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250820 Minor Change Request - 14 Hastings - Pool · 132004.240137.2

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    Our Ref: 24-418
    Council Ref: 2041/17/TP / 132004.240137.1

    20 August 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 / 132004.240137.1

    MATERIAL CHANGE OF USE – DEVELOPMENT PERMIT FOR SHOPS (12), MULTIPLE
    DWELLING, RESTAURANT, BARS – 14 HASTINGS STREET, NOOSA HEADS (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 (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, the
    Approval has been the subject of several Minor Change approvals for hotel room amalgamation
    (Council Ref: 132004.240137.1) and changes to the existing Food and Drink Premises (Council
    Ref: 132004.240022.2).

    It is also noted that an additional Minor Change application remains currently under assessment by
    Council for the purposes of additional amenities, relocation of car parking and changes to façade
    window (Council Ref: 132004.240022.3).

    This Minor Change application seeks approval to provide a small pool within one of the existing
    hotel rooms.

    We note that the subject room was amalgamated as part of the previous Minor Change Approval
    (Council Ref: 132004.240137.1). The room is located on the northern side of the hotel on Level 6.

    The proposed pool has dimensions of approximately 1.9m x 1.9m and is to be located within the
    north-eastern corner of the existing balcony. The design also includes stairs to the pool and a
    catch basin, as outlined in the attached plans.

    It is noted that the existing balcony is of sufficient size to accommodate the proposed pool as well
    as maintaining ample area for outdoor living.




Plan A Town Planning Pty Ltd              4/134 Constance St, 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 2 pages

Page 2

    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.

    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 purpose of Shops, Multiple Dwelling, Restaurants and Bars.
    • 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 relates to the inclusion of a small swimming pool within an
       existing hotel suite.




Plan A Town Planning Pty Ltd              4/134 Constance St, 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

    •     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 purpose of Shops, Multiple
          Dwelling, Restaurants and Bars.
    •     The change does not include removal of any component which would be integral to the operation
          of the development.
    •     The proposed changes will not adversely 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.

    We request that Council approve the below plans associated with this Minor Change Request:

        Plans / Documents                                   Drawing No.                 Prepared by                      Date
        General Arrangement Plans – Level 6                 A261 – Rev 2                Mills Gorman Architects          06/06/25
        Hero Suite Pool Proposal                            -                           -                                -

    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 amendments to the approved plans and
    conditions.

    Please find attached a copy of the 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 St, 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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