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Minor Change Report MCU17 0024 02 [As Published] · MCU17/0024.02

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Senior Development Planner - Andrew Gaffney
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                   MCU17/0024.02

                  Development Approval              Development Permit for Material Change of Use of Premises -
                                                    Entertainment & Dining Business Type 1 Food & Beverages
                                                    and Type 2 Recreation, amusement and fitness

                  Applicant                         Sunshine Beach Surf Life Saving Club Inc

                  Request Received On               18 October 2024

                  Report Reviewed By                Andrew Gaffney – 17 December 2024

                  Decision Due Date                 17 December 2024


                  PROPERTY DETAILS

                  Property Address                  4 The Esplanade Sunshine Beach

                  RP Description                    Lot 126 CP 845336
                                                    Lot 5 SP 269274

                  Land Area                         870 Square Metres
                                                    594 Square Metres

                  Existing Use of Land              Sunshine Beach Surf Life Saving Club


                  STATUTORY DETAILS

                  SEQRP Designation                 Urban Footprint

                  Zone                              Recreation & Open Space

                  Precinct                          Not applicable

                  Local Area Plan                   Coastal Communities

                  Overlays                          •   Land subject to acid sulfate soils
                                                    •   Biodiversity, waterways and wetlands
                                                    •   Coastal Protection
                                                    •   Landslide Hazard
                  Assessment Type                   Minor Change to Development Approval


                                                                                                    Page 1 of 8

Document Set ID: 23391052
Version: 5, Version Date: 20/12/2024
Full text of the other 7 pages

Page 2

               1.     PROPOSAL
               This application seeks to change an existing development approval for the Sunshine Beach Surf
               Lifesaving Club to install stackable 2.4m high glass doors along the eastern edge of the main floor
               deck and a connecting fly over roof between existing roof structures on the main deck.
               The applicant submits that the glazing and roof “…are required as the deck is rendered unusable
               during any type of inclement weather and during midday heat in summer and uncomfortable for
               patrons at other times. The deck will remain consistently open to take advantage of the view and
               sea breezes but closed when necessary for the weather.”
               The locality and proposal plans are included below.




                                                        Figure 1 – Locality




                                                                                                     Page 2 of 8

Document Set ID: 23391052
Version: 5, Version Date: 20/12/2024

Page 3

 

 

     

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Document Set ID: 23391052
Version: 5, Version Date: 20/12/2024

Page 4

                                                        Figure 4 – Elevations


               2.     BACKGROUND
               A development approval for a new surf club was issued on 19 October 2017. This approval has
               been acted on and a new building was constructed in 2019, with the associated car park and
               landscaping
               An application for a minor change was approved on 21 May 2020 amending condition 8 relating to
               acoustic requirements for the Sunshine Beach Surf Club (Surf Club).
               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 2006; 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 dramatically change the built form or introduce new or increased impacts;
               •    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 (the Noosa Plan
               2006). 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
               the Noosa Plan 2020 being the planning scheme in effect at the time the minor change application
               was lodged.

                                                                                                      Page 4 of 8

Document Set ID: 23391052
Version: 5, Version Date: 20/12/2024

Page 5

               The following codes from Noosa Plan 2020 are applicable to this development:
               •    Coastal Communities Local Plan Code;
               •    Recreation & Open Space Zone Code;
               •    Business Activities Code
               •    Community Activities Code;
               •    Works Codes;
               •    Land Subject to Acid Sulfate Soils Overlay Code
               •    Biodiversity, Waterways and Wetlands Overlay Code
               •    Coastal Protection Overlay Code
               •    Landslide Hazard Overlay Code.
               Assessment
               The existing dining facilities for the surf club are of a scale that are not consistent with both the
               Noosa Plan 2006 and Noosa Plan 2020 provisions with food and drink outlets intended to be small
               scale and ancillary to the surf lifesaving role of the club. Notwithstanding this, the original
               application was approved as these facilities were considered an integral part of the social fabric of
               the community and the surf life saving club. The approved redevelopment also maintained the
               same footprint of the existing club house with the previous surf club including a large outdoor dining
               area situated on the eastern side of the club.
               The proposed enclosure and additional roof of the main deck’s outdoor dining area will not result
               in any increase in dining area or increase to the surf club’s foot print. The enclosure and new roof
               will not adversely impact on the scenic amenity and character of the area and will not generate any
               additional car parking requirements. The works will also not materially impact on the view of
               surrounding units, as evident from the analysis previously provided for the redevelopment of the
               surf club.
               In regard to coastal management and protection while the proposed works are less likely to be
               able to be dismantled if threatened by extreme weather events compared with the approved
               structure over the main deck, the works remain within the existing building footprint and are able
               to be abandoned as defined by the State Planning Policy 2017.
               Overall the enclosure and additional roof to the main deck is expected to blend with and
               complement the existing building and improve the functionality of the deck for patrons.
               4.     CONSULTATION
               4.1. Referral Agencies
               No Referral Agencies were required to be notified for this application.
               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. MCU17/0024.02 to make a minor change to an existing approval
               for Entertainment & Dining Business Type 1 Food & Beverages and Type 2 Recreation,
               amusement and fitness situated at 4 The Esplanade Sunshine Beach and described as Lot 5 SP
               269274, Council on 17 December 2024 decided to:
               A.     Approve the change.

                                                                                                        Page 5 of 8

Document Set ID: 23391052
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Page 6

               B.     Amend condition 2 to read as follows:
               2.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below. The plans must be amended to incorporate the
                      amendments listed within the table below and resubmitted to Council for approval prior to the
                      issue of any Development Permit for Building Works*

                          Plan         Rev. Plan/Document Name                                 Date
                          No.

                          0000         A    Cover Page, drawn by Andrew Bock Architecture      February
                                                                                               2017

                          1002         B    Proposed Site Plan, drawn by Andrew Bock           March 2017
                                            Architecture

                          1003         B    Proposed Site Plan – Aerial Photo, drawn by        March 2017
                                            Andrew Bock Architecture

                          1004         B    Proposed Roof Plan, drawn by Andrew Bock           March 2017
                                            Architecture

                          1005         B    Proposed Upper Floor Plan, drawn by Andrew         March 2017
                                            Bock Architecture

                          1006         C    Proposed Ground Floor Plan (from IR response) ,    July 2017
                                            drawn by Andrew Bock Architecture

                          1007         A    Proposed Lower Floor Plan, drawn by Andrew         March 2017
                                            Bock Architecture

                          1008         B    Proposed Landscape Plan, drawn by Andrew           March 2017
                                            Bock Architecture

                          2001         B    Proposed Elevations, drawn by Andrew Bock          March 2017
                                            Architecture

                          2002         B    Proposed Elevations, drawn by Andrew Bock          March 2017
                                            Architecture

                          2003         B    Proposed Sections A & B, drawn by Andrew Bock      March 2017
                                            Architecture

                          2004         B    Proposed Sections C & D, drawn by Andrew Bock      March 2017
                                            Architecture

                          2005         B    Proposed Sections E & F, drawn by Andrew Bock      March 2017
                                            Architecture

                          3001         A    Perspective Views North and North West, drawn      February
                                            by Andrew Bock Architecture                        2017

                          3002         B    Perspective Views West and South West, drawn       March 2017
                                            by Andrew Bock Architecture

                          3003         A    Perspective Views East and North East, drawn by    February
                                            Andrew Bock Architecture                           2017

                                                                                                      Page 6 of 8

Document Set ID: 23391052
Version: 5, Version Date: 20/12/2024

Page 7

                          Plan         Rev. Plan/Document Name                                 Date
                          No.

                          3004         A    Perspective Views View to Entry and Deck           February
                                            Lounge, drawn by Andrew Bock Architecture          2017

                          3005         B    Aerial View showing Height line, drawn by Andrew   March 2017
                                            Bock Architecture

                          3006         B    Views showing Height line, drawn by Andrew Bock March 2017
                                            Architecture

                          4001         A    Colours and Textures of Sunshine Beach, drawn      February
                                            by Andrew Bock Architecture                        2017

                          4002         A    Proposed Material Palette, drawn by Andrew Bock    February
                                            Architecture                                       2017

                          SDD11 A           Main Level Floor Plan Proposed – Part Plan,        October
                                            drawn by Andrew Bock Architecture                  2024

                          SDE01        A    Main Level Floor Plan Proposed – Extg Terrace      October
                                            Glazing Southeast Elevation - drawn by Andrew      2024
                                            Bock Architecture
                                            Annotated by Noosa Council

                          SDE02        A    Main Level Floor Plan Proposed – Extg Terrace      October
                                            Glazing North East Elevation - drawn by Andrew     2024
                                            Bock Architecture
                                            Annotated by Noosa Council

                      The following plans require amendment.

                         Plan No.              Rev.   Plan/Document Name                          Date

                         SD-01                 1      ROOF CLOSURE CONCEPT – PAGE 01              JULY 22

                         SD-03                 -      ROOF CLOSURE CONCEPT – PAGE 03 – JULY 22
                                                      SECTION

                         Amendments            The envelope of the proposed roof is shown outside the site/ lease
                                               area and is not approved.
                                               Provide an amended plan and section which shows the roof within
                                               the site /lease area.

                      *(Refer to Advisory Note)




               C.     Include the following additional advisory note:




                                                                                                      Page 7 of 8

Document Set ID: 23391052
Version: 5, Version Date: 20/12/2024

Page 8

               ADVISORY NOTES:
                      Resubmission of Amended Documents Required
               1.     The conditions of this Decision Notice require resubmission of the plans to Noosa Council
                      with amendments for approval by the Manager of Planning. Please address the amended
                      plan/s to Council’s Development Assessment Branch with the Reference No.
                      MCU17/0024.02.




                                                                                                   Page 8 of 8

Document Set ID: 23391052
Version: 5, Version Date: 20/12/2024

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