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Generally In Accordance Report 132001 210011 5 · 132001.210011.5

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               APPLICATION FOR CHANGES TO BE CONSIDERED GENERALLY IN ACCORDANCE WITH
               DEVELOPMENT APPROVAL
               Author                  Senior Development Planner, Tara Norley
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                    132001.210011.5

                  Applicant                          FORTIFIED INVESTMENTS PTY LTD

                  Development Approval               Material Change of Use for Multiple Dwelling (20 Units), Shops,
                                                     Medical Centre, Service Shops, Professional Offices,
                                                     Commercial Services, Commercial Premises & Restaurants

                  Request Received On                18 December 2023

                  Report Reviewed By                 <


                  PROPERTY DETAILS

                  Property Address                   Colonial Commercial
                                                     6/239-245, Gympie Tce, Noosaville

                  RP Description                     Lot 0 SP 158841 and Lot 6 SP 158841

                  Land Area                          Lot 6 – 101m2

                  Existing Use of Land               Shops, Medical Centre, Service Shops, Professional Offices,
                                                     Commercial Services, Commercial Premises & Restaurants


                  STATUTORY DETAILS

                  SEQRP Designation                  Urban Footprint

                  Zone                               Tourist Accommodation Zone

                  Precinct                           Not applicable

                  Local Area Plan                    Noosaville

                  Overlays                           Land Subject to Acid Sulfate Soils

                  Assessment Type                    Generally in Accordance to Development Approval




                                                                                                         Page 1 of 3

Document Set ID: 22754507
Version: 2, Version Date: 19/01/2024
Full text of the other 2 pages

Page 2

               1.     PROPOSAL
               The applicant seeks Council’s agreement that the following changes are consistent / generally in
               accordance with the approved plans of development for the site:
               The applicant has provided amended plans for the internal floor layout only. The approved plan
               included a 58.8m2 ‘front of house’ area, whilst the new plans include an approximate 53m2 ‘front of
               house’ area.
               2.     BACKGROUND
               •    A Development Permit for a Material Change of Use of Premises (Multiple Dwelling (20 Units),
                    Shops, Medical Centre, Service Shops, Professional Offices, Commercial Services,
                    Commercial Premises & Restaurants) (132001.210011) was approved on 5 July 2001.
               •    A Minor Change to the original approval to delete one approved carparking space in order to
                    retain an existing Alexandra Plam tree on site was approved on 28 August 2002.
               •    On 16 February 2016 Council approved a change to Lot 4 from a Shop to a restaurant
                    (132001.210011.1)
               •    On 18 July 2022 Council approved a change to the existing approval to allow Lot 5 to operate
                    as either a Shop or a Food and Drink Outlet (132001.210011.3).
               •    On 8 Jun 2023 Council approved a change to the existing approval to allow Lot 5 to operate as
                    either a Shop or a Food and Drink Outlet (132001.210011.4).
               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               The applicant has provided amended plans that include an amended internal floor layout. The
               approved plan included a 58.8m2 ‘front of house’ area, whilst the new plans include an approximate
               53m2 ‘front of house’ area. The changes to the internal floor layout do not result in any exterior /
               built form changes to the development and will not require any additional parking, noting that the
               use area has decreased in size.




                                  Approved Plan - 132001.210011.4 (front of house in green)seem




                                                                                                      Page 2 of 3

Document Set ID: 22754507
Version: 2, Version Date: 19/01/2024

Page 3

                                       Proposal Plan - 132001.210011.5 (front of house in red)
               The development is considered generally in accordance with the development permit.
               4.     CONSULTATION
               Not applicable
               5.     CONCLUSION & REASONS FOR DECISION
               The changes are considered minor and are in keeping with the approval and can be considered
               generally in accordance with the approval. The proposed development generally complies with the
               requirements of the planning scheme and does not raise any significant issues that cannot be
               addressed by reasonable and relevant conditions. The generally in accordance request is therefore
               recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No.132001.210011.5, seeking confirmation that the proposed changes
               are considered generally in accordance with the development approval for Material Change of Use
               for Multiple Dwelling (20 Units), Shops, Medical Centre, Service Shops, Professional Offices,
               Commercial Services, Commercial Premises & Restaurants, situated at Colonial Commercial 239-
               245 and 6/239-245 Gympie Tce, Noosaville described as Lot 0 SP 158841 and Lot 6 SP 158841
               Council on 19 January 2024 confirmed the plans listed in the following table are considered
               generally in accordance with the development approval.

                Plan No.        Rev      Plan/Document Name                                 Date

                -               05       Proposed Floor Plan, prepared by JMF Design        07/12/2023




                                                                                                    Page 3 of 3

Document Set ID: 22754507
Version: 2, Version Date: 19/01/2024

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