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Minor Change Report 51991.652.04 [As Published]
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Tara Norley
Development Assessment
APPLICATION DETAILS
Application No. 51991.652.04
Development Approval Town Planning Consent Permit (TPC 2409) for Shop and an
additional Multiple Dwelling Unit
Applicant Crane Investments Noosa Pty Ltd
Request Received On 28 March 2023
Report Reviewed By Patrick Murphy
Decision Due Date 28 April 2023
PROPERTY DETAILS
Property Address Hotel Laguna
6 & 180/6 Hastings St, Noosa Heads
RP Description Lot 0 BUP 3309 and Lot 30 BUP 12150
Land Area 2768m²
Existing Use of Land Multiple dwellings, restaurant and shop
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Hasting Street Mixed Use Precinct
Local Area Plan Noosa Heads
Overlays Acid Sulfate Soils
• 5m AHD or Below
Flood Hazard
• Flooding and Inundation Area
Assessment Type Minor Change to Town Planning Consent Permit
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1. PROPOSAL
The applicant seeks approval to change an existing development approval for a Town Planning
Consent Permit (TPC 2409) for Shop and an additional Multiple Dwelling Unit. The subject tenancy
is the 97m2 Lot 30 located in the north-eastern corner of the Hotel Laguna development (refer to
Figure 1).
The application has been lodged as a result of a Show Cause Notice issued by Council on 17
January 2023, as the development has not been constructed in accordance with development
approval 51991.652.03 (TPC2409). The proposal includes minor internal alterations to the upper
level floor layout of Lot 30 and the removal from the plans of a set of stairs to the rear of the
development, in accordance with the as constructed development.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
Figure 3 – Proposed Floor Plan (1) (ground floor)
Figure 4 – Proposed Floor Plan (2) (upper floor)
2. BACKGROUND
Most Relevant to this Application
• 51991.652 (TPC 2409) was approved on 26 February 1992 for a shop and an additional
dwelling (managers unit). The proposal included the construction of a new shop in the
north-eastern corner of the site (ie the current subject site – Lot 30 BUP 12150) and the
conversion of an existing room within the development to a unit for use by a caretaker
manager.
• 51991.652.02 was approved on 31 August 2018 to change the upper level to a dwelling and
the lower level shop to Entertainment and dining business type 1 – food and beverages.
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• 51991.652.03 (TPC2409) was approved on 17 March 2020 to change the existing
development approval to include an Entertainment and Dining Business type 1 – food and
beverage on the upper level. The approval allows for Lot 30 to utilise the upper level for
additional seating for the ground floor restaurant.
Other Approvals over the whole of the Site
• Original approval was for Multiple Dwellings, Restaurant and shop approved in 1977.
• TPC 1628 for additions and improvements to the restaurant (currently Miss Moneypenny’s)
and existing kitchen – approved with letter dated 4 May 1984.
• 51991.447 (TPC 2380) for restaurant/function room and restaurant – approved 3 December
1991 (drawing No. SK10, Amendment B)
• Approval to modify 51991.447 (00735 - continuation of TPC 2380) for an awning (roof) open
at sides, over existing outdoor dining area – dated 31 July 1997 (reference to Plan No. 1024/1
dated July 1997)
• 51996.2060 (07813 TC) for alterations to the outdoor dining area with additional roof area
for the restaurant – date of issues 23 March 1998 (reference to Plan No. 9545.03 drawn by
Stephen Kidd Design Pty Ltd dated May 1997, with an amendment to the width of the
proposed roof to 2.8m maximum)
• A change to 51901.3684.02 (TPC1628) for internal and external modifications to the
restaurant was approved on 5 October 2005.
• 51901.3684.03 (TPC1628) approved a redevelopment of the restaurant (currently Miss
Moneypenny’s) on 17 February 2012.
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; and
• The Noosa Plan 2020.
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 proposal is
not introducing a new use or proposing any changes to the built form of the existing
development;
• 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 following codes from the Noosa Plan 2020 are applicable to this development:
• Tourist Accommodation Zone Code;
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• Noosa Heads Local Plan Code;
• Business Uses Code;
• Works Codes.
A restaurant use was consistent in the High Density Residential zone under the superseded 1990
planning scheme in force at the time of the original approval. The original application required the
provision of 4 carparks for the shop use (including the use of the roof terrace) - the applicant at the
time paid contributions equivalent for 4 car parking spaces. An Entertainment and dining business
type 1 – food and beverages (now a Food and drink outlet) is also a consistent use under both The
Noosa Plan 2006 in the Visitor Mixed Use zone and Noosa Plan 2020 in the Tourist
Accommodation zone.
The proposal for minor internal alterations only does not affect the use, which complements the
surrounding uses and adds to the vibrant atmosphere and attractiveness of Hastings Street and
enhances visitor experiences, and therefore complies with the 2006 Noosa Heads Locality Code
and 2020 Noosa Heads Local Plan Code in that regard.
Approval Description
Town Planning Consent Permit (TPC 2409) for Shop and an additional Multiple Dwelling Unit
Applicant’s Request
The applicant has not requested any changes to the approval description.
Assessment
The previous change approval proposal (51991.652.03 – approved December 2019) included the
addition of an Entertainment and dining business type 1 – food and beverages as an approved
use. The new approved use was not included in the approval description on the previous Minor
Change approval issued. Therefore, an update to the approval description is included in the
recommendation to include an ‘Entertainment and dining business type 1 – food and beverages’
within the description.
Condition 19
19. 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
Option A - Entertainment and dining business type 1 – food and beverages on the
lower floor and dwelling unit on the upper floor
1.0 P3 Site Plan, prepared by Skale Building 22/8/18
Design
1.1 P3 Floor Plan: Ground Floor, prepared by 22/8/18
Skale Building Design
A.02 Master Plan, prepared by Zest Building Not provided
Design
1.2 P3 Floor Plan: Ground Floor, prepared by 22/8/18
Skale Building Design
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1.3 P3 Roof Plan, prepared by Skale Building 22/8/18
Design
2.1 P3 Northern Elevation & Eastern Elevation, 22/8/18
prepared by Skale Building Design
2.2 P3 Southern Elevation & Western Elevation, 22/8/18
prepared by Skale Building Design
3.1 P3 Section A, prepared by Skale Building 22/8/18
Design
Additional Plans 17 March 2020
Option B - Entertainment and dining business type 1 – food and beverages on both
the lower and upper floors.
Proposed Floor Plan, prepared by Unknown 17/03/2020
as annotated by Council
018891 A Minor change application – Extension to December
existing restaurant – additional upper level 2019
dining area, prepared by Unknown
Applicant’s Request
The applicant is seeking to change Condition 19 to be in accordance with the development as
constructed, noting ‘the stairs at the rear have not been constructed, the front awning, which was
previously a permanent, fixed structure, has been replaced with a retractable awning, there have
been a number of internal modifications to the restaurant area on Level 2 and a cool room has also
been constructed’. The applicant requests that the ‘Additional Plans 17 March 2020 – Option B’
section of the approval be amended to read as follows:
Assessment of Request
The proposal seeks to amend the existing approval plans in accordance with the as constructed
development, including the addition of a cool room, slight modifications to the internal floor layout
and the rear stairs being deleted from the plans (refer to Figures 5 & 6). It is noted that the stairs
to the rear of the development would be required for a residential use on the upper level under the
National Construction Code. The existing approved ‘Option A - Entertainment and dining business
type 1 – food and beverages on the lower floor and dwelling unit on the upper floor’ plans include
the stairs to the rear. The proposal was referred to Council’s Building team who have raised no
concerns with the proposed changes.
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Figure 5: Approved Plan 51991.652.03
Figure 6: Proposal Plan 51991.652.04 (as constructed)
The previous Minor Change application addressed carparking requirements. This current minor
change does not propose any increase to gross floor area (GFA) and as such no additional
carparking is required.
It is noted that Council’s Property Branch have confirmed that no further permits are required for
the retractable awning located within the road reserve.
A site inspection was carried out on 5 May 2023 which indicated the upper level of the building is
being utilised as a bar and dining area (refer to Figure 7) and that a cool room has been constructed
on the upper level (refer to Figure 8).
The proposed changes are minor internal changes only to reflect the development as constructed.
The request to amend the approved plans is therefore supported.
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Figure 7: Upstairs dining area
Figure 8: Cool room
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Property Officer, Property
5. 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.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 51991.652.04 to make a minor change to an existing approval for
Town Planning Consent Permit (TPC 2409) for Shop and an additional Multiple Dwelling Unit
situated at Hotel Laguna 6 & 180/6 Hastings St, Noosa Heads described as Lot 0 BUP 3309 and
Lot 30 BUP 12150, Council on 20 June 2023 decided to:
A. Approve the change.
B. Amend the approval description to read as follows:
Town Planning Consent Permit (TPC 2409) for a Shop and Entertainment and dining
business type 1 – food and beverages, and an additional Multiple Dwelling Unit
C. Amend condition 19 to read as follows:
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Additional Conditions – 14 September 2018 and as amended 20 June 2023
Approved Plans
19. 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
Option A - Entertainment and dining business type 1 – food and beverages on the
lower floor and dwelling unit on the upper floor
1.0 P3 Site Plan, prepared by Skale Building Design 22/8/18
1.1 P3 Floor Plan: Ground Floor, prepared by Skale 22/8/18
Building Design
A.02 Master Plan, prepared by Zest Building Design Not provided
1.2 P3 Floor Plan: Ground Floor, prepared by Skale 22/8/18
Building Design
1.3 P3 Roof Plan, prepared by Skale Building Design 22/8/18
2.1 P3 Northern Elevation & Eastern Elevation, 22/8/18
prepared by Skale Building Design
2.2 P3 Southern Elevation & Western Elevation, 22/8/18
prepared by Skale Building Design
3.1 P3 Section A, prepared by Skale Building Design 22/8/18
Option B - Entertainment and dining business type 1 – food and beverages on both
the lower and upper floors.
20184339 A Proposed Floor Plan (1) prepared by Crane 13/03/2023
Investments Noosa Pty Ltd
20184339 A Proposed Floor Plan (2) prepared by Crane 13/03/2023
Investments Noosa Pty Ltd
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