Minor Change Report 51997.2302.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	51997.2302.01
Development Approval	Multiple Dwelling accommodation units, 4 shops, restaurant and ancillary facilities
Applicant	Goodger Holdings Pty Ltd
Request Received On	28 February 2019

PROPERTY DETAILS
Property Address	25 Hastings St Noosa Heads
RP Description	Lot 5 SP 133504
Existing Use of Land	Accommodation units, shops, restaurant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Visitor Mixed Use
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for a Material Change of Use (Multiple Dwelling accommodation units, shops and restaurant).  The change relates to the existing footprint of the restaurant. The applicant intends to replace the existing shade structure with a new similar structure. The proposal also recognises there has been an internal reconfiguration that results in a reduction of the indoor dining area of 37m2 and the outdoor dining space of 4m2 from what currently exists. Refer Table 1 and Figure 1.

Figure 1
background
A development approval for a Material Change of Use Multiple Dwelling (18 units) accommodation building (18 units), 4 shops, restaurant and ancillary facilities was originally approved 22 April 1998.  A change to that approval occurred 25 November 1998 and 8 July 1999. In 2001 an application to remove Condition 4 was refused by Council, as it was deemed that by permitting a permanent shade structure, the development would in effect by increasing the site cover and gross floor area. Since 2000, semi-permanent shade umbrella type structures joined together have been in place.
assessment
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:
Noosa Heads Locality Code

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 proposal is minor in nature;
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 mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The proposal seeks to replace the existing structure which has been in place since 2000 with a structure that is similar in nature and covers the same area. Both structures are lightweight and comply with the previous Planning Scheme as well as Noosa Plan.
Condition 4
The uncovered dining area on the northern side of the building must not be roofed or covered by any form of structure. (Umbrellas not exceeding a dimension of 3.0m are permitted).
Applicant’s Request
The applicant requests that Condition 4 be deleted or amended as follows:
The outdoor dining area is to be covered with a permanent lightweight shade structure.
The applicant requests the proposal be supported as outlined below:

Assessment of Request
The proposed shad structure is lower in height than what currently exists (300mm lower) and complements the character of the beachfront. It is similar to the structure that currently exists. Whereby, permitting a permanent shade structure, the development would in effect by increasing the site cover and gross floor area.
The proposed new structure is considered to be a semi-permanent structure and could technically contribute to additional site cover and gross floor area. Discussions with the Development Assessment Manager concluded that if the structure replacing the existing one is effectively like for like, this would be acceptable given the existing semi-permanent structure has been there for 19 years and is in need of a replacement.  Further, the amended plans indicate a reduction of use are of 41m2 (dining area). From the applicants perspective, the reduction of the dining area provides a more functional space for the restaurant owners.
Therefore it is agreed to delete Condition 4, and include a new condition that recognises the proposed structure as discussed below.

New Condition 51
Applicant’s Request
The applicant has submitted a plan of the new structures and requires the approval to reflect this.
Assessment of Request
The plans indicate a similar structure to what currently exists and is in keeping with the Noosa Heads character. The plans provided by the applicant are supported and are recommended to be endorsed as part of this approval.  Therefore it is proposed to include the plans in an approved plan table as new Condition 52.

draft planning scheme
The site is located in a Tourist Accommodation and within the Hastings Street Mixed Use Precinct.  The proposal is consistent with the draft Planning Scheme.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
RECOMMENDATION
With regard to Application No. 51997.2302.01, to make a minor change to an existing approval for Material Change of Use Multiple Dwelling (18 units) accommodation building (18 units), 4 shops, restaurant and ancillary facilities situated at 25 Hastings St Noosa Heads described as Lot 5 SP 133504, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 9 April 2019 decided to:
A.	Approve the change.
B.	Delete Condition 4.
C.	Include the following additional condition 52:
Approved Plans for new shade structure for restaurant
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.
Plan No.	Rev.	Plan/Document Name	Date
102	P3	Floor Plan (restaurant), drawn by Hiller Design	04/2019
C02111-1201	B	General Arrangement Cone Option, drawn by MakMax Australia	March 2019

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This application for a Minor Change to Development incorporating the deletion or amendment to
Condition 4 and change to the approved plans can be supported on a number of grounds which
include:

*] No additional outdoor dining area is being created through the provision of the lightweight
shade structure,

* The amended plans result in a 41m? reduction of dining area and thus a carparking credit of
2.4 spaces can be applied,

* | The proposal can be defined as a Minor Change to Approval in accordance with Schedule 2
of the Planning Act 2016,

* The minor changes are supported through the strategic intent prescribed within the Noosa
Plan 2006,

* | The proposed lightweight hade structure promotes subtropical design principles,

* The shade structure protects diners from the elements,

*] The shade structure does not present an appearance of excessive buk to adjacent
properties,

* The shade structure improves the existing structure and contributes positively to the local
skyline, and

*] The amended plans do not result in any changes to the existing landscaped areas.