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Minor Change Lodgement Letter - Noosa Civic
11 August 2025 Noosa Shire Council PO Box 141 Tewantin QLD 4565 Email: [email protected] Dear Sir/Madam, Application for a minor change to a development approval (pursuant to Section 78 of the Planning Act 2016) at 28 Eenie Creek Rd Noosaville QLD 4566 on land described as Lot 1 on SP322201 We write in relation to the development approval issued by Noosa Shire Council on 30 April 2024, for the below site. The development approval comprises: • Development Permit for Material Change of Use of Premises – Shire Business Centre at 26 & 28 Eenie Creek Road, Noosaville Lot 1 SP 322201 (132002.220285.H) A minor change is sought to enable the construction of an awning and reallocation of external dining area for Tenancy T1040 to accommodate the requirements of a new food and drink tenant, as indicated in the proposed outdoor dining awning plan (DA 1001 Rev D). The proposed changes are minor in nature and would not result in significant changes to the existing height or the general appearance of the existing Noosa Civic Centre. In addition, the proposed external outdoor dining area complies with the planning conditions relating to the Retail Centres outdoor dining space requirements. This minor change request is submitted seeking approval from Council for the insertion of the attached plans to condition (4) Approved Plans. Agreement from Council is requested, confirming the proposed amendments constitute as a minor change as per the definition in Schedule 2 of the Planning Act 2016. Background On the 14 August 2003, Noosa Shire Council issued an approval for a Development Permit for a Material Change of Use for Shire Business Centre - Stage 1 of Noosa Civic (Council Ref: 132002.220285) over land at 28 Eenie Creek Road, Noosaville QLD 4566, also known as Lot 1 on SP322201. Overtime a number of applications have been approved to facilitate new tenants and provide for minor updates to Shire Business Centre. The most recent minor change approval was on the 30 April 2024, which seen the amendment of condition 4 to include additional Approved Plans for the CBA Façade, located at 28 Eenie Creek Road, Noosaville QLD 4566, Lot 1 on SP322201 (Council Ref: 132002.220285.H). Proposed Change The proposed change involves the construction of an awning structure (refer to Figure 2) to create one shaded outdoor dining space at the location demonstrated below. The proposed awning and outdoor dining space is at the request of the new tenant to ensure it is fit for purpose and activates the external
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façade of the tenancy and overall centre. The structure will provide coverage from the weather elements
to customers within the designated outdoor dining area and create an attractive streetscape.
Figure 1 – Site Location Diagram
Figure 2 - Proposed awning (Render)
Awning Design
A set of drawings have been provided in support of this application which show the fixed awning
structure on the tenancy shopfront elevation and the introduction of an additional shaded external
dining space for the operational requirements of the new tenant. The plans illustrate the location,
dimensions, and design of the awnings over the outdoor seating area and demonstrates how these
integrate with the existing building. This proposed change aligns with the style, scale and material of
surrounding awnings that can be seen along Noosa Civic Centre.
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The proposed dimensions As shown on plan DA 1003 Rev D, elevations of the awnings are as follows: - RL 5.000 - RL4.100 The area of the structures are as follows: - Roof Structure A - 26.5m2 - Roof Structure B - 91.5m2 - Roof Structure C - 85.3m2 Total = 203.3 m2 Materality The plan DA1000 Rev D refers to the finishes for the proposed work, which suggests a light weight roof structure to the new dining area, colorbond roof, c channel fascia powder coat to match existing trim, timber look aluminum lining to the underside, surface mount light fittings, stainless steel downpipes and post and angled structural columns (150x150) to match existing design at the woolworths entry. All finishes are in keeping with the surrounding materials and existing awnings. Design features The design of the awnings have followed the existing awning structures, as seen along Noosa Civic Centre. The awning is designed with a titled roof structure to facilitate rainwater flow into the gutter and into the downpipes. Mural A mural has been proposed on one external wall on the façade of the Tenancy, as seen on DA903 Rev C. This plan, along with the finishes plan (DA1000 Rev D) provides a visual example of a local artist mural envisioned for this artwork. Final specification to be confirmed. Planter The existing planters are to be relocated and painted for the reuse within the proposed outdoor seating area. Doors and Windows The new shopfront has proposed manual bifold window and entry doors with external commercial grade aluminum frames and clear safety glass panels to match existing. A proposed sliding door has been incorporated leading out to the outdoor seating area, as highlighted on the new awning plan (DA1001 Rev D). Outdoor Dining Area Figure 3 below illustrates the two (2) existing external dining areas at Noosa Civic which relate to the Bakery and Brown Rice (Sushi) tenancies. This is to be read in conjunction with New Awning Plan DA 1001 Rev D plan and the approved plans (attached) to demonstrate that the existing outdoor dining does not exceed the total area permitted, therefore the additional space requested as part of this Minor Change (Outdoor dining area - 77.3m2) does not exceed the allowable area. Importantly, the existing planning approval includes a condition limiting the overall outdoor dining area across the site. Condition 228 states:, ‘ The outdoor dining areas asssociated with the Retail Centre component shall not exceed 599m2’. This proposed reallocation of external dining area has been carefully reviewed against Condition 228, and measurements confirm that the total outdoor dining area, including the newly proposed space is a total of (145.3m2), which is demonstrated in Figure 3 below therefore remains within this allowable limit of external dining.
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Figure 3- Existing & Proposed Outdoor Dining
Minor Change
The proposed change to the development approval for the awning and outdoor dining area design is
consistent with the definition of a ‘minor change’ under the Planning Act 2016 as outlined below.
Table 1: Minor change criteria
In accordance with Schedule 2 of the Planning Response
Act 2016, a minor change means, where for a
development approval, a change that:
(i) would not result in substantially different The proposed change does not result in
development; and substantially different development. A detailed
assessment is provided in Table 2.
(ii) if a development application for the The proposed change does not result in elements
development, including the change, were made of prohibited development being introduced to
when the change application is made would not the application.
cause—
(A) the inclusion of prohibited development in
the application; or
(B) referral to a referral agency, other than to The application would not require referral to
the chief executive, if there were no referral SARA.
agencies for the development application; or
(C) referral to extra referral agencies, other Referral would not be triggered by this change
than to the chief executive; or Application.
(D) a referral agency, in assessing the No additional matters are required to be
application under section 55, to assess the assessed by the chief executive of SARA because
application against, or have regard to, a of the change to the development.
matter, other than a matter the referral agency
must have assessed the application against, or
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had regard to, when the application was made;
or
(E) public notification if public notification was Public notification was not required for the
not required for the development application. development application.
Table 2: Substantially different development criteria
In accordance with Schedule 1 of the
Development Assessment rules, a change may
be considered to result in substantially different Response:
development if any of the following apply to the
change:
(a) involves a new use; or The proposed change does not introduce a new
use.
(b) results in the application applying to a new The proposed change does not introduce a new
parcel of land; or parcel of land other than that originally applied
over as part of the original approval.
(c) dramatically changes the built form in terms of The proposed change does not dramatically
scale, bulk and appearance; or change the bulk form of the building with only
minor works being undertaken to the extension of
the roof awning to the outdoor dining area. The
scale (height) does not change with the proposal.
(d) changes the ability of the proposed The proposed change does not prevent the
development to operate as intended; or development operating as intended. The change
is to accommodate tenancy requirements and
allow customers shelter from the weather
elements within the outdoor dining area.
(e) removes a component that is integral to the The alterations proposed do not remove a
operation of the development; or component that is integral to the operation of the
development.
(f) significantly impacts on traffic flow and the The proposed change is not anticipated to impact
transport network, such as increasing traffic to traffic flow or the ability to access the site.
the site; or
(g) introduces new impacts or increase the severity The amendments will not result in any new
of known impacts; or impacts or increase the severity of known
impacts.
(h) removes an incentive or offset component that No offset or incentive is removed as part of the
would have balanced a negative impact of the change.
development; or
(i) impacts on infrastructure provisions. The change does not affect the infrastructure
provisions on the site.
Referral agencies
In accordance with Section 80(1)(a) of the Planning Act 2016, no affected entities are required to be
notified of this minor change application.
Changes to the approval documentation
The description of the approval is to remain unchanged. We anticipate that insertions to the list of
approved drawings will need updated to include the following:
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Table 3: Insertions to the approved drawings and documents
Drawing or Document Ref Number Updated Plan
Proposed Awnings DA800 Rev D -
Site Plan - Existing DA900 Rev D -
Site Plan- Awning Location DA901 Rev D -
Existing Location DA902 Rev D -
New Awning- Render DA903 Rev C -
New Awning- Render DA904 Rev A
New Awning- Finishes DA1000 Rev D -
New Awning Plan DA1001 Rev D -
New Awning- Elevation DA1003 Rev D -
Supporting information
In support of this application, the following information will be provided to satisfy the requirements of
Section 79 of the Planning Act 2016:
• Land owners consent
• Planning Act Form 5
• Plans mentioned in table 3
Conclusion
We write in relation to the proposed Minor Change alterations to the approved Material Change of Use of
Premises – Shire Business Centre at 28 Eenie Creek Road, Noosaville Lot 1 SP 322201 (132002.220285.H).
The proposed alterations meet the criteria to constitute a Minor Change within the meaning of Schedule
2 of the Planning Act 2016. We therefore request that the change is assessed and decided pursuant to
Section 83 of the Act.
Thank you for your consideration of this request. Should you require any further clarification or
information, please don’t hesitate to contact me.
Kind Regards,
Abbie Regan
Development Assistant
0432 559 917