Minor Change Report - MCU22 0097 02 (As Published)

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               The locality is included below.




                                                        Figure 1 – Locality

               2.     BACKGROUND
               A development approval for a Material Change of Use – Food & Drink Outlet was approved on 3
               January 2023.
               A minor change application to amend condition 2 & 7 of the development approval was approved
               on 30 October 2024.
               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      Noosa Plan 2020 (20 March 2026).
               3.2. Statutory Process
               The applicant has requested to make a minor change to a development approval under s78 of the
               Planning Act 2016. An application for a minor change to a development approval can only be made
               in circumstances where a change would constitute a ‘minor change’.
               The proposed change to the development approval requested by the applicant is determined to
               constitute a minor change on the grounds that:
               •      the development would not result in substantially different development as the proposal does
                      not:
                      o     involve a new use; or
                      o     change the ability of the proposed development to operate as intended; or
                      o     remove a component that is integral to the operation of the development; or
                      o     introduce new impacts or increase the severity of known impacts;
               •      the change does not include prohibited development;
               •      the change would not require the application to be referred to an additional referral agency
                      or cause a referral agency to have regard to new matters prescribed by regulation;



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               •      where the original application was code assessable, the change would not cause the
                      application to become impact assessable.
               3.3. Statutory Instruments – Planning Scheme
               The original application was lodged and assessed under the now superseded Noosa Plan 2020
               (25 September 2020). Pursuant to s81 of the Planning Act 2017, Council must consider the
               planning scheme in effect when the original development application was lodged, however Council
               may give weight to Noosa Plan 2020 as the planning scheme in effect at the time of the minor
               change application being lodged.
               The following codes from Noosa Plan 2020 are applicable to this development:
               •      Local Centre Zone Code;
               •      Hinterland Villages Local Plan Code;
               •      Business Activities Code;
               •      Works Codes;
               •      Overlay Code.
               The proposed changes are consistent with the planning scheme provisions that were in place at
               the time the original development application was approved and with the current planning scheme
               provisions as the proposed change does not amend the layout or condition that impacts the use of
               the site.
               Existing Condition
               Condition 4. The approved use must not operate outside the hours of:
                    a. 6am to 10pm Monday to Thursday
                    b. 6am to 12pm Friday and Saturday
                    c. 9am to 10pm Sunday or any public holiday
               Applicant’s Request
               The applicant has requested existing condition 4 be amended and replaced with the following
               amended condition:
               Condition 4. The approved use must not operate outside the hours of:
                    a. 6am to 10pm Monday to Thursday
                    b. 6am to 12am Friday and Saturday
                    c. 9am to 10pm Sunday or any public holiday
               Assessment of Request
               The minor change to the development approval is required to correct an administrative error in the
               wording of Condition 4 and to ensure the condition accurately reflects the approved and intended
               operation of the use. The amendment clarifies that the premises may operate until 10pm from
               Sunday to Thursday, with the only substantive change being the correction of Friday and Saturday
               operating hours from 12pm to 12am. The change does not alter the approved use, built form, site
               layout, patron capacity, or any other operational aspect of the development, and is therefore
               considered minor in nature.
               Further, we note that the original decision had always considered the hours of operation as
               intended (until 12am) and the potential off-site amenity impacts of these hours. We also understand
               the premises has been operating to the hours always intended to be captured in the original
               decision, to date no issues/impacts/concerns have been raised by the community.
               Recommendation
               It is recommended existing condition 4 be amended to read as follows:
               Condition 4. The approved use must not operate outside the hours of:
                    a. 6am to 10pm Monday to Thursday

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                    b. 6am to 12pm am Friday and Saturday
                    c. 9am to 10pm Sunday or any public holiday


               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               Not applicable
               5.     CONCLUSION & REASONS FOR DECISION
               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 application is therefore recommended for approval.
               The report is provided in accordance with Section 83(9) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. MCU22/0097.02 to make a minor change to an existing approval
               for Material Change of Use – Food & Drink Outlet situated at 14-16 Reserve St Pomona Qld 4568
               and described as Lot 2 SP 115871, Council on 21/07/2026 decided to:
               A.     Approve the change.
               B.     Amend condition 4 to read as follows:
               Condition 4. The approved use must not operate outside the hours of:
                    a. 6am to 10pm Monday to Thursday
                    b. 6am to 12am Friday and Saturday
                    c. 9am to 10pm Sunday or any public holiday




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