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MCU22/0154.01 – Application For A Minor Change To A Development Approval For Food And Drink Outlet, Shops And Offices At 214 David Low Way, Peregian Beach · Attachment 2 - (MCU22 0154.01) - Planning Officer'S Report

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                        7 May 2024




                                      Figure 6 – East Elevations




                                     Figure 7 – South Elevations

2.   BACKGROUND
Council at its Ordinary Meeting on 16 February 2023 resolved to approve an application to
redevelop the site. At the time of the original application, the applicant was proposing to:
•    Remodel the existing single storey building, retaining the western shop tenancies,
•    Convert tenancy 3 into a food and drink outlet, and
•    Include an upper floor level comprising an office and a small food and drink outlet that
     included a terrace that opened up into the square to the east.
The applicant entered into an Infrastructure Agreement with Council to pay a contribution in lieu of
4 parking spaces reflective of the proposed increase in car parking demand.
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 2017;
•    Planning Regulation 2017;
•    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 a substantially different development;
•    the change does not include prohibited development;


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