2019-03-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                12 MARCH 2019


7 – Garden & Lifestyle Centre, Commercial Business Type 1 – Office, Industrial Business Type 2
– Production, Alteration, Repackaging and Repairing over 101 and 105 Eumundi Noosa Road.
The change was in response to a dilapidation report which revealed asbestos and that the
buildings were of poor condition. The change application proposed demolition of existing
commercial buildings and sheds and redevelopment of entire site.
On 5 October 2017, the application was amended in response to advice that the application was
not supported. The changed application referred to both 101 and 105 Eumundi Noosa Road and
removed reference to industrial uses and reconfiguration of a lot components.
On 21 December 2017, MCU16/0130 was approved for Material Change of Use of Premises -
Retail Business Type 6 (Hardware) & 7 (Garden & Lifestyle Centre) over 101 and 105 Eumundi
Noosa Road subject to conditions.
On 19 February 2018, representations were lodged requesting changes to the proposal plans
and conditions including operational aspects. Due to the extent of the changes proposed as part
of representations, the revised plans were not able to be considered however were noted as
being generally in accordance. It is noted that the Planning report only referred to 101 Eumundi
Noosa Road.
On 17 May 2018, Council issued a negotiated decision notice which supported a change to the
hours of operation, refused to delete the requirement for the coffee shop to be located wholly
within the building and deleted the condition relating to the provision of a Certificate of
Completion from Unitywater.
The pool shop building has now been demolished and planter boxes which were located at the
front of the site have been removed.

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 most applicable codes from the Noosa Plan include:
   Noosaville Locality Code;
   Business Uses Code;
   Landscaping code;
   Engineering Works Code.
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 building and
     uses are of a similar size to that approved and have been considered generally in
     accordance;
   the change does not include prohibited development;



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