Minor Change Report 132004.240137.1 (As Published)

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                    Assessment Type             Minor Change to Development Approval



               1.     PROPOSAL
               The applicant seeks approval to change an existing development approval by amalgamating two
               of the hotel rooms by undertaking internal works. This results in a reduction in the number of
               approved rooms from 169 to 168.
               The locality and proposal plan are included below.




                                                      Figure 1 – Locality




                                                     Figure 2 – Floor Plan



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               2.     BACKGROUND
               The Sofitel Noosa Pacific Resort (previously known as the Sheraton Noosa Resort) is not the
               subject of an existing town planning approval, as it was developed by Suncorp, as an agency of
               the State Government. Consequently, the development built did not comply with the Planning
               Scheme in force at the time of construction and does not meet the current Planning Scheme
               provisions for Hastings Street. Those circumstances have changed, and the hotel is now subject
               to the Planning Scheme and relevant provisions affecting the Residential High Density Zone that
               apply to the site.
               Since the development of the resort a range of approvals have been given for modifications to the
               building, with the approvals relevant to this application including:
               02382 – Conversion of the Chart House Restaurant to a day spa and changes relating to the first
               floor level involving the reception area, shops and lounge bar, which was approved 16 March 2000.
               02382 – Further amendments to the Day Spa and coffee lounge, which were approved August
               2000.
               23693 – This approval (29 April 2004) included some of the changes approved on 16 March 2000,
               which had not been completed and includes some remodelling of the upper level games room,
               meeting rooms, and Cato’s kitchen facilities, relocation of a furniture store area and increase in
               retail shop area of 22.5m2.
               132004.240137 - Application converting existing unused office areas on the third level into 6 x one
               bedroom accommodation units which were not self-contained (ie. no kitchens) and changes to
               basement car parking arrangements to provide additional car parking spaces for the new units.
               ASSESSMENT
               2.1. 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 (25 September 2020).
               2.2. 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:
                      o    involve a new use; or
                      o    result in the application applying to a new parcel of land; or
                      o    dramatically change the built form in terms of scale, bulk and appearance; or
                      o    change the ability of the proposed development to operate as intended; or
                      o    remove a component that is integral to the operation of the development; or
                      o    significantly impact on traffic flow and the transport network, such as increasing traffic
                           to the site; or
                      o    introduce new impacts or increase the severity of known impacts; or
                      o    remove an incentive or offset component that would have balanced a negative impact
                           of the development; or
                      o    impact on infrastructure provisions.
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               •    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.
               2.3. Statutory Instruments – Planning Scheme
               The original application was lodged and assessed under the now superseded 1985 planning
               scheme (Strategic Plan). 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 following codes from Noosa Plan 2020 are applicable to this development:
               •      Tourist Accommodation Zone Code;
               •      Noosa Heads Local Plan Code;
               •      Visitor Accommodation Code;
               •      Works Codes;

               The proposed amalgamation of 2 rooms raises no concerning noting:
                  • Works are internal.
                  • The use remains consistent with existing state approval and Tourist Accommodation zone.
                  • No increase in car parking required.
                  • Nature of works does not trigger assessment against overlays noting an exemption
                      certificate has already been provided for Flood Hazard Overlay.
               The works require the insertion of additional condition 18, to read as follows:
               Additional Condition 30 April 2024
                      18. Works to amalgamate rooms 605 and 607 are to be undertaken in accordance with plan
                          1.09.01.01 DM Demolition Plan dated 5 March 2025, prepared by Mitchell and Eades.



               3.     CONSULTATION
               3.1. Referral Agencies
               Not applicable
               3.2. Internal Council Referrals
               Not applicable
               4.     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. 132004.240137.1 to make a minor change to an existing approval
               for Material Change of Use – Convert Offices to Accommodation Buildings situated at Sofitel Noosa
               Pacific Resort 14 Hastings St Noosa Heads Qld 4567 and described as Lot 7 RP 802632, Council
               on 30 April 2025 decided to:
               A.     Approve the change.
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               B.     Include the following additional condition:
               Additional Condition 30 April 2024
                      18. Works to amalgamate rooms 605 and 607 are to be undertaken in accordance with plan
                          1.09.01.01 DM Demolition Plan dated 5 March 2025, prepared by Mitchell and Eades.




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Document Set ID: 23711537
Version: 4, Version Date: 30/04/2025