Minor Change Report- 185 Weyba

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Table of Contents

Important Note 2
1. Summary 3
2. Background 3
3. Development Intent — Proposed Change 4

4. Planning Assessment
4.1 Gross Floor Area
4.2. Minor Change

5. Conclusions 8

List of Figures

 

Figure 1 Existing Floor Plan...

Figure 2 Proposed Floor PION... esssesssessessseesseesssseecsuessuessnecsuecsuecsueecsuecsssecaecsueesnsesusecsueseesueesneessnecsueesnesnessneestas 5

List of Tables
Table 1 Substantially Different Development Guideline oe eececseeseessseesuessnsesnecsueesseesnersumessersueesnense 6

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Important Note

Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.

We have prepared this report for the sole purposes of Darcher Holdings Pty Ltd A.C.N. 657 066 487
("Client") for the specific purpose of demonstrating the proposed use as being permitted under the
Noosa Plan 2020 ("Purpose"). This report is strictly limited to the purpose and the facts and matters
stated in it and does not apply directly or indirectly and will not be used for any other application,

purpose, use or matter.

In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are

incorrect.

This report is presented without the assumption of a duty of care to any other person (other than
the Client) ("Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;

e this report may not be relied on by a Third Party; and

e RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim

arising out of or incidental to a Third Party; and

e publishing, using, or relying on the facts, content, opinions, or subject matter

contained in this report

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taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,

compensation, interest and any other direct, indirect, consequential or financial or other loss.

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1. Summary

RG Strategic has prepared this development application on behalf of Darcher Holdings Pty Ltd
A.C.N. 657 066 487. The purpose of this report is to seek approval for a Minor Change Application to
the existing non-conforming use (NCU 23). The subject site is located at 185 Weyba Road, Noosaville
and is formally described as Lot 7 on RP113358.

The site has recently been purchased by Darcher Holdings Pty Ltd A.C.N. 657 066 487, who will trade
as Et Voila Patisserie. Our client is seeking to transform the site into an inspired French bakery and
patisserie specialising in pastries, cakes, artisan breads, sweet breads, and savoury items. Noting,

the intensification to the site will not increase.

This report should be read in conjunction with the accompanying covering letter, DA Form and
Appendices. The development is appropriate and is not anticipated to impact upon the amenity of
the locality. Council's approval of the application is therefore sought, subject to relevant and

reasonable conditions.

2. Background
e On18 November 1981 Council approved an extension to the existing dwelling house for the
purposed of a kiosk for the vending of sea foods (TPC 1503).

The 1973 Planning Scheme categorises a Kiosk under ‘refreshment service’. At this time the
kiosk was only able to trade fresh seafood.

e On 23 January 1985 Council approved alterations to an existing seafood kiosk (installation
of cooking equipment) (TPC 1705).

This installation of cooking equipment permitted the kiosk to trade as a takeaway fish and

shop selling both fresh and cooked seafood to the public.

e¢ On16 August 1990 council resolved to register a Caterer's Shop (seafood kiosk) over the site,
as an existing non-conforming use (NCU 23). The use was pursuant to and in accordance
with conditions of TPC 1503 and 1705.

The 1985 Planning Scheme defines a ‘Catering shop’ as-

Any premises used or intended for use for the preparation by cooking or otherwise of light
refreshments, take-away meals or bread, cakes or pastry and the supply of such on sale
to the public for consumption elsewhere or on the premises.

Therefore, it is clearly presented the change of operation from a seafood kiosk to bakery
does not involve a new use and will not impact upon the amenity of the locality as the
shop intends to remain take away only.

Appendix A contains the existing approvals mentioned above.

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3. Development Intent — Proposed Change
The applicant is proposing a Minor Change to the existing shop 185 Weyba Road, Noosaville. The
minor change will consist of:

¢ Change of operation from a seafood kiosk to bakery; and

e Slight alteration to exiting floor plan.

Figure 1 and 2 highlights the changes to the existing floor plan.

TING AREA

 

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The proposed changes are reflected in the Design Drawings prepared by Hiller Design and are

enclosed within Appendix B.
The gross floor area of the proposed commercial area is 124m? which equals to an increase of 7m?.

The hours of operation will be from 6am until 5pm from Wednesday to Sunday to begin with the
expectation of increasing to 7 days of trade as business permits. A baker will be onsite from 4am

each morning.

4. Planning Assessment

The proposed Minor Change can be supported on a number of grounds as detailed below:

e The proposal can be defined as a Minor Change to Approval in accordance with Schedule
1 of the Planning Act 2016,

e The proposal is consistent with the outcomes sought by the Noosa Plan 2020, and
e The proposal is consistent within the intent of the NCU 23.

4.1 Gross Floor Area

The proposal is increasing GFA of the commercial area by 7m?. This change provides a more
effective layout for operation of the bakery and has little to no impact to the GFA to the adjoining
residential use.

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4.2 Minor Change

In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -
(b) for a development approval—
(i) would not result in substantially different development; and

(ii) if a development application for the development, including the change, were made
when the change application is made would not cause—

(A) the inclusion of prohibited development in the application; or

(B) referral to a referral agency, other than to the chief executive, if there were no
referral agencies for the development application; or

(C) referral to extra referral agencies, other than to the chief executive; or

(D) a referral agency, in assessing the application under section 55(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

(E) public notification if public notification was not required for the development
application.

In respect of whether the change results in a ‘substantially different’ develooment, assessment
against Schedule 1: Substantially Different Development Guideline contained within the
Development Assessment Rules, is provided in Table 2 below:

 

‘Substantially different’

development Comment

 

 

Involves a new use The existing non-conforming use is listed as a Caterer’s shop.
In the 1985 Planning Scheme a ‘Catering shop’ is defined as-
Any premises used or intended for use for the preparation
by cooking or otherwise of light refreshments, take-away
meals or bread, cakes or pastry and the supply of such
on sale to the public for consumption elsewhere or on the
premises.
It is clearly demonstrated from the existing non-conforming use
rights that exist for the property, that the baking of bread, cakes
or pastry which is being proposed clearly aligns with the definition
of the caterer's shop.
For this reason, the proposed use is not a new use and as such not
a substantially different development.

 

 

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‘Substantially different’
development

Comment

 

Results in the application
applying to a new parcel of
land

No new land is applied over as part of this change application.

 

Dramatically changes the
built form in terms of scale,
bulk, and appearance

The increase of commercial GFA does not change the built form

and will not increase in the intensification of the use.

 

Changes the ability of the
proposal to operate as
intended

The proposal does not alter the use as intended.

 

Removes a component that is
integral to the operation of the
development

The proposed minor change will not alter the operation of the
development.

 

Significantly impacts on traffic
flow and the transport network,
such as increasing traffic to the
site

No impacts will be as a result of the proposed Minor Change
application.

 

Introduces new impacts or
increases the severity of known
impacts

The proposal does not introduce or increase impacts

 

Removes an incentive or offset
component that would have
balanced a negative impact of
the development

The change represents an inconsequential change to the overall
appearance and use of the restaurant. No incentive or offset

component will be impacted as a result of the proposed Minor

 

 

 

 

Change.
Impacts on infrastructure The proposed Minor Change will not impact upon any
rovisions .
p infrastructure network.
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5. Conclusions
As demonstrated in the above Table 2, the proposed amendment to Condition 1 complies with the
definition of a Minor Change and are consistent with the intent of the original approval.

This report demonstrates that the proposed development is permitted pursuant to the provisions
of the Planning Act 2016 and the Noosa Plan 2020.

The proposed reconfiguration of the shop floor plan results in an improved internal configuration

which:

e Permits an increase in storage, back of house area including food preparation area, bar

area, office, and storage areas.
Approval of the proposed Minor Change is recommended.

We look forward to Council processing the application at its earliest convenience. Should you

require any additional information or have any queries please to not hesitate to contact us.

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