Council archive · source document
Minor Change Report 132005 1292 04 [As Published] · 132005.1292.04
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Matthew Pinese
Development Assessment
APPLICATION DETAILS
Application No. 132005.1292.04
Development Approval Development Approval for Material Change of Use –
Restaurant
Applicant Michelle Anne Watt and Cameron Donald Watt
Request Received On 5 December 2024
Report Reviewed By Nadine Gorton 07.04.2025
Decision Due Date 7 April 2025
PROPERTY DETAILS
Property Address The Terrace Noosaville 1/253 Gympie Terrace, Noosaville Qld
4566
RP Description Lot 1 on BUP104212
Land Area 546.32m2
Existing Use of Land Restaurant (Type 1 Food & beverages)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Not applicable
Local Area Plan Noosaville
Overlays Land Subject to Acid Sulfate Soils Overlay
- 5 metres AHD or Below (Area 1)
Flood Hazard Overlay
- Flooding and Inundation Area
Assessment Type Minor Change to Development Approval
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1. PROPOSAL
The applicant seeks approval to change an existing development approval by adding a small patio
to an existing outdoor seating area for weather protection. The patio has an area of 6.85m2 and
height of 2.6m.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Roof Plan & Section
Figure 4 – Front Elevation
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Figure 5 – Side Elevation
2. BACKGROUND
A development approval for a Restaurant was approved on 26 April 1995. Since the original
approval, there have been several minor changes made, including changes to the internal design
and the addition of an outdoor dining area.
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 (25 September 2020).
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 result in the application applying to a new parcel of land; or
o dramatically change the built form in terms of scale, bulk and appearance; or
o change the ability of the proposed development to operate as intended; or
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o remove a component that is integral to the operation of the development; or
o significantly impact on traffic flow and the transport network, such as increasing traffic
to the site; or
o introduce new impacts or increase the severity of known impacts; or
o remove an incentive or offset component that would have balanced a negative impact
of the development; or
o impact on infrastructure provisions.
• 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;
• 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 1973 Planning
Scheme. 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:
• Tourist Accommodation Zone Code;
• Noosaville Local Plan Code;
• Business Activities Code;
• Works Codes;
• Flood Overlay Code.
The proposed minor change is limited to the inclusion of a roof over an outdoor dining patio area.
Considering the minor and inconsequential nature of the proposed change, a review of the codes
has been undertaken to identify what provisions are relevant.
The proposal meets the relevant requirements of the above codes and subject to a recommended
condition, the proposal complies with the Noosa Plan 2020.
It is noted that AO13.1 of the Tourist Accommodation Zone Code requires a 6m setback from the
front boundary for properties fronting 185-207 Gympie Terrace, 235-257 Gympie Tce where a
mixed use building incorporating a non-residential use.
With reference to address the corresponding performance outcome PO13, the proposal provides
a higher level of amenity for the subject site by providing needed weather and sun protect. The
covering of the patio with a roof maintains the predominant character and visual continuity of the
other roof outdoor dining areas and replaces more temporary café umbrellas. The proposed roof
does not obstruct the views of the adjoining premises. The area is currently used for outdoor dining
and there is no opportunity to incorporate landscaping in this existing space.
AO14.3(c) of the Water Quality and Drainage Code, states that temporary or permanent downpipes
are connected to stormwater system before laying the roof or localised erosion is avoided by
directing flow from downpipes over non-erosive areas.
To address this provision, a standard stormwater management condition will be added to the
conditions of approval.
Existing Condition 1
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are labelled, numbered and dated as
follows and as may be amended by these conditions:
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Approved Plans 6 July 2016
Plan No. Rev. Plan/Document Name Date
15201-01 P2 Restaurant Floor Plan, drawn by PJ Concepts & 16/06/2016
Designs
15201-02 P2 Floor Plan, drawn by PJ Concepts & Designs 16/06/2016
15201-03 P1 Use Areas Floor Plan, drawn by PJ Concepts & 16/06/2016
Designs
Applicant’s Request
The applicant has requested existing condition 1 be amended as follows:
Approved Plans 6 July 2016
Plan No. Rev. Plan/Document Name Date
15201-01 P2 Restaurant Floor Plan, drawn by PJ Concepts & 16/06/2016
Designs
15201-02 P2 Floor Plan, drawn by PJ Concepts & Designs 16/06/2016
15201-03 P1 Use Areas Floor Plan, drawn by PJ Concepts & 16/06/2016
Designs
Approved Plans 7 April 2025
15767 Z - Site Plan prepared by Altec50 12/11/2024
001 A
15767 Z - Roof Plan and Section B prepared by Altec50 12/11/2024
002 B
15767 Z - Front Elevation C prepared by Altec50 12/11/2024
003 C
15767 Z - Side Elevation D prepared by Altec50 12/11/2024
004 D
Assessment of Request
The proposed changes shown on the submitted plans, only relate to the proposed patio, which has
an area of 6.85m2 and height of 2.6m. The purpose of this roof over the patio is provide additional
weather protection to this area that is used for outdoor dining. The proposed increase in gross floor
area is considered minor and inconsequential, and it is noted that the original development had
headworks contributions conditioned. Considering the nature of the change and the previously
conditioned headworks contributions, no further infrastructure contributions will be made payable.
Recommendation
It is recommended existing condition 1 be amended to read as follows:
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Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are labelled, numbered and dated as
follows and as may be amended by these conditions:
Approved Plans 6 July 2016
Plan No. Rev. Plan/Document Name Date
15201-01 P2 Restaurant Floor Plan, drawn by PJ Concepts & 16/06/2016
Designs
15201-02 P2 Floor Plan, drawn by PJ Concepts & Designs 16/06/2016
15201-03 P1 Use Areas Floor Plan, drawn by PJ Concepts & 16/06/2016
Designs
Approved Plans 7 April 2025
15767 Z - Site Plan prepared by Altec50 12/11/2024
001 A
15767 Z - Roof Plan and Section B prepared by Altec50 12/11/2024
002 B
15767 Z - Front Elevation C prepared by Altec50 12/11/2024
003 C
15767 Z - Side Elevation D prepared by Altec50 12/11/2024
004 D
Existing Condition 5
5. The business is approved to operate as a Restaurant from the hours of 6am – 10pm on Sunday
to Thursday and 6am – 12am Friday and Saturday with full dining facilities.
Applicant’s Request
The applicant has requested that this condition be amended to state Food and drink outlet, as this
is the definition from the Noosa Plan 2020.
Assessment of RequestThe existing wording limits the development to only operate as a
restaurant; whereas, the definition for Food and drink outlet includes the following examples:Bistro,
café, coffee shop, drive-through facility, kiosk, milk bar, restaurant, snack bar, take-away, tea room
The definition of Food and drink outlet is as follows:Food and drink outlet means the use of
premises for—
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a)preparing and selling food and drink for consumption on or off the premises; or
b)providing liquor for consumption on the premises, if the use is ancillary to the use in
paragraph a).
The proposed change to the condition will be less restrictive and allow the development to operate
into the future as one of the examples included above.
It is noted that in the table of assessment for the Tourist Accommodation Zone that a Food and
drink outlet is a consistent use that is code assessable if on a site fronting Gympie Terrace.
Recommendation
It is recommended that the existing condition be amended to the following:
5. The business is approved to operate as a restaurant Food and drink outlet from the hours of
6am – 10pm on Sunday to Thursday and 6am – 12am Friday and Saturday with full dining facilities.
New Condition 26
As the proposal is to put a roof over the existing patio area, the following new stormwater condition
is recommended to be added to the conditions of approval:
Stormwater Drainage
26. Stormwater runoff from the development must be discharged to the existing
stormwater system without causing scour or damage to the subject site or any
adjoining property.
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. 132005.1292.04 to make a minor change to an existing approval for
Development Approval for Material Change of Use – Restaurant situated at The Terrace Noosaville
1/253 Gympie Tce Noosaville Qld 4566 and described as Lot 1 BUP 104212, Council on 7 March
2025 decided to:
A. Approve the change.
B. Amend condition 1 to read as follows:
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are labelled, numbered and dated as
follows and as may be amended by these conditions:
Approved Plans 6 July 2016
Plan No. Rev. Plan/Document Name Date
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15201-01 P2 Restaurant Floor Plan, drawn by PJ Concepts & 20/06/2016
Designs
15201-02 P2 Floor Plan, drawn by PJ Concepts & Designs 20/06/2016
15201-03 P1 Use Areas Floor Plan, drawn by PJ Concepts & 20/06/2016
Designs
Approved Plans 7 April 2025
15767 Z - Site Plan prepared by Altec50 12/11/2024
001 A
15767 Z - Roof Plan and Section B prepared by Altec50 12/11/2024
002 B
15767 Z - Front Elevation C prepared by Altec50 12/11/2024
003 C
15767 Z - Side Elevation D prepared by Altec50 12/11/2024
004 D
C. Amend condition 5 to read as follows:
5. The business is approved to operate as a restaurant Food and drink outlet from the hours of
6am – 10pm on Sunday to Thursday and 6am – 12am Friday and Saturday with full dining facilities.
D. Include the following additional condition:
Stormwater Drainage
26. Stormwater runoff from the development must be discharged to the existing
stormwater system without causing scour or damage to the subject site or any
adjoining property.
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