2022-05-10 Planning and Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         10 MAY 2022


BACKGROUND
On 1 May 2003, Noosa Shire Council issued a Decision Notice for a Development Permit for a
Material Change of Use for Shire Business Centre – Stage 1 at 28 Eenie Creek Road, Noosaville,
also described as Lot 3 on SP246584.
The original approval includes a range of uses over the site. This application was subject to Impact
Assessment and required referral to the Department of Main Roads and the Department of Natural
Resources and Mines as advice agencies, and the Environmental Protection Agency (devolved to
Noosa Council) as a concurrence agency.
Since the completion of the development, several development approvals including change
applications and “generally in accordance” requests have been endorsed by Council.
ASSESSMENT
1.1   Statutory Instruments – Planning Scheme
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.
9.1   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 form of the
       development remains unchanged and the proposal does not introduce a new use;
      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.
9.2   Statutory Instruments – Planning Scheme
When the application was originally approved it was assessed against the provisions of the 1985
planning scheme, which included the 1997 Strategic Plan.
An objective of the 1997 Strategic Plan was for a master plan to be prepared to guide the overall
development process of the Shire Business Centre
On 24 May 2001, Council endorsed the document Shire Business Centre Master Plan: Stage 1
Concepts (MP1). MP1 provided a concept plan defining precincts for business, employment, open
space, recreation and residential uses as well as the concepts for dealing with traffic both internally
and externally to the site. The concepts contained in MP1 were consistent with the 1997 Strategic
Plan which permitted 15,000m2 of retail floor space within the Shire Business Centre.
Council then adopted MP2 on 10 April 2003 and it was considered a more refined level of planning
from MP1 and increased the total area of retail to 18,300m2.
Section 3.3 of MP2 states:
Section 19.3.1.2 of the Strategic Plan nominates retail development outcomes for the site of
     Retail shops of the order of 15,000m2 of floor space with a discount department store to be
      in the first stage
      o     Homemaker and showrooms of the order of 10,000m2

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