Minor Change to Existing Approval Refusal - 51991.438.01 (As Published)

               2.     Removal of Condition 8 would likely result in increased noise, disturbance and anti-social
                      behaviour, causing adverse amenity impacts on surrounding premises and the Hastings
                      Street locality, contrary to:
                      a.      PO4, PO11 and PO13 of the Entertainment Activities Code requiring nightclub uses to
                              avoid noise and disturbance impacts and minimise adverse amenity effects; and
                      b.      Overall Outcome (2)(i) and PO21/PO22 of the Tourist Accommodation Zone Code
                              requiring development to maintain a high level of amenity and avoid unreasonable
                              impacts on surrounding premises.
               3.     Condition 8 provides a clear and enforceable mechanism for managing patron behaviour in
                      public areas external to the premises, consistent with PO11 of the Entertainment Activities
                      Code, which requires operational measures (including crowd control and management) to
                      minimise impacts.
               4.     Evidence indicates that late-night patron-related incidents persist, particularly between
                      midnight and 4:00 am, and would likely intensify if the condition were removed, contrary to
                      PO2 and PO11 of the Entertainment Activities Code, which require uses to be of an
                      appropriate intensity and effectively managed to avoid adverse impacts.
               5.     The applicant has not demonstrated that alternative measures would provide an equivalent
                      or enforceable level of impact management or achieve the approved amenity outcomes, as
                      required to meet PO11 and PO12 of the Entertainment Activities Code (management of
                      impacts and hours of operation).
               6.     The proposed change is contrary to the public interest, as it would increase reliance on
                      external agencies and diminish safety, amenity and public realm quality, inconsistent with:
                      a.      Overall Outcomes (2)(l), (u) and (z) of the Noosa Heads Local Plan Code, which require
                              a safe, vibrant, pedestrian-friendly environment with high amenity; and
                      b.      Entertainment Activities Code overall outcomes, which require a safe and secure
                              environment for patrons and the community.
               7.     The change is inconsistent with the planning scheme, including:
                      a.      PO2 and PO3 of the Tourist Accommodation Zone Code, requiring non-residential
                              uses to be compatible with and ancillary to accommodation and not compromise
                              amenity or the function of the zone;
                      b.      PO2, PO12 and PO14 of the Noosa Heads Local Plan Code, which require
                              development to contribute to local amenity, maintain Hastings Street as a high-amenity
                              visitor destination and reinforce its pedestrian-focused character; and
                      c.      PO2 and PO4 of the Entertainment Activities Code, requiring entertainment uses to be
                              compatible with locality character and avoid adverse impacts.
               8.     Removing Condition 8 would reduce the ability to manage off-site behavioural impacts,
                      increase the likelihood of disturbance incompatible with surrounding sensitive uses, and
                      contribute to cumulative late-night impacts, contrary to Overall Outcomes (2)(c) and PO2 of
                      the Entertainment Activities Code, which require consideration of cumulative impacts and
                      suitability of scale and intensity.
               9.     The change does not demonstrate compliance with Performance Outcomes requiring that:
                      a.      Uses coexist without adverse amenity impacts, contrary to Overall Outcome (2)(i) of
                              the Tourist Accommodation Zone Code; and
                      b.      Development contributes to and protects local amenity, contrary to PO2 and PO8 of
                              the Noosa Heads Local Plan Code.




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Document Set ID: 24824287
Version: 4, Version Date: 28/05/2026