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Minor Change Report 51991.652.04 [As Published]

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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;

                                                                                                     Page 4 of 9

Document Set ID: 22408127
Version: 10, Version Date: 27/06/2023
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