Original source · versioned page text
51995.1871.02 (TPC 2888Additional Information
(b) if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not
require impact assessment-require impact assessment; or
(c) for an approval for assessable development that previously required impact
assessment-be likely, in the responsible entity's opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
or
(d) cause development to which the approval relates to include any prohibited development.
The proposal is considered to comply with the requirements of the Sustainable Planning Act as
detailed below:
(a) result in a substantially different development;
The proposed tenancy and shop is consistent with the existing uses and approval
relevant for the site.
(b) if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not
require impact assessment-require impact assessment; or
No concurrence agencies would be triggered by the proposal as it is internal to the
building and the level of assessment has not altered.
(c) for an approval for assessable development that previously required impact
assessment-be likely, in the responsible entity's opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
It is unlikely that a person would make a submission objecting to the proposed change
as the area is currently approved for commercial use.
(d) cause development to which the approval relates to include any prohibited development.
Not prohibited development.
The proposal is therefore considered to be able to be considered as permissible change.
Noosa Plan
The site is included in the Noosa Heads Locality and the Visitor Mixed Use zone which supports a
range of unit and commercial development. Specific Outcome 46 of the Visitor Mixed Use zone
states:
Specific Outcome Probable Solution
Character and amenity S48.1 The number of non residential tenancies developed on a
048 Hastings Street is predominantly residential in site does not exceed the rate of 1 per 20 accommodation units
nature with non-residential uses limited to the ground or dwelling units; provided that non- Residential Uses with a
floor. use area over 100m2 are calculated as 2 tenancies.
The French Quarter complex has approval for 120 residential units, 6 shops and a restaurant which
currently does not comply with the 1:20 rate. Whilst it is acknowledged that an additional shop
would further exceed this ratio, the proposal is considered to comply with the specific outcome
which states that non residential uses are to be limited to the ground floor. Further the additional
shop tenancy does not reduce the number of residential uses on site nor does it affect the Hastings
Street character as it is an area already approved for commercial uses.
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(b) if the application for the approval were remade including the change—
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not
require impact assessment—require impact assessment; or
(c) for an approval for assessable development that previously required impact
assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
or
(d) cause development to which the approval relates to include any prohibited development.
The proposal is considered to comply with the requirements of the Sustainable Planning Act as
detailed below:
(a) result in a substantially different development;
The proposed tenancy and shop is consistent with the existing uses and approval
relevant for the site.
(b) if the application for the approval were remade including the change—
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not
require impact assessment—require impact assessment; or
No concurrence agencies would be triggered by the proposal as it is internal to the
building and the level of assessment has not altered.
(c) for an approval for assessable development that previously required impact
assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
It is unlikely that a person would make a submission objecting to the proposed change
as the area is currently approved for commercial use.
(d) cause development to which the approval relates to include any prohibited development.
Not prohibited development.
The proposal is therefore considered to be able to be considered as permissible change.
Noosa Plan
The site is included in the Noosa Heads Locality and the Visitor Mixed Use zone which supports a
range of unit and commercial development. Specific Outcome 46 of the Visitor Mixed Use zone
states:
Specific Outcome Probable Solution
Character and amenity $48.1 The number of non residential tenancies developed on a
048 Hastings Street is predominantly residential in | site does not exceed the rate of 1 per 20 accommodation units
nature with non-residential uses limited to the ground | or dwelling units; provided that non- Residential Uses with a
floor. use area over 100m2 are calculated as 2 tenancies.
The French Quarter complex has approval for 120 residential units, 6 shops and a restaurant which
currently does not comply with the 1:20 rate. Whilst it is acknowledged that an additional shop
would further exceed this ratio, the proposal is considered to comply with the specific outcome
which states that non residential uses are to be limited to the ground floor. Further the additional
shop tenancy does not reduce the number of residential uses on site nor does it affect the Hastings
Street character as it is an area already approved for commercial uses.
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