2021-03-09 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      9 MARCH 2021


2.   BACKGROUND
A development approval for an Other Change to a Development Approval for Entertainment and
Dining Business - Type 1 Food & Beverages and Retail Business - Type 2 Shop & Salon was
approved on 16 January 2020. The Other Change included:
    a change to the originally approved ‘retail shop’ use to restaurant and shop;
    a 29m2 extension to the building, which had been an existing unapproved structure; and
    conversion of the existing 27m2 single car garage to use area for a restaurant.
An inspection by a Compliance Officer was carried out in December 2020, which showed the
development not complying with a number of conditions of approval. A Show Cause Notice was
subsequently issued listing the following non-compliance matters:




The subject Minor Change application was lodged on 29 January 2021 to address a number of the
non-compliances with the existing approval.
It is noted the applicant has advised that the additional non-compliances listed above are not being
addressed through this change application (screening of the cold room and line marking car
parking) as they have now been complied with.

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 2020.
The following codes from the Noosa Plan are applicable to this development:
     Tourist Accommodation Zone Code;
     Noosaville Local Plan Code;
     Business Activities Code; and
     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’.


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