Cover Letter - Minor Change Application

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;