Change to a Development Approval 132009.1102.02

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.



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