L02 Permissible change to NC REV · 51994.1349.01

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Figure 2 Site location



2. PREVIOUS APPROVALS OVER THE SITE

The original approval for the entire lot was issued June 1977 for Shops (5), Professional Office (real
estate) and Art Gallery under TPC 629. Since that time, a number of approvals have been granted
including:

         May 1979 – TPC 882 - Restaurant use in conjunction with Art Gallery.
         June 1994 - TPC 2673 – Restaurant and commercial premises (supper club and boutique bar)
            (Shop 6 subject lot)
         July 1993 – TPC 2528 - Extension to an outdoor dining area in conjunction with an existing shop
          (Shop 2)
         August 1994 – TPC 2696 – Restaurant and outdoor dining area (Shop 5)
         August 2013 – MCU13/0093 – Restaurant and outdoor dining (Shop 2 – Betty’s Burgers)
         August 2014 – MCU13/0093.01 - Minor change to Restaurant and outdoor dining (Shop 2 –
           Betty’s Burgers)
         November 2017 – TPC 2696 (51994.1353.01) - Alteration to conditions and plans (Shop 5 -
           Grill’d)

TPC 2673 is the approval most relevant to this current application with the approval not specifically
referencing approved plans for the use.


3.0 THE DEVELOPMENT APPLICATION

The applicant seeks Council approval to change TPC 2673 to enable the use a small portion of the lower
foyer area for a takeaway food servery/counter associated with the upstairs restaurant. Laguna Jacks
Steak House currently has a takeaway food menu that offers a range of takeaway items including salads,
burgers and steaks with patrons having to access the upstairs restaurant to collect their order. The
applicant seeks approval to install a downstairs servery to provide a more efficient and accessible pick up
area for customers and reduce foot traffic to the upper level. The proposed servery includes a
refrigerated cabinet and ‘Dorner Spiral Shute’ on the side wall for food delivery from the upstairs kitchen.

As detailed above, all food is to be prepared upstairs with the servery used for the pick up of takeaway
food only. No food or drinks will be served in the foyer area and no seats provided to ensure the
remaining foyer area is open for patrons to access the upper restaurant.

The servery will operate at the same times as the upstairs restaurant and will be manned by one staff
member as required.

Proposal plans prepared are included in Appendix A and B.

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4. PERMISSIBLE CHANGE TO A DEVELOPMENT APPROVAL

An assessment of the proposed changes against the provisions of the Planning Act 2019 relating to what
defines a minor change is detailed below. The Planning Act 2016 states that a minor change:

        b) for a development approval, is a change to the approval that —
          (i) would not result in a substantially different development; and
         (ii) if a development application for the development, including the change, were made when the
         change application is made would not cause—
                 (A) the inclusion of prohibited development in the application; or
                 (B) referral to a referral agency, other than to the chief executive, if there were no referral
                 agencies for the development application; or
                 (C) referral to extra referral agencies, other than to the chief executive; or
                 (D) a referral agency, in assessing the application under section 55(2), to assess the
                 application against, or have regard to, a matter, other than a matter the referral agency must
                 have assessed the application against, or had regard to, when the application was made; or
                 (E) public notification if public notification was not required for the development application.

The proposed changes are considered to constitute a minor change as per the Planning Act as detailed
below:

             The proposed changes to the use will not result in substantially different development as
                detailed in 4.1 below
             If the application including the proposed changes were remade it would not:
                     - Include prohibited development
                     - Require referral to any referral agencies or additional referral agencies
                     - Do not vary the level of assessment

4.1. Assessment of Substantially Different Development

The Development Assessment Rules provide guidance on determing whether a proposed change to a
development approval results in substantially different development. The proposed changes have been
reviewed against this criteria with the changes not considered to be a substantially different development
as detailed below:

                     (a) involves a new use;

                      No new use proposed. Servery relates to operation of restaurant.

                     (b) results in the application applying to a new parcel of land;

                      No new parcel of land to be utilised.

                     (c) dramatically changes the built form in terms of scale, bulk and appearance;

                      No dramatic changes to the built form. Change relates to the installation of a new servery
                      and internal fit out at ground level.

                     (d) changes the ability of the proposed development to operate as intended;

                      No changes in the ability of the proposed development to operate as intended. Existing
                      restaurant and access retained.

                     (e) removes a component that is integral to the operation of the development;

                      Does not remove a component that is integral to the operation of the development.

                     (f) significantly impacts on traffic flow and the transport network, such as increasing traffic
                       to the site;

                      Does not significantly impact on traffic flow and the transport network. Existing restaurant
                      currently sells takeaway food and the servery allows for a more efficient pick up location.

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                  (g) introduces new impacts or increase the severity of known impacts;

The proposed change to the existing approval are considered to meet the requirements detailed under
the Planning Act and the Development Assessment Rules for a Minor Change and will not result in a
substantially development.


5. ASSESSMENT

The site is included in the Noosa Heads Locality which provides a Visitor Mixed Use zoning over the
property. The proposal has been reviewed against the provisions of the Noosa Plan and is considered to
generally fulfill the provisions of the planning scheme.

The proposed servery does not increase site cover, gross floor area or affect landscaped open space
requirements as it is located within the existing building.

The Noosa Plan details that carparking is provided at the following rates for Entertainment and Dining
Business Type 1 Food & Beverages:




No carparking is applicable to the changes application as the servery and refrigerated cabinets would be
classed as a kitchen and food storage area which is not assessable for carparking. It is noted that the
foyer and entrance area are to remain for access and the servery providing a more efficient location for
takeaway food pick up.

The proposed changes to provide for a takeaway food servery as part of the existing restaurant at Noosa
Heads are considered to meet the test for a minor change as per the Planning Act and will not impact on
the surrounding area. The application is requested to be favourably considered.

If you have any queries in relation to the application please do not hesitate to contact me.



Yours faithfully,




Nadine Gorton
Senior Planner
martoo consulting pty. ltd

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_______________________________Appendix
Appendix A:    Proposal Plans

Separate attachment

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_______________________________Appendix
Appendix B:    Spiral Shute Information

Separate attachment