Minor Change Report 51901.4863.07

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	51901.4863.07
Development Approval	MCU Approval for a Shops, Commercial Premises, Professional Offices, Catering Shops, Caterer’s Room, Surgery and Car Park (TPC 1816)
Applicant	Mr John Bridson McDermott and Alison Margaret Hames McDermott
Request Received On	22 June 2018

PROPERTY DETAILS
Property Address	30/18 Hastings St NOOSA HEADS  QLD  4567
RP Description	Lot 2 RP 133488
Existing Use of Land	Bay Village Commercial centre

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Village Mixed Use
Assessment Type	Minor Change to Development Approval

PROPOSAL
The application seeks approval for a permissible change to the existing Material Change of Use Approval (Consent) TPC 1816 for a 30 shops, Commercial Premises, Professional Offices, Catering Shops, Caterer’s Room, Surgery and Car Park. The subject site is known as “Bay Village”.
The applicant seeks approval to change the use of tenancy 30 that was previously utilised by a catering business to a hairdresser.
background
A development approval for a Town Planning Consent for Shops, Commercial Premises, Professional Offices, Catering Shops, Caterer’s Room, Surgery and Car Park (TPC 1816) was issued 15 July 1986.

4 June 2004, a change to the development approval was approved to change tenancy 7 from a restaurant to a massage clinic.
17 November 2004, a change to the development approval was approved to include a storeroom.
22 September 2005, a change to the development approval was approved to allow a balcony extension.
18 August 2015, a change to the development approval was approved to divide tenancy 18 (203m2) into 2 tenancies.
2 August 2017, a generally in accordance request was approved with regard to built form to a kiosk area.
assessment
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosaville Locality Code

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 change is minor in nature and is to be within the existing tenancy;
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 mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
Applicant’s Request
The applicant wishes to establish a hairdressing salon in tenancy 30 which were previously used for catering/professional offices.
Assessment of Request
Under Noosa Plan, a hairdresser use is defined as a Shop and Salon which attracts 1 space per 20m2 (up to 100m2) or 1 space per 15m2 for use are thereafter.  A restaurant in a Village Mix zone attracts a rate of 20m2.
In the original application, 99 car parking spaces and one loading bay were approved. Bay Village currently provides in excess of 142 car parking spaces. Therefore, there is sufficient car parking on site to accommodate the proposal.

cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposal does increase the Gross Floor Area or parking demands of the total development and generally meets the corresponding provisions pertaining to non-residential tenancies within the mixed use centre.
RECOMMENDATION
With regard to Application No. 51901.4863.07, to make a minor change to an existing approval for Town Planning Consent for Commercial Premises, Professional Offices, Catering Shops, Caterer’s Room, Surgery and Car Park (TPC 1816) to include a Shop and Salon use situated at 30/18 Hastings St NOOSA HEADS  QLD  4567 described as Lot 2 RP 133488, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on decided to:
A.	Approve the change.
D.	Include the following additional conditions:
Change to approval (2 July 2018) for Tenancy 30
Use
Tenancy 30 is approved for a Shop and Salon Use as defined by the Noosa Plan.
Building Appearance
The subject tenancy must provide at least 50% transparent glazing to shop fronts to create active building fronts.

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