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Generally In Accordance Report 132001 210011 5 · 132001.210011.5
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
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Document Set ID: 22754507
Version: 2, Version Date: 19/01/2024
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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
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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
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Document Set ID: 22754507
Version: 2, Version Date: 19/01/2024
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