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251120 Minor Change - Pool Decks - 14 Hastings Street · 132004.240022.4

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    Our Ref: 24-418
    Council Ref: 2041/17/TP

    20 November 2025

    The Manager
    Noosa Council
    PO Box 141
    Tewantin QLD 4565

    Dear Sir / Madam,

    REQUEST FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL IN ACCORDANCE
    WITH SECTION 81 OF THE PLANNING ACT 2016 – 2041/17/TP

    MATERIAL CHANGE OF USE – DEVELOPMENT PERMIT FOR SHOPS (12), MULTIPLE
    DWELLING, RESTAURANT, BARS – 14 HASTINGS STREET, NOOSA HEADS DESCRIBED
    AS LOT 7 ON RP802632

    We act on behalf of the Applicant, KL Noosa Properties Pty Ltd, with respect to the above land.

    In accordance with Section 81 of the Planning Act 2016, we request the Assessment Manager
    responsible for the application make a change to the approval in accordance with the details
    provided below.

    The approval was issued on (2041/17/TP (BA88/1210)) was issued on 12 December 1989 for
    Shops (12), Multiple Dwelling (169 units), Restaurant and Bars (2).

    The Approval has been subject to several changes since the time of approval. Most recently,
    including an approved change for the purposes of inclusion of additional facilities within the
    basement, relocating five (5) car parking spaces, and changes to façade windows (Council Ref:
    132004.240022.3)

    This Minor Change request seeks to amend the approved plans as follows:
        • Provision of three (3) poolside decking areas to the southern end of the pool area;
        • Removal of approximately 95m2 of landscaping to accommodate the poolside deck area;
           and
        • Provision of approximately 18m2 of landscaping area, to the southern side of the poolside
           deck areas.

    The abovementioned changes are considered to be minor in nature, relate to the existing uses and
    are for the purpose of providing improved functionality of the existing spaces.

    Given the high usage of the pool within the establishment, additional poolside seating and shading
    areas have been identified as required to accommodate demand.

    The proposed poolside decking areas are to include seating (including daybeds) and umbrellas for
    shading, and are to be located at the southern end of the existing swimming pool. No fixed
    furniture is proposed to be installed on top of the new pool deck areas.




Plan A Town Planning Pty Ltd              4/134 Constance Street, Fortitude Valley Q 4006   p 07 3846 0807          abn 17 634 960 937
Town Planning & Development Consultants   PO Box 13 Fortitude Valley Q 4006                 e [email protected]   www.planatownplanning.com.au
Full text of the other 3 pages

Page 2

    In order to facilitate these additional seating / shaded poolside areas, some existing landscaping is
    required to be removed.

    When selecting an area for these new poolside decks, consideration was given to accessways and
    thoroughfares, and this location was considered to be the most suitable whilst maintaining
    proximity to the swimming pool.

    The access stairways are to be retained, and replacement pool fencing will be appropriately
    constructed to comply with the relevant safety standards and guidelines.




    Figure 1 - Area of landscaping proposed to be removed (orange) and area to be retained as landscaping (green)

    We note that the available Approvals over the site do not specifically condition the provision of
    landscaping in this exact area. As such, the removal of a portion of the existing landscaping is not
    considered to adversely impact on the amenity of the resort. We consider that there is sufficient
    landscaping in other areas around the pool, and the removal of some of the landscaping will not
    have any detrimental impacts on amenity or guest experience. The pool area maintains a tropical
    atmosphere with ample landscaping and areas for seating and shade.

    We consider the proposed change consists of a “Minor Change” to the original Development Permit
    and we make this request to change a development approval under Section 81 as the modification
    constitutes a minor change under the provisions of the Act.

    A minor change means a change that –
    (b) for a development approval
        (i) would not result in substantially different development; and
        (ii) if a development application for the development, including the change, were made when
             the change application is made would not cause—
              a. the inclusion of prohibited development in the application; or
              b. referral to a referral agency, other than to the chief executive, if there were no referral
                  agencies for the development application; or
              c. referral to extra referral agencies, other than to the chief executive; or
              d. a referral agency to assess the application against, or have regard to, matters
                  prescribed by regulation under section 55(2), other than matters the referral agency
                  must have assessed the application against, or have had regard to, when the
                  application was made; or
              e. public notification if public notification was not required for the development application.


Plan A Town Planning Pty Ltd              4/134 Constance Street, Fortitude Valley Q 4006   p 07 3846 0807          abn 17 634 960 937
Town Planning & Development Consultants   PO Box 13 Fortitude Valley Q 4006                 e [email protected]   www.planatownplanning.com.au

Page 3

    Our assessment of the above is as follows:

    In relation to item (b) (i), the proposal would not constitute substantially different development.
    Substantially different development is outlined in Schedule 1 of the Development Assessment Rules
    under the Planning Act 2016 as follows:

         1) A change may be considered to result in a substantially different development if the
            proposed change:
            a) involves a new use; or
            b) results in the application applying to a new parcel of land; or
            c) dramatically changes the built form in terms of scale, bulk and appearance; or
            d) changes the ability of the proposed development to operate as intended; or
            e) removes a component that is integral to the operation of the development; or
            f) significantly impacts on traffic flow and the transport network, such as increasing traffic
                to the site; or
            g) introduces new impacts or increase the severity of known impacts; or
            h) removes an incentive or offset component that would have balanced a negative impact
                of the development; or
            i) impacts on infrastructure provisions.

    The proposal is not substantially different as outlined above on the basis that:
    • The proposal does not involve a new use and the uses of the site will remain as originally
       approved for the purposes of Shops, Multiple Dwelling, Restaurant and Bars uses.
    • The proposal does not apply to a new parcel of land and continues to apply to Lot 7 on
       RP802632.
    • The proposed change does not dramatically change scale, bulk and appearance of the existing,
       approved built form.
    • The proposal does not change the ability of the development to operate as intended. The
       premises will continue to operate as originally approved for the purposes of Shops, Multiple
       Dwelling, Restaurant and Bars uses.
    • The change does not include removal of any component which would be integral to the operation
       of the development.
    • The proposed changes will not alter traffic flow and the transport network.
    • The change will not introduce new impacts or increase the severity of known impacts.
    • The changes do not remove an incentive or offset component.
    • The changes do not impact on infrastructure provisions.

    On the basis of the above, the proposal does not constitute substantially different development.

    In relation to item (b) (ii) (a), the proposal does not include prohibited development.

    In relation to point (b) (ii) (b), (c) and (d), the original application was not subject to referral and the
    proposed change would not trigger any additional referral requirement or referral agency assessment.

    In relation to point (b) (ii) (e), the original development application was not subject to Impact
    Assessment.




Plan A Town Planning Pty Ltd              4/134 Constance Street, Fortitude Valley Q 4006   p 07 3846 0807          abn 17 634 960 937
Town Planning & Development Consultants   PO Box 13 Fortitude Valley Q 4006                 e [email protected]   www.planatownplanning.com.au

Page 4

    Changes to Plans
    We request that Council approve the below plans and documentation associated with this Minor
    Change Request:

      Plans / Documents                        Drawing No.                     Prepared by                             Date
      Plan Level 2                             WD03.02, Rev A                  DesignInc Brisbane Pty Ltd              04.05.2004

      Existing Demolition Plan                 1.40.01.01, Rev 01              Mitchell & Eades                        13.11.2025
      General Arrangement Plan                 1.40.01.02, Rev 01              Mitchell & Eades                        13.11.2025
      Floor Finishes Plan                      1.40.01.03, Rev 02              Mitchell & Eades                        13.10.2025
      Furniture Plan                           1.40.01.04, Rev 01              Mitchell & Eades                        13.11.2025

    In accordance with the above, we confirm that the change proposed is a minor change as outlined
    in Section 81 of the Planning Act 2016 and requires amendment to the approved plans only.

    It is requested that Council issue an invoice addressed to our Client such that we can arrange
    payment of the applicable fee.

    Please find attached the completed Planning Act Form for your records.

    We trust that the supplied information is sufficient for Council to address this matter.

    In the event that you do require clarification, or any further information please do not hesitate to
    contact the undersigned on (07) 3846 0807.

    Yours faithfully,
    Plan A Town Planning Pty Ltd




    Georgina McNee
    Senior Town Planner




Plan A Town Planning Pty Ltd              4/134 Constance Street, Fortitude Valley Q 4006   p 07 3846 0807          abn 17 634 960 937
Town Planning & Development Consultants   PO Box 13 Fortitude Valley Q 4006                 e [email protected]   www.planatownplanning.com.au

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