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


2.        APPLICATION BACKGROUND
•    It is noted that the applicant did not seek any advice from Council on the proposal, either via a
     Written Advice or a Prelodgement Meeting, prior to lodging the minor change application.
•    The minor change application was lodged on 9 June 2023.
•    A request for Further Advice was issued by Council on 5 July 2023.
•    A site meeting was attended by Council Officers with the consultant on 25 July 2023.
•    A response to the Further Advice was received on 9 August 2023.
•    A second request for Further Advie was issued on 15 September 2023.
•    A response to the second Further Advice was received on 26 October 2023.
•    Discussions were held with the consultant following receipt of the second response where it
     was conveyed that Council was not supportive of the proposed minor change application.
•    The applicant provided further documentation on 25 January 2024 stating that they did not
     believe that an approval was required for the proposed minor change, as the proposal did not
     constitute a ‘material change of use’.
•    Council responded on 4 February 2024 confirming that an application is required, and that the
     proposal in fact did not constitute a minor change given the proposal results in a substantially
     different development to the approved use as the proposed changes would introduce new
     impacts and increase the severity of known impacts when considered in the context of the sites
     location in a residential area. It was recommended that the applicant withdraw the minor
     change application and submit a new Material Change of Use for a Food and drink outlet. It
     was also reiterated that the site is zoned Medium Density Residential and a Food & Drink Outlet
     is required to follow an impact assessment process and is identified as an inconsistent use in
     this zone.
•    The applicant requested a site meeting in May 2024. Council Officers attended the site on 21
     May 2024 to discuss the application with the applicant and consultant.
•    Council contacted the applicant on 30 May 2024 reiterating the advice provided on 4 February
     2024.
•    On 17 July 2024, the applicant contacted Council Officers and requested that Council finalise
     the assessment and that the matter be reported to Council for a decision to be made on the
     application.
3.        SITE BACKGROUND
•    An application for a shop was refused by Council in 1979.
•    Town Planning Consent (TPC 1503) for an extension to the existing dwelling house for the
     purpose of a kiosk for the vending of seafoods was approved on 18 November 1981. Condition
     18 of TPC 1503 requires:
     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.
•    Town Planning Consent (TPC 1705) for an alteration to the kiosk (installation of cooking
     equipment) was approved on 23 January 1985. Condition 6 of TPC 1705 requires:
     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.



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