Minor Change Letter · 51995.1645.01

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   •        Replacement of the existing awning over the entry to the gaming room which partly
            overhangs the footpath. The awning will continue to provide weather protection and a
            defined entry point to this part of the building from Noosa Drive. As the proposed
            awning is lower and has a flatter profile than the existing, a new aluminium screen is
            proposed above the awning to provide privacy to the outdoor terrace above.

   •    The removal of the large existing awning adjacent to the entrance to the Sports Bar
        from Noosa Drive which overhangs the footpath. The associated works also introduce
        new windows in this location to provide more natural light to the Sports Bar. A new,
        smaller, awing is proposed above the windows to provide shade. As the proposed
        awning is much smaller and lower than the existing, new screening is proposed above
        it which continues into the site, along the side of the building. This change will help
        screen the roof area from the street which will become visible with the removal of the
        awning.

   •    The replacement of the existing awning and shade in front of the entrance to the Sports
        Bar, which is set back from Noosa Drive. The proposed awning will continue to extend
        over part of the outdoor area outside the Sports Bar. Other improvement works in this
        area include the replacement of the picket fence, extending the picket fence into the
        site to provide better definition to the outdoor area, provide additional privacy screening
        within this area, resurfacing of the area with tiles and a widening of an existing door to
        the Sports Bar to improve circulation between the indoor and outdoor areas.

PROPOSED AMENDEMENTS TO DECISION NOTICE

To formalise the proposed changes to the building, it is requested that the list of approved
drawings be amended to include the following Proposal Plans:

                           Drawing Title                 Drawing    Issue       Date
                                                           No.
               Proposed Site Plan                        A100.00    D        May 2025
               Proposed Lower Ground Floor Plan          A100.01    D        May 2025
               Proposed Upper Ground Floor Plan          A100.02    D        May 2025
               Existing Level 1 Floor Plan               A100.03    D        May 2025
               Existing West Elevation                   A100.04    D        May 2025
               Proposed West Elevation                   A100.05    A        May 2025

MINOR CHANGE

The Planning Act 2016 defines a minor change as:

A minor change, for a development approval, is a change to the approval that —

       i.      would not result in a substantially different development; and

            In this respect, the DA Rules state that “In determining whether the proposed change
            would result in substantially different development, the assessment manager or referral
            agency must consider the individual circumstances of the development, in the context
            of the change proposed”.

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The DA Rule also includes the following tests to help determine if a change would result
in substantially different development:

 Description / Provisions                  Comment / Response
 A change may be considered to result in a substantially different development if the
 proposed change:

 •   Involves a new use; or                  No new land use is proposed in this
                                             change application.

 •   Results in the application applying to No new land is included in             the
     a new parcel of land; or               development but this application.

 •   Dramatically changes the built form in Although the proposed works will have a
     terms of scale, bulk and appearance; minor impact on the appearance of the
     or                                     existing building, they will not have a
                                            significant impact on its scale, bulk and
                                            overall appearance.

 •   Changes the ability of the proposed No changes are made to the proposed
     development to operate as intended development that will impede its current
     (for example, reducing the size of a operation.
     retail complex may reduce the
     capacity of the complex to service the
     intended catchment); or

 •   Removes a component that is integral The proposed changes do not involve
     to the operation of the development; removal of any components of the
     or                                   development that are integral to its
                                          operation.

 •   Significantly impacts on traffic flow The proposed changes will not alter the
     and the transport network, such as amount of traffic generated by the
     increasing traffic to the site; or    approved development and as such, will
                                           have no impact on the external road
                                           network.

 •   Introduces new impacts or increases The proposed changes do not introduce
     the severity of known impacts; or   any new impacts, nor will they increase
                                         the severity of known impacts.

 •   Removes an incentive or offset No incentive, or offset components were
     component that would have balanced included in the original approval.
     the   negative   impact   of   the
     development; or

 •   Impacts on infrastructure provisions.   The amended development will not have
                                             any different impacts on infrastructure
                                             provisions.

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     ii.     if a development application for the development, including the change, were
             made when the change application is made would not cause—

           Description / Provisions                Comment / Response

           A. the   inclusion   of    prohibited Prohibited development is proposed in
              development in the application; or this change application.

           B. referral to a referral agency, other No referrals are triggered by the
              than to the chief executive, if there proposed works.
              were no referral agencies for the
              development application; or

           C. referral to extra referral agencies, As above.
              other than to the chief executive; or

           D. a referral agency to assess the As above
              application against, or have regard
              to,   matters     prescribed     by
              regulation under section 55(2),
              other than matters the referral
              agency must have assessed the
              application against, or have had
              regard to, when the application was
              made; or

           E. public     notification  if   public The proposed changes do not alter the
              notification was not required for the level of the assessment.
              development application.


Based on the assessment set out above, the proposed changes are consistent with the
definition of a minor change in the Planning Act 2016.

ASSESSMENT

Pursuant to Clause 81 (4) & (5) 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.

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; or
   (b)    if the statutory instrument or other document is amended or replaced after
          the change application is made but before it is decided—the amended or
          replacement instrument or document; or
   (c)    another statutory instrument—

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           (i)    that comes into effect after the change application is made but before
                  it is decided; and
           (ii)   that the responsible entity would have been required to consider if the
                  instrument had been in effect when the development application for
                  the development approval was properly made.

As outlined above, the proposed changes involve replacing three existing awnings. Two of the
new awnings, which face Noosa Drive, are smaller in size and will reduce the extent of
encroachment into the road reserve. Additional improvements include new screening for the
outdoor terrace and above the new awning, as well as minor works near the Sports Bar. These
enhancements are intended to improve both the functionality and appearance of the area.

Overall, the proposed changes will enhance the building’s appearance and strengthen its
contribution to the streetscapes of Noosa Drive and Hibiscus Avenue. As such, the amended
design is considered to remain consistent with the intent and conditions of the original
development approval. Furthermore, the proposed design aligns with the relevant outcomes
sought for the Tourist Accommodation Zone under the Noosa Plan 2020, for the following
reasons:

   •   The proposed changes will not alter the overall scale and bulk of the existing building
       and the impact that it currently has on the street.

   •   The changes will not have any adverse impacts on the surrounding premises in terms
       of privacy, views and access to sunlight.

   •   The proposed amendments will not affect any existing vegetation or landscaping on
       the site.

   •   The proposed works will not alter the existing setbacks of the building to the street.

For the reasons outlined above, it is considered that the proposed changes to the approved
building are in keeping with the original development approval and are consistent with the
outcomes sought by the current Noosa Plan and therefore warrant Council’s support.

CONCLUSIONS

This application seeks approval for minor changes to the approved plans for the existing Hotel
building at The Reef, Noosa, 37 – 49 Noosa Drive, Noosa Heads (also known as 19 Noosa
Drive), which is legally described as Lot 100 on SP147914. The proposed works, which are
part of a planned refurbishment of the Hotel, will improve its external appearance and the
contribution that it makes to the character of the local streetscapes.

The assessment set out above confirms that the proposed changes are consistent with the
definition of a minor change in the Planning Act 2016 and demonstrates that the amended
design outcome remains consistent with the original development approval and the current
outcomes sought by the Noosa Plan 2020.

For the reasons outlined above, we request that Council approved this minor change
application and amend the current development approval, 51995.1645 (TPC2856 and 00439)
to include the Proposal Plans in Attachment 1 as Approved Plans.

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Should you have any questions with respect to the above, please do not hesitate to contact
me direct.

Yours faithfully
PROJECT URBAN




Mick Sheppard
Director
Email: [email protected]