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Request for Minor Change
Our Ref: 20200333
Council Ref: 18492 DA
Council Ref: D:3226 of 2000
11 December 2020
Noosa Council
PO Box 141
Tewantin QLD 4565
Via email: [email protected]
Attention: Development Assessment Team
Dear Sir/Madam,
REQUEST FOR MINOR CHANGE TO DEVELOPMENT APPROVAL
(DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES FOR
MULTIPLE DWELLINGS (4 UNITS) AND RESTAURANT) AT NOUVELLE NOOSA,
269 GYMPIE TERRACE, NOOSAVILLE (LOT 0 ON SP129587)
Please find enclosed a request for a Minor Change to development approval to be assessed by Noosa
Council.
This request for a Minor Change under s78 of the P lanning Act 2016 is in accordance with the definition
of a Minor Change (Schedule 2 of the Planning Act 2016) and it is considered that the change does not
result in a substantially different development.
Please find enclosed the following documentation to facilitate Council’s assessment of the request:
● DA Form 5;
● Owner’s consent;
● Court Order Approval and Approved Plans;
● Figure 1; and
● 3D Views - Perspective Images prepared by Cool Outdoor Living.
The relevant Council fee of $2,218.00 will be paid once a reference number has been provided.
PROPOSED CHANGE TO APPROVAL
The applicant seeks to include two new shade sails in accordance with Figure 1 below and 3D View Plan
prepared by Cool Outdoor Living. The proposed setbacks are 5.5m to Gympie Terrace and 2m to James
Street. The shade sails are required to provide permanent, all weather protection to the existing ground
floor restaurant. The restaurant and outdoor dining area is oriented towards the north and is subject to
full sun exposure all day as shown in Figure 2 below.
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Figure 1: Proposed Location of Shade Sail
Figure 2: Solar exposure to existing outdoor dining area
The shade sails are considered necessary to provide weather protection for the comfort of patrons and
will complement the existing building materials/colour palette. Whilst encroaching on the minimum
setback requirements, the proposal:-
● Is considered essential for the comfort of restaurant patrons;
● Does not obstruct views or cause overlooking to adjoining premises;
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● Provides sufficient distance to, and does not compromise, adjoining premises;
● Will not compromise the conditions outlined in the approval which requires dense landscaping
and mounding along the James Street, Gympie Terrace frontages and the western boundary
(Condition 35) and existing trees in the road reserve (Condition 37);
● Maintains the visual continuity of mixed use development in the streetscape by providing shelter
and contributing to an active street frontage, as shown in Figure 2 below.
287 Gympie Terrace 281 Gympie Terrace
271 Gympie Terrace 257 Gympie Terrace
Figure 2: Existing shade structures and awnings on Gympie Terrace
CHANGES TO CONDITIONS
Condition 31
It is proposed to change Condition 31 to reflect the inclusion of the shade sail as part of the approved
plans of development as follows:
Development undertaken in accordance with this approval must generally comply with the
approved plans of development and Figure 1. The approved plans are numbered 9977SK04I,
ESK01J, SK02E, and SK03C prepared by Greg Gibbs Architects and dated November 1999. The
material to be used for the construction of all balcony rails shall be of transparent or open
materials, but not vertical rails and to the satisfaction of the Manager - Land Use.
Condition 41
As per the reasons outlined above, the proposed shade sails are considered necessary to provide weather
protection measures for restaurant patrons and is in keeping with the existing streetscape along Gympie
Terrace, particularly for mixed use developments. In this regard, we request that Condition 41 is
amended as follows:
The area of outdoor dining is to be clearly delineated to ensure that no further areas are utilised
for such a purpose. In this regard the area is to be marked by a form of planters or the like. This
area is to remain uncovered and free from any structure with the exception of impervious
umbrellas each measuring not more than 9m2 in area which are separated and not joined and not
fitted with roll down plastic or similar weather proof walls.
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JUSTIFICATION FOR PROPOSED CHANGE TO APPROVAL
The proposed change is considered to satisfy the definition of a Minor Change, as the proposed change
does not cause -
● The inclusion of prohibited development in the application;
● Referral to a referral agency if there were no referral agencies for the development application;
● Referral to extra referral agencies;
● A referral agency, in assessing the application under s55(2), to assess the application against, or
have regard to, a matter, other than a matter the referral agency must have assessed the
application against, or had regard to when the application was made; or
● Public notification to be triggered.
In determining whether the proposed Minor Change would result in a substantially different development,
the assessment manager must consider the individual circumstances of the development, in the context
of the change proposed.
A change may be considered to result in a substantially different development if any of the following
criteria are not met for the proposed change:
4.1 Involves a new use.
The requested Minor Change does not involve a new use for the site. The proposal will provide weather
protection for the existing restaurant on the ground floor.
4.2 Results in the application applying to a new parcel of land.
No new land parcels are proposed to be included.
4.3 Dramatically changes the built form in terms of scale, bulk and appearance.
The proposed changes will not result in change in the scale, bulk and appearance that is dramatically
different to the current built form. The proposal is for an open structure and provides weather protection
to an existing use.
4.4 Changes the ability of the proposed development to operate as intended.
The proposed Minor Change does not affect the ability of the approved development to operate as
intended and will provide an improved outcome to restaurant patrons.
4.5 Removes a component that is integral to the operation of the development.
The proposed change to the existing approval does not remove a component that is integral to the
operation of the development.
4.6 Significantly impacts on traffic flow and the transport network, such as increasing traffic
to the site.
The proposed change will not impact on the existing traffic flow and transport network.
4.7 Introduces new impacts or increases the severity of known impacts.
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There are no new impacts or an increase in the severity of known impacts to the site or the surrounding
lots.
4.8 Removes an incentive or offset component that would have balanced a negative impact
of the development.
The proposed change to the existing approval does not remove an incentive or offset component that
would have balanced a negative impact of the development.
4.9 Impact on infrastructure provisions.
The requested Minor Change to the approval does not impact on infrastructure provision.
SUMMARY
We thank the Council on behalf of the applicant for assessing the above application. Based on the
information provided in this application we respectfully request that Council proceed to issue a minor
change approval supporting the proposed development in full.
Should you have any queries, please do not hesitate to contact me directly.
Yours faithfully,
Adapt Town Planning
Tiani Boulton
Senior Town Planner
E: [email protected]
M: 0 404 924 160
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