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Cover Letter - Minor Change Application

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Date: 19 September 24


The Chief Executive Officer
Noosa Shire Council,
PO BOX 141
Tewantin QLD 4565

Via Email ([email protected])

Dear Sir/Madam

RE:    Request for Minor Change to Development Approval (MCU22/0097) relating to a Development
       Permit for Material Change of Use - Food and Drink Outlet at 14-16 Reserve St Pomona Qld
       described as Lot 2 on SP115871

In accordance with section 78 of the Planning Act 2016, please find enclosed a request for a Minor Change
to the Development Approval (MCU22/0097) at the abovementioned property.

This request is made on behalf of Pomona Distilling Co, being the applicant for the original application.

In support of the application, please find enclosed:
     + Planning Act Form 5; and
     + Proposal Plans (Attachment 1);
     + Owners Consent Form (Attachment 2);

Payment of the minor change application fee will be made upon Council issuing the relevant Tax Invoice.

Background

The subject site is located at 14-16 Reserve Street, Pomona described as Lot 2 on SP115871. The site has a
has a 31.1m frontage to Reserve Street to the west and contains commercial shops/restaurants fronting
the street. Vehicular access is achieved via a 5.5m wide crossover to Reserve Street in the northwest corner
of the site and carparking is provided at the rear.

On 3 January 2023, Council issued an approval for a Development Permit for Material Change of Use –
Food and Drink Outlet (MCU22/0097). The approved building has a Gross Floor Area (GFA) of 129m2 and
incorporates a 45m2 deck that will be used for outdoor dining purposes. A 130.5m2 area was also approved
at the rear building for outdoor dining. A total of 20 car parking spaces have identified onsite to cater for the
proposed use and commercial shops fronting Reserve Street.
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Page 2

BRENNAN PLANNING

 

   

W959 a Na7m

     

ea |
ICOUNCIL ANNOTATION

The highlighted area is not
lapproved as a use area in
Iconjunction with the
idevelopment permit i.e., no
loutdoor dining.

3 JANUARY 2023

 

CARPARK
1:20

Figure 2- Approved Site Plan

Page 3

Figure 3– Approved North Elevation


The Proposal
The proposed application seeks an approval to make minor changes to the existing approval by changing
the design of the building to a barn style design with gable ends. The building will provide an improved layout
for customer service, better weather protection, as well as being sympathetic to the traditional character of
Pomona. Table 1 below provides a summary of the resulting key parameters/changes:

 Criteria                                  Current Approval                  Proposed Change
 Building Height                           Single storey and 4.2m            Single storey and 6.7m
 Gross Floor Area                          129m2 + 45m2 Deck                 233.8m2
 Total use area and outdoor business       175m2                             175m2
 area, excluding kitchen and food
 storage areas
 Carparking                                20 including 2 PWD spaces         20 including 2 PWD spaces
 Landscaping                               413.5m2 of soft landscaping       413.5m2 of soft landscaping

Figures 4 – 6 below illustrate the proposed site layout and, floor areas and building form to the street
frontages.




Figure 4 – Proposed Site Plan

Page 4

Figure 5 – Proposed Floor Plan




Figure 6 – Proposed North Elevations

Please refer to Attachment 1 - Proposal Plans for further details.

Changes to Plans/Conditions of Approval

As a result of approving the proposed changes, the following changes to the Approved Plans and
Conditions of the Development Approval would be required:

Condition 2

Condition 2 would need to be changed to reflect the updated list of approved plans, being:

Approved Plans
 Plan No.           Rev.         Plan/Document Name                                        Date
 1.2                -            Site Plan, prepared by Josh Walker Studio                 13.09.22
 1.3                -            Ground Floor, prepared by Josh Walker Studio              13.09.22
 3.1                -            Roof Main, prepared by Josh Walker Studio                 13.09.22
 4.1                -            North & East Elevations, prepared by Josh Walker Studio   13.09.22
 4.2                -            West & South Elevations, prepared by Josh Walker Studio   13.09.22

Page 5

Condition 7

It is requested that condition 7 be amended as follows to reflect to change in use areas:

7.   The total use area and outdoor business area, excluding kitchen and food storage areas outdoor
     dining area must not exceed 130 175m2, with the area shown at the rear of the site as ‘soft landscapes’
     not to be used for outdoor dining or a use area associated with the Food and Drink Outlet, unless
     otherwise approved by Council.

Statutory Process and Assessment Requirements

Change Application - Planning Act 2016

The proposed changes to the development approval, are considered to constitute a ‘minor change’ under
section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development in that
             o it does not involve a new use;
             o it does not result in the application applying to a new parcel of land;
             o it will not dramatically change the built form in terms of scale, bulk and appearance as the
                  proposal reflects a similar total footprint and use area and the building is located at the rear
                  of the premises and not highly visible from the street;
             o it will not change the ability of the proposed development to operate as intended;
             o it will not remove a component that is integral to the operation of the development;
             o it will not significantly impact on traffic flow and the transport network in that it involves the
                  same total use area and traffic demand, such as increasing traffic to the site;
             o it will not introduce new impacts or increase the severity of known impacts;
             o removes an incentive or offset component that would have balanced a negative impact of
                  the development; and
             o it will not impact on infrastructure provisions.
    + The change would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency;
    + There were no referral agencies involved with the original application; and
    + The proposed change would not require notification under the Noosa Plan 2020.

For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor change’ to
the approved development. On this basis, it is considered that the request should be dealt with pursuant to
provisions outlined within Section 81 of the Planning Act 2016.

Assessment Procedures

In accordance with Section 81 of the Planning Act 2016, in assessing the change application the assessment
manager must consider:

(2)(da) all matters the responsible entity would or may assess against or have regard to, if the change
application were a development application.

(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made.

(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in the
circumstances, to— (a) the statutory instrument or other document as in effect when the change application
was made;

Page 6

The original development application for the food and drink outlet was properly made on 3 June 2022 and
assessed against the Noosa Plan 2020 (Amendment 1 - 25 September 2020). No changes have been
made to the Noosa Plan since this date.

Assessment Benchmarks Related to the Planning Scheme

The site is a located within the Local Centre Zone under the Noosa Plan 2020 (the Noosa Plan). Pursuant to
Table 5.5.7 of the Noosa Plan, a Food and Drink Outlet is ‘code assessable’ and assessable against the
following codes:

+        Hinterland Villages Local Plan Code
+        Local Centre Zone Code
+        Business Activities Code
+        Works Codes

The proposed development remains generally compliant with the applicable assessment provisions under
the Noosa Plan 2020. An assessment against the key requirement contained within the Noosa Plan 2020 are
provided below:

    Criteria                    NP 2020                             Proposal                Complies

    Site Area                   -                                   1,782.45m²              NA
    Building height
                                2 storeys                           1 storey                ü
    •   storeys                 8 metres, or 9 metres for where     6.7metres               ü
    •   metres                  the pitched roof but no other
                                part of the building or structure
                                exceeds 8 metres for Pomona,
                                Cooran, Kin Kin and Boreen
                                Point.
    Plot Ratio                  1:1                                 0.28:1                  ü
    Setbacks

    • front                     0m                                  14.3m                   ü
    • side (north)              0m                                  18.5m                   ü
    • side (south)              0m                                  0.488                   ü
    Carparking                  20 spaces                           20 spaces               ü

    Landscaped open space       10% min                             23%                     ü


In summary, it has been demonstrated that the proposed changes appropriately comply with the relevant
benchmarks contained within the Noosa Plan 2020 and do not raise any significant issues.

Page 7

Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to the
requested minor change to a development approval. Should you have any questions in relation to the
proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected] sincerely,



Marcus Brennan
B. Urb. Reg. Plan.

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