2020-06-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    9 JUNE 2020


Subsequent changes have been approved to the original approval, including:
•    A Generally in Accordance letter was issued on 15 March 2017 approving a minor
     alteration to the roof design (slope) of the main building (MCU16/0084.01);
•    A Permissible Change to the development approval was approved on 5 May 2017, deleting
     conditions relating to stormwater treatment and targets which were incorrectly conditioned
     (MCU16/0084.02); and
•    A Minor Change to the development approval was approved on 24 October 2017, deleting
     a condition relating to the design of the canopy over the fuel dispensing area
     (MCU16/0084.03).
3.   ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
•    State Planning Policy;
•    South East Queensland Regional Plan;
•    Planning Regulation 2017;
•    The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
•    Noosaville Locality Code;
•    Business Uses Code;
•    Engineering Works Codes.
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in 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 development would not result in substantially different development as the addition of
     17.13m2 to the rear of the building within an existing roofed void area would not
     dramatically change the built form in terms of scale, bulk and appearance;
•    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 matters prescribed by regulation;
•    where the original application was code assessable, the change would not cause the
     application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
The subject site is located within the Industry Zone. An Entertainment & Dining Business - Type 1
- Food & Beverages use is an impact inconsistent use within this zone under the Noosa Plan.
Condition 2 and Condition 4
2.   Development undertaken in accordance with this approval must generally comply with the
     approved plans of development. The approved plans are listed in the following table unless
     otherwise amended by these conditions.



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