January 1985 Council approved alterations to an existing seafood kiosk (installation
         of cooking equipment) (TPC 1705). This installation of cooking equipment permitted the kiosk
         to trade as a takeaway fish and shop selling both fresh and cooked seafood to the public.

•        On 16 August 1990 council resolved to register a Caterer's Shop (seafood kiosk) over the
         site, as an existing non-conforming use (NCU 23). The use was pursuant to and in
         accordance with conditions of TPC 1503 and 1705.
         The 1985 Planning Scheme defines a 'Catering Shop' as-


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