Eduardo's Minor Change - Planning Report

4.    Change to Decision Notice

A Minor Change to the Existing Approval (132001.210011.1) is proposed to reflect the inclusion of a
Food and drink outlet to Lot 5. Important to note the applicant seeks to retain the Shop approval
over Lot 5. A change to condition 63 and additional conditions 78 and 79 is sought by the applicant.

4.1 Change Condition 63

Condition 63 reads as follows:

63. The restaurants are limited to tenancies 1, 2, 3 and 4 and shall not exceed a total use area of
     318m2, inclusive of the outdoor dining areas (total of 67m2). No other tenancy shall be utilised as
     restaurant.

The following change to Condition 63 is sought:

63. The restaurants are limited to tenancies 1, 2, 3 and 4 and shall not exceed a total use area of
     318m2, inclusive of the outdoor dining areas (total of 67m2). No other tenancy shall be utilised as
     restaurant.

The last sentence is unnecessary as the other tenancies do not have approval for a restaurant in
any case and it creates a messy Decision Notice when each tenancy has different use area
parameters (indoor dining and outdoor dining). The following additional conditions provide more
clarity on the approval parameters for the subject tenancy rather than relying on a bundled use
area condition across a number of tenancies onsite.

4.2 Proposed Additional Condition 78

It is sought Council agree to additional Condition 78 to read as follows:

Lot 5 - additional Lot 5 Conditions 78 and 79 <date> 2022

78. Lot 5 is approved to be used as a Food and drink outlet and a Shop. The Food and drink outlet
     is as defined by the Noosa Plan 2020 and the Shop use as defined by the planning scheme in
     force at the time of the original approval in 2001.

This additional condition gives clear direction on the use of lot 5.

4.3 Proposed Additional Condition 79

79. Lot 5 total use area of the Food and drink outlet, including outdoor dining (excluding the bar,
     kitchen and food storage areas) must not exceed 75m².

For the Food and drink outlet, while the application indicates a total use area for carparking
purposes of 41.9m², a greater area could be utilised as carparking permits a total use area of 75m²
(excluding bar, kitchen and food storage areas). Therefore, to maximise the applicants’ rights and
provide flexibility, it is requested the maximum square metreage permitted (regulated by
carparking) for the tenancy be identified in the condition.


RG Strategic                        Planning Report – Minor Change Application                         7