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Minor Change Report 132002.220285.I (As Published)

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Development Planner, Tiani Bird
                                       Development Assessment


                    APPLICATION DETAILS

                    Application No.                  132002.220285.I

                    Development Approval             Development Permit for Material Change of Use – Shire
                                                     Business Centre – Stage 1

                    Applicant                        Stockwell Development Group Pty Ltd

                    Request Received On              11 August 2025

                    Report Reviewed By               Nadine Gorton 27.10.2025

                    Decision Due Date                8 September 2025


                    PROPERTY DETAILS

                    Property Address                 28 Eenie Creek Rd Noosaville Qld 4566

                    RP Description                   Lot 1 SP 322201

                    Land Area                        12.7849 ha

                    Existing Use of Land             Shire Business Centre – Stage 1

                    STATUTORY DETAILS

                    SEQRP Designation                Urban Footprint

                    Zone                             Major Centre

                    Precinct                         5A Business Park Precinct

                    Local Area Plan                  Noosaville

                    Overlays                         Land Subject to Acid Sulfate Soils
                                                     Biodiversity, Waterways & Wetlands
                                                     Bushfire Hazard

                    Assessment Type                  Minor Change to Development Approval



               1.      PROPOSAL
               The applicant seeks approval to change an existing development approval to include a new
               outdoor dining area which relates to an existing bakery, brown rice sushi tenancies, and new
               tenancies within the established Noosa Civic development. The applicant seeks to change the
               approval in the following ways:
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Document Set ID: 24090639
Version: 6, Version Date: 29/10/2025
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                    • Amend the list of approved plans included within Condition 226
                    • Remove Condition 227 relating to the number of outdoor seating.
               The original approval allowed a total of 559m2 of outdoor dining area and the proposal does not
               seek to increase the area however reallocate these areas and formalise their extent by adding the
               additional awnings for outdoor dining weather protection. The total areas proposed for each
               tenancy are included in the table below:

                Tenancy                                          Area Proposed

                T1063 (SG Bakery)                                15m2

                T1062 (Brown Rice)                               53m2

                T1035A/B (Future)                                326m2

                T10140 (Civic Social)                            205m2


               The locality and proposal plan are included below.




                                                       Figure 1 – Locality




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                                       Figure 2 – Site Plan Overall Outdoor Dining Areas




                                                    Figure 3 – Awning Plan




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                                       Figure 4 – Floor Plan




                                       Figure 5 – Elevations




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               2.     BACKGROUND
               The site is subject to a number of development approvals, with the original development
               application lodged under the 1990 Schedule to the Planning Scheme and 1997 Strategic Plan.

               On 14 August 2003, a Development Permit for a Material Change of Use was issued for the
               Shire’s Business Centre – Stage 1 of Noosa Civic (Council Ref: 132002.220285) on the subject
               site. Since that time a number of applications have been lodged and approved generally to
               facilitate new tenants and provide for minor updates to the centre.
               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.

               Under the current development approval, a total of 599m2 of outdoor dining areas are permitted
               in total. The proposal does not seek to increase this amount.
               An extract of the existing approved outdoor dining areas is included below:




                                             Figure 6 – Existing Outdoor Dining Areas




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                                                                                                               ’
                                               Figure 7 – Existing Outdoor Dining Areas

               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


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                      o     remove an incentive or offset component that would have balanced a negative impact
                            of the development; or
                      o     impact on infrastructure provisions.
               •      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 1990 planning
               scheme. 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 (25 September 2025) 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:
               •      Major Centre Zone Code;
               •      Noosaville Local Plan Code;
               •      Business Activities Code;
               •      Works Codes;
               •      Bushfire Hazard Overlay Code.
               Existing Condition 226 and 227
               Additional Conditions 13 April 2006 (Outdoor Dining)
               226. Development undertaken in accordance with this approval must generally comply with the
                    approved plans of development. The approved plans are numbered 24089 Sk06 Issue B;
                    24089 SK05 Issue C; 24089 SK07 Issue C prepared by Jeremy Ferrier Landscape Architect
                    and dated August 2005; and RET0017 E - P1 prepared by Thomson Adsett Architects dated
                    12 July 2005 and as may be amended by these conditions.
               227. Only ancillary dining facilities associated with Showroom 4 in Area 1 are permitted and no
                    greater than 10 chairs shall be provided within either the premises or adjacent outdoor area.
               Applicant’s Request
               The applicant has requested existing condition 226 be amended to include the additional area
               plans as outlined within the table below:




               As a consequence of altering the outdoor dining areas within the approved plans, the applicant
               has additionally requested condition 227 is removed as the areas approved limits the extent of
               outdoor dining.
               Assessment of Request

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               Agree
               The existing approval allowed a total of 559m2 of outdoor dining areas. The plans submitted now
               seek to alter the existing approval by allowing additional awnings to provide weather protection for
               these areas and reallocate the location of these areas. The development does not seek to increase
               the 599m2 of existing outdoor dining and does not impede on the ability of operation to surrounding
               development. As the proposal does not increase the area approved for outdoor dining, no
               additional parking is required. The proposal provides greater formality to the extent of outdoor
               dining and greater defines the extent of total area approved on site. As the original approval limited
               the number of seating within the outdoor dining areas, the applicant seeks to remove Condition
               227. This is supported as the approved plans and 559m2 of outdoor dining areas limits the extent
               of outdoor dining guests and is no longer applicable to the development.
               Recommendation
               It is recommended existing condition 226 be amended to read as follows:
               Additional Conditions 13 April 2006 and 16 October 2025 (Outdoor Dining)
               226. Development undertaken in accordance with this approval must generally comply with the
                    approved plans of development. The approved plans are numbered 24089 Sk06 Issue B;
                    24089 SK05 Issue C; 24089 SK07 Issue C prepared by Jeremy Ferrier Landscape Architect
                    and dated August 2005; and RET0017 E - P1 prepared by Thomson Adsett Architects dated
                    12 July 2005 and as may be amended by these conditions. and the Approved Plans listed
                    in the table below.

                         Plan No.           Rev.    Plan/Document Name                             Date

                         BA0800             G       Site Plan – Outdoor Dining, prepared by 14/10/2025
                                                    Stockwell

                         DA900              D       Site Plan     –   Existing,   prepared    by 10/07/2025
                                                    Stockwell

                         DA901              D       Site Plan – Awning Location, prepared 10/07/2025
                                                    by Stockwell

                         DA1001             D       New Awning Plan, prepared by Stockwell 10/07/2025

                         DA1003             D       New Awning – Elevation, prepared by 10/07/2025
                                                    Stockwell

               It is recommended existing condition 227 be deleted.

               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
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               With regard to Application No. 132002.220285.I to make a minor change to an existing approval
               for Development Permit for Material Change of Use – Shire Business Centre – Stage 1 situated at
               28 Eenie Creek Rd Noosaville Qld 4566 and described as Lot 1 SP 322201, Council on 16 October
               2025 decided to:
               A.     Approve the change.
               B.     Amend conditions 226 to read as follows:
               Additional Conditions 13 April 2006 and 16 October 2025 (Outdoor Dining)
               226. Development undertaken in accordance with this approval must generally comply with the
                    approved plans of development and the Approved Plans listed in the table below.

                         Plan No.             Rev.   Plan/Document Name                            Date

                         BA0800               G      Site Plan – Outdoor Dining, prepared by 14/10/2025
                                                     Stockwell

                         DA900                D      Site Plan – Existing, prepared by Stockwell   10/07/2025

                         DA901                D      Site Plan – Awning Location, prepared by 10/07/2025
                                                     Stockwell

                         DA1001               D      New Awning Plan, prepared by Stockwell        10/07/2025

                         DA1003               D      New Awning – Elevation, prepared by 10/07/2025
                                                     Stockwell

               C.     Delete condition 227.
               D.     Correct Approval Date within Condition 4 of the Decision Notice from 17 April to 30 April.
               E.     Correct administrative errors within the Decision Notice history box.




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Document Set ID: 24090639
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