Minor Change Report 132005 1292 04 [As Published] · 132005.1292.04

                      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               The original application was lodged and assessed under the now superseded 1973 Planning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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Document Set ID: 23616540
Version: 5, Version Date: 10/04/2025