Council archive · source document
Minor Change Report 51988.2849.05 (As Published)
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Senior Town planner, Andrew Gaffney
Development Assessment
APPLICATION DETAILS
Application No. 51988.2849.05
Development Approval Multiple Dwelling of 20 units, 8 shops and 2 restaurants
Applicant Walt Construction Pty Ltd
Request Received On 19 March 2026
Report Reviewed By Ben Micallef – 2 June 2026
Decision Due Date
PROPERTY DETAILS
Property Address ‘On The Beach’ 49 Hastings St Noosa Heads Qld 4567
RP Description BUP 8884
Land Area 2,000m2
Existing Use of Land Multiple dwellings, shops and restaurants
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Hastings Street Mixed Use Precinct
Local Area Plan Noosa Heads
Overlays • Acid Sulfate Soils
Assessment Type Minor Change to Development Approval
1. PROPOSAL
The applicant seeks approval to change to an existing development approval to enable façade
alterations and additions to a mixed use shops and tourist accommodation building at 49 Hastings
Street, Noosa Heads.
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The changes involve the replacement and additions of new glazed awnings at ground level and
roof within the central area of the building to provide improved protection from the weather (ie rain
ingress into the building and within the building’s pedestrian areas).
The changes occur at two areas including;
Building entrances & central atrium
At ground level the proposed works (Figure 2) include the installation of new glazed awnings and
lightweight awnings across the existing ground level entry areas to the main building.
The work include fixed glass awning panels set back within the site supported on new and existing
pergola and beam structures with associated gutters and structural supports.
The works also include a new roof over the central building void to provide improved weather
protection at ground level for existing tenancies and the public throughfare to The Parade and
Main beach while retaining transparency, visual permeability and natural light penetration.
Ground level tenancies fronting Hastings Street
Works at the Hastings Street frontage (Figures 3 & 6) are limited to the tenancies fronting Hastings
Street and involve new glazed awning roof elements. It is noted that elements of the proposed
awning works are located over Council-controlled road reserve. These elements will require a
separate Permit for Infrastructure Works On or Over a Road from Noosa Shire Council prior to
installation.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Proposed Roof Plan Zone 1
Figure 3 – Proposed Roof Plan Zone 2
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Figure 4 – Proposed Sections
Figure 5 – Proposed Structure Zone 1
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Figure 6 – Proposed awnings at tenancies fronting Hastings Street
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Figure 7 – Proposed renders
2. BACKGROUND
June 1987 - TPC 1900. The application sought approval for 12 Multiple Dwellings capable of
being let as 12 X1 bed units or 12 Accommodation units. Council approved the
units and restaurant but limited the approval to 8 shops. Council’s approval was
issued in June 1987.
Nov 1987 - Building application was lodged which included the provision of 20 self-contained
units and possibly 11 shops. Advice was provided to the applicant at the time that
assessment of the building application could not proceed.
Amended building plans were submitted in February 1988 along with an
amending Town Planning application (TPC 2021). On 15 March 1988 a
development approval (TPC 2021) was issued for a Multiple Dwelling of 20 units,
8 Shops and 2 Restaurants.
21 Sept 2020 - Minor change to the existing approval was issued (51988.2849.03) which
involved replacements, refurbishments and landscaping.
15 June 2020 - Minor change to the existing approval was issued (51988.2849.04) which
involved upgrading an existing pool deck area.
The current application for additions and alterations to commercial property was received on 19
March 2026.
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; and
• Noosa Plan 2020 (26 September 2025).
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’.
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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 proposed
changes do not alter what the original approval allowed the site to be used for with the built
form changes being minor in terms of the overall scale and bulk of the existing development;
• 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 1985 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 pertinent issues arising from the application are discussed below:
Noosa Heads Local Plan Code - Built Form
The proposed awning extensions will not be visible from the beach side of the building and does
not propose any building works higher than the approved building at the site.
While the proposed new infill roof and ground level awnings will be visible from Hastings Street,
the front setbacks are considerable such that the building will retain a compatible scale with the
surrounding development and not present an appearance of bulk.
The new glazed roof over the central void will be lower (approximately 1.3 metres) lower than the
established roof level and includes glazed roofing elements. The roof is to provide weather
protection while retaining visual permeability, natural light penetration and sense of openness in
the central aera of the building. This outcome generally supports PO8 of the Noosa Heads Local
Plan Code by ensuring the building “sits lightly” and does not visually dominate internal or external
spaces.
Importantly, the central void enclosure does not interrupt key views or vistas identified under PO7,
nor does it adversely affect solar access or ventilation to adjoining premises. The use of
transparent glazing and lightweight structural framing maintains visual connectivity through the
building and reinforces the fine-grained, pedestrian-oriented character sought for Hastings Street
under PO12 and PO14.
Overall, the proposal represents an appropriate upgrade and replacement of the built form by
improving pedestrian and tenant amenity while remaining consistent with the scale, character and
design intent envisaged by the Noosa Heads Local Plan Code.
Site Cover
Previous assessments (TPC1900 & TPC2021) identifies that the proposed site cover of the existing
development is approximately 63%.
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Figure 8 – Approved development parameters TPC1900 and subsequent TPC2021
The officer’s report from 1987 highlights that the area of the arcade (12%) located at the ground
floor was included within the overall site cover of 63% (see Fig 8). The ground floor arcade includes
the pedestrian walkways and 11 shops which are covered by building and floors above and
generally reflects the current development at the site. The current Noosa Pan 2020 prescribes a
Site Cover of 45% and therefore any additional site cover would not be approved.
The proposal is justified with respect to site coverage as the arcade was included in the original
assessments for site cover and therefore the introduction of the glazed roof does not result in an
increase in site cover beyond the lawfully established extent approved for the site.
The proposed ground level awnings replace and lengthen established awnings at ground level
which are not considered to contribute to site coverage when assessed against the Noosa Plan
2020 planning scheme definition which excludes roof overhangs and sunhoods.
The proposed roof clearly provides improved weather protection and passive shading to pedestrian
and tenants within the internal plaza and pedestrian areas, rather than constituting additional
enclosed building forms or an additional storey outside the approved building form and is
supported.
Recommendation
It is recommended an additional condition be introduced to read as follows:
Approved Plans - May 2026
58. Additional approved plans are provided in the following table and may be amended by these
conditions and annotations on the plans.
Plan Rev Plan Name – Prepared by Date
No.
Zone 1 - Hastings Street Entrances & Atrium
279_206 P2 23.03.09
Roof plan, prepared by Maddock
279_203 Zone 2 - Husk & Copenhagen Roof plan,
P1 23.03.09
prepared by Maddock
279_302.1 Zone 2 - Husk & Copenhagen Wall sections,
P1 23.03.09
prepared by Maddock
279_301.1 Zone 1 - Hastings Street Entrances & Atrium
P1 23.03.09
structure, prepared by Maddock
279_301.2 Zone 2 - Husk & Copenhagen structure,
P1 23.03.09
prepared by Maddock
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4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
• Property
It is considered that the planning approval for the use/development may be issued in the first
instance, with any approval for the awning structure over Council-controlled road reserve to occur
as a subsequent and separate process, subject to detailed design, engineering and operational
assessment.
Should Council support the awning in principle, the applicant would subsequently be required to
obtain all relevant approvals associated with the structure within the road reserve, including:
• Permit for Infrastructure Works On or Over a Road;
• Building Approval through a private certifier;
• Structural engineering certification;
• Service authority clearances and approvals; and
• Any required operational works or infrastructure approvals.
To commence the application process for the Permit for Infrastructure Works On or Over a Road,
the applicant should be advised to submit all relevant information and supporting documentation
to [email protected] for assessment.
For inclusion within the Decision Notice, the following draft condition/advice note is suggested:
“Any proposed awning, shade structure or associated infrastructure located on, under or over
Council-controlled Road is not approved by this development approval.
Prior to the construction or installation of any such structure, the applicant/owner must obtain a
Permit for Infrastructure Works On or Over a Road from Noosa Council and any other required
approvals, including Building Approval and structural engineering certification.
To commence the application process, all relevant plans, engineering details and supporting
documentation are to be submitted to [email protected] may require the lodgement of a bond/security deposit as part of any approval for works
within the road reserve to ensure protection and reinstatement of public infrastructure.”
It is also noted that the Queensland Building and Plumbing Newsflash 608 highlights the ongoing
obligations of owners to inspect and maintain awnings over public land to ensure public safety and
structural integrity.
It is noted that elements of the proposed awning works are located over Council-controlled road
reserve. An advisory note will be included on the approval to clarify that these elements are not
approved as part of this development approval and will require a separate Permit for Works On or
Over a Road from Noosa Shire Council prior to construction.
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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. 51988.2849.05 to make a minor change to an existing approval for
Town Planning Consent - Multiple Dwelling of 20 units, 8 shops and 2 restaurants situated at On
The Beach 49 Hastings St Noosa Heads Qld 4567 and described as BUP 8884, Council on 2/06
2026 decided to:
A. Approve the change.
B. Include an additional condition 58 to read as follows:
Approved Plans - May 2026
58. Additional approved plans are provided in the following table and may be amended by these
conditions and annotations on the plans.
Plan No. Rev Plan Name – Prepared by Date
Zone 1 - Hastings Street Entrances & Atrium
279_206 P2 23.03.09
Roof plan, prepared by Maddock
279_203 Zone 2 - Husk & Copenhagen Roof plan,
P1 23.03.09
prepared by Maddock
279_302.1 Zone 2 - Husk & Copenhagen Wall sections,
P1 23.03.09
prepared by Maddock
279_301.1 Zone 1 - Hastings Street Entrances & Atrium
P1 23.03.09
structure, prepared by Maddock
279_301.2 Zone 2 - Husk & Copenhagen structure,
P1 23.03.09
prepared by Maddock
C. That an Advisory Note be included to read as follows:
Prior to the construction or installation of any awning, shade structure or associated
infrastructure located on, under or over Council-controlled Road, the applicant/owner must
obtain a Permit for Infrastructure Works On or Over a Road from Noosa Council (Property
Section) and any other required approvals, including Building Approval and structural
engineering certification.
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