2021-09-07 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 7 SEPTEMBER 2021




                            Figure 6 – View of subject site from James Street

3.   STATUTORY PROCESS
The applicant has requested a pre-request response to make a minor change to a development
approval under s78 of the Planning Act 2016. Under the Planning Act 2016 as there were
submissions to the original development application, the application for a minor change to the
development approval must be made to the P&E Court.
The submitters previously raised the following issues to the proposal:
    Front and side setbacks and potential for view loss
    Impact of noise from the restaurant
    Bulk of the development
    Earthworks and potential for ponding of water
    Planting of shrubbery should not impede views
An application for a minor change to a development approval can only be made in the 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 change would not result in substantially different development as the use remains the same
     as that approved and the scale and bulk of the development remains generally consistent with
     the current approval. There are no new uses proposed that would create different or additional
     impacts; 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 mattes prescribed by regulation; and
    the proposed changes do not vary the level of assessment;
4.   ASSESSMENT
The applicable planning instruments that Council must have regard to are:
      State Planning Regulatory Provisions;
      State Planning Policies; and
    Schedule to the Planning Scheme 1990, Strategic Plan 19972020 Noosa Plan.
Accordingly the primary issues which require consideration in the assessment of this application are
whether the proposal complies with the scheme’s streetscape, site cover, setback requirements,
protection of view lines and maintenance of sufficient landscaping.
In this regard, the following provisions in the Noosa Plan 2020 are relevant to the assessment of the
application:


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