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Change to a Development Approval 132009.1102.02
SCRC CORRESPONDENCE
4 I I I I I I I I I I I I I I I I I I I I I I I I I I@ J ~QOoq_J lO~~ o~
Coasl 2012/13 Regional Strategy and Planning
ISU1lshlne
COLJrlc,1 Request to Change EXlstmg Approval and/or Extension to Relevant Period
Sustainable Planning Aot 200(}
Development Information CounterT: 547575261 Maroochy on Fi~JO/1It Avenue Marooch dore
ALL questions MUST be completed unless the form Indicates otherwise.
This form must be submitted to Council accompanied by the applfcable fee.
Attach extra pages if there Is insufficient space on the form.
If Council was the Assessment Manager for the existing approval, and the approval was Issued by the Court, then;O
(a)a request to change the development approval and/or conditions Is made to the Court; and
(b)a request to extend the relevant period for the approval is made to Council.
I All terms used on the form have"1he meaning given in the Sustainable Plaruning Act 2009 or the Sustainable Planning Regulation
2009.
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Full name -
individual or company tt.Q...,-))\ t\.Jt.t ~
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Type of approval (pleasetick ALL applicable categories) Which entity issued approval?
fii"" Development Permit gI"Sunshine Coast Council
o Preliminary Approval o O1her entity -
please specify
o Compliance Permit
Q’"’ Material Change of Use
I 0 Reconfiguring a Lot
!0 Operational Works
10 Building Works
I 0 Plumbing Drainage Wofks or
,
I 0 Compliance Certificate I
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: Environmentally Relevant Activity .
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iAPp icati~~ ~u~~~/~~n~il ~~ference 13J_Ocq -//01- 0/ Date issued (30- .. 2-0{I !
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Is the approval for a mobile and temporary ERA? .E(’ No o Yes -
complete below
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Insert the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating
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Deve:opmer1t Counter
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1 9 SEP ZOlZ
["prIV~CY
I Council will use any personal information provided for the intended purpose on y and for remaininW!J;l. IJ!itct.w.ittLYou. Council is
authorised to collect this information in accordance with the Local Govemment~ct
2009 and other tmdlf~Mf.rl’m’lnt Acts. Your
I personal information is only accessed by persons authorised to do so. Your persoo
council’s privacy policy.
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alion is dealt with in accordance with
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To change the development 0 To change the development 0 To extend the relevant period
conditions before lapsing
_appro~~I_ ____.__._..
. _ __
1 Please attach documentation outlining the detail of and the rea$ons and Justification fOr the ...qu.,.ted changA
or
I extension.
.
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for request?
t-i~a ’pre-reques~ re~onse been given .by
r~I~~~~!_elnt (e.~_a_(:~n~urrence agency~ this
ty
a
rn’No 0Yes
: .
llf yes, please attach a copy of the notice.
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Tal;lle B - owner’s consent provided on form
,
Owner’s name/s
Ne:vOL I Owner’s namets
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IlWe, the above-mentioned ownerls and, consent, I The owner’s written consent i~ ~tta~hed.
to the
,Signaturets’
~~~n9 of th;s request.
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20f4 2012/13 Regional Strategy and Planning Request to Chango Existing Approval and/or Extension to Relevant Period FM3002s
Page 3
.....
CO sl 2012/13 Regional Strategy and Planning
I Sunshine
Council Request to Change EXisting Approval ancl/or Extension to Relevant Period
NOTES: For queatlon 7
Under section 371 of the Sustainable Planning Act 2009, if the person maklt,g the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner’s consent
However, owner’s consent Is not required If the approval;
relates to land .the wail aCquisition land to which section 263(2)(d) of thI~ Sustainable Planning Act 2009 applied when the
application for the approval was made; or
is for building work or operational work for ttle supply of community Infn3structure on land designated for the oommunity
Infrastructure; or
the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act 2009 if a development
applcation were made for the requested change.
Also, owner’s consent is not required if the Assessment Manager is satisfied that
the number of owners of the land make it Impractical to obtain owners’ ronsent, and the requested change does not materially
affect the owners’ land; or
having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the requested change
’
does not materially affect the owner’s land.
Nature of State owned resource:
Nature of Evidence required:
o ..~~~~~~_~f~~? ~?_n_9~( ~~t~’~~~~!~ ~e.:~.~rc~ r[:J-E~i’d-~~~.~~e ~~:!:!~ ~uti’;e-ha~ ~g~e~!? t~~ reci.ue~t
Attach a copy of the evidence requIred above I
NOTES: For question 8
Section 370(3) and (4)of the Sustainable Planning Act 2009 requires that if an application for the development approval were made at
the time of making this request and evidence under section 264(1) of the Sustanable Planning Act 2009 would be required to support
i the application, this request must be accompanied by the written agreemen1t of the chief executive from whom evidence would be
I required under section 264(1).
If
Section 264 of the Sustainable Planning Act 2009 provides that a development a resource, a regulation may require
involves State
i the Schedule 14 of the Sustainable
I
to be
application certain evidence
supported by under
prescribed
regulation. Planning Regulation
1.2~~.~~_!>~.s_t~~ ~l!.~~~~so~r~~ for whi_~~!.v~e.~~ .i~ r~!~~~ be gillen, and the evidence required, to support the applicatio~~ .J
I/We, the applicant, declare that the above information is correct in all respects, at the time of lodgement of this
application with the Sunshine Coast Regional Council. Should any of the details given in relation to this application be
changed in the future, the applicant shall advise the Sunshine Coast Regional Council in writing prior to any such change
being implemented.
Signature/s i Date
Privacy
Council will use any personal information provided for the intended purpose only and for remaining in contact with you. Council is
aulhorised to collect this information In accordance w th Ihe Locar Government Act 2009 and other Local Government Acts. Your
personal information is only accessed by persons authorised to do so. Your personal information is dealt with in accordance with
I’ council’s privacy policy.
www.suJlllhlnecout.qlcigov..ulmail necooslqld.gov.auIT 10754757272 F 07 5475 T2I7
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Nambour GfIIce Cnr Cure nd Bury streets Nambour Old 4560 I T......I~ oIIce 9 PeliCIIII Street T~QId ~
3 of 4 2012/13 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM3002s
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Payment options
; In person
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I ,?ustomer service centres: 8,30 am to 4.30 pm Mondar to ~~Iday (e.xclude.~ pu?lIc hohday’~~,
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iBymail Cheque or money order to be made payable to: suns~il1e Coast Re~ional Council.
10 Cheque 10 Money order !I:J Mastercard ! 0Visa
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Card number !Expiry date Amount $
:Name on card i S gniture of cardholder
Phone l; :Is a receipt required? 0Yes 0No
4of4 :2012/13’Regional Strategy and Planning Request to!Change Exiiili g pprov l ci d/or EXteris on to R levant Period FM3002s
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Page 5
Council Reference: 132009.1102.1
Our Reference: 01376 L03 NG
19th September 2012
martoo
consulting _
pty Itd
town planners +
Chief Executive Officer urban designers
Sunshine Coast Regional Council
--=F surveyors
Locked Bag 72 Oevelopment
SUNSHINE COAST MAIL CENTRE 456(
Counter
19 SEP 2012
Attention: Planning North -
Jack Le,~is
Tewantin
Dear Sir/Madam
RE: LODGEMENT OF PERMISSABLE CHANGE TO A DEVELOPMENT APPROVAL
APPLICATION TO CHANGE DEVELOPMENT APPROVAL -
09/1102 FOR EXTENSION TO A
ENTERTAINMENT & DINING BUSINESS TYPE 1 (FOOD & BEVERAGE) OVER PREMISES AT
6/32 HASTINGS STREET NOOSA HEADS DESCRIBED AS LOT 6 ON SP120366
Martoo Consulting has been engaged by Never Holdings Pty Ltd as the applicant for the above
proposal, to submit permissible change for a development approval to convert the existing
a
approved shop to a restaurant at 6/32 Hastings Street, Noosa Heads.
The subject site comprises shop 6 located at 32 Hastings Street, Noosa Heads. The premises are
contained in an existing commercial and residential complex, which includes retail tenancies at ground
level facing Hastings Street and a Resort hotel to the rear known as the Sebel Hotel. The premises have
been used for a delicatessen and a shop with associated outdoor dining.
In September 2011, Council approved an application for a Permissible Change for a Retail Business
Type 2 (Shop & Salon) and Entertainment & Dining Business Type 1 (Food & Beverage) to enable
enclosure of 21 m2 of approved outdoor dining area to the east of the existing building.
The applicant has undertaken these works and now has a tenant who wishes to utilize the entire
premises for a Restaurant and outdoor dining.
It is noted that the premises were originally approved in January 2010 for Retail Business Type 2 -
use area of 86 m2 and Entertainment & Dining Business Type 1 (Food & Beverage) for
Sho~ of outdoor
40m dining area under 2009/1102 with the permissible change in 2011 approving
enclosure of 21 m2 Of the approved outdoor dining.
In support of the proposal the following is noted:
. The premises have previously been approved for use as a restaurant;
. There is an existing Entertainment & Dining Business Type 1 (Food & Beverage)
premises on site;
. Internal alterations are proposed to the building;
. The proposed restaurant is consistent with surrounding uses and the character and
desired intent for the area.
SUNSHINE COAST OFFICE GYMPIE OFFICE
13/6 BOTTLEBRUSH AVENUE, NOOSA HEADS PO BOX 1684 NOOSA HEADS Q 4567 38 NASH STREET, GYMPIE PO BOX 391 GYMPlE Q 4570
TELEPHONE: (07) 54472550 FACSIMILE: (07) 5455 3322 TELEPHONE: (07) 5482 7440 FACSIMILE: (07)5482 4952
[email protected] [email protected]
Page 1
Page 6
Sustainable Planning Act
Section 367 of the Sustainable Planning Act defines a permissible change for a development
approval as:
(1)A permissible change, for a development approval, is a change to the approval that
would not-
(a)result in a substantially different development; or
(b)if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not
require impact assessment-require impact assessment; or
(c)for an approval for assessable development that previously required impact
assessment-be likely, in the responsible entity’s opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
or
(d)cause development to which the approval relates to include any prohibited development.
The proposal is considered to comply with the requirements of the Sustainable Planning Act as
detailed below:
(a) result in a substantially different development;
The proposed restaurant use is consistent with the existing approval on site and does not
result in a different development
(b)if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not
require impact assessment-require impact assessment; or
No concurrence agencies would be triggered by the proposal and the level of
assessment has not altered.
(c)for an approval for assessable development that previously required impact
assessment-be likely, in the responsible entity’s opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
It is unlikely that a person would make a submission objecting to the proposed change
as the premises are currently approved for retail and dining purposes and the proposed
restaurant is consistent with expected character of the area.
(d)cause development to which the approval relates to include any prohibited development.
Not prohibited development.
The proposal is therefore considered to be able to be considered as permissible change.
Noosa Plan
The site is included in the Noosa Heads Locality and the Visitor Mixed Use zone which supports a
range of unit and commercial development. With regard to carparking, the proposal involves a
change of use from a shop to a restaurant. The approved shop and outdoor dining area would have
been assessed for 8 carparking spaces whereas the restaurant would now only require 6 spaces
based on an estimated use area of 54m2 excluding the kitchen and storage area. Therefore no
additional carparking or charges are applicable.
Page 2
Page 7
4. CONCLUSION
The proposal is considered to be a permissible change and is consistent with the provisions of the Noosa
Plan. The applicant seeks Council support for the proposal.
The attached development application includes:
four (4)copies of the proposal plans prepared by Thompsett Architecture.
a completed Council form; and
a cheque for $2653.00 which is understood to be Council’s application fee.
The Assessment Manager’s favourable consideration of the above development application is therefore
recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.
Yours sincerely
~cOdQ
Nadine Gorton
Senior Town Planner
Martoo Consulting pty. Ltd.
Page 3
Page 8
Attachments
Attachment 1 Proposal Plans
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Page 4
[OCR of page images]
Attachments
Attachment 1 — Proposal Plans
Page 4
Page 9
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