2020-06-15 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                      15 JUNE 2020


    On 18 October 2019 Council agreed to further modification of the approval including changes
     to the internal layout of the Facilities Building, addition to the outdoor dining area, change to
     GFA and refinement to the elevations to be consistent with the layout changes, and a change
     to a number of conditions, with amendments to conditions 2, 12 & 64, additional changes to
     conditions 5 & 83, and amendments to advisory notes 1, 2 & 11 (132005.1133.10).
    On 21 November 2019 Council issued a Generally in Accordance letter in relation to minor
     changes to approved plans (132005.1133.12).
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;
     The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
     Noosa Heads Locality Code;
     Visitor Accommodation Code
     Business Uses Code;
     Engineering Works Codes.
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 use remains
       the same as that approved, and the scale and bulk of the development remains generally
       consistent with the current approval;
    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 approved on 30 August 2007 as an impact assessable application
under the superseded 1990 Planning Scheme (5 December 1997 version). The subject site is
located within the Semi-Attached Housing Zone under the current Noosa Plan. The Noosa Plan
identifies Multiple housing Type 4 Conventional as impact inconsistent within Precinct F of Noosa
Springs (the subject site), as the subject site was originally intended for short-term visitor
accommodation development, though a condition of approval was never imposed to limit the use
of the dwelling units in this way. The uses located within the Resort Facilities Building are also
impact inconsistent under The Noosa Plan.




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