Minor Change Report 51991.438.01 (As Published)

               •      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.
               3.3. Statutory Instruments – Planning Scheme
               The original application was lodged and assessed under the now superseded now superseded
               1985 Planning Scheme and the associated Schedule to the 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 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:
               •      Tourist Accommodation Zone Code;
               •      Noosa Heads Local Plan Code;
               •      Entertainment Activities Code;
               •      Works Codes;
               Existing Condition 8
               The developer or operator shall to the satisfaction of Council provide for security personnel to patrol
               Bay Village Centre and adjacent public areas of Noosa Parade and Hastings Street during the
               hours of 12.00 midnight and 4:00 am for the purposes of prevention and restraint of unruly
               behaviour, undue noise, loud or foul language or abuse by patrons who have departed the
               premises.
               Applicant’s Request
               The applicant has requested existing Condition 8 be deleted.
               The applicant submits that the condition was imposed in 1991 in the context of a materially different
               venue configuration, trading hours, and regulatory environment, and is no longer necessary or
               proportionate given the current operation of the premises and contemporary patron management
               controls.
               Assessment of Request
               Condition 8 was originally imposed to manage late-night patron behaviour associated with a
               nightclub operating into the early morning hours under historical regulatory arrangements. Since
               that time, the operational characteristics of the premises have evolved, including a reduction in
               trading hours to a 2:00 am close, the introduction of mandatory ID scanning, the provision of in-
               house security personnel, comprehensive CCTV coverage with extended retention periods, and
               structured procedures for the management of patron dispersal.
               Collectively, these measures attempt to provide a contemporary management framework that both
               prevents and responds to disorderly behaviour associated with the use. In this regard, the current
               operational controls partially achieve the intent of Condition 8 without reliance on external public-
               area patrols for the full duration of 12:00 am to 4:00 am. Having regard to the statutory tests under
               section 65 of the Planning Act 2016, which require conditions to be relevant to the development
               and not an unreasonable imposition or reasonably required to address impacts arising from the
               use, it is considered that the removal or modification of Condition 8 is unwarranted.
               In considering the incident data and stakeholder feedback, including submissions from the Bay
               Village Body Corporate and the Hastings Street Association, it is evident that the most frequent
               and acute impacts associated with patron behaviour occur between 12:00 midnight and 4:00 am.
               On this basis, it is considered reasonable and proportionate to maintain the scope of Condition 8
               and not remove or amend the requirement for security personnel to patrol Bay Village Centre and
               adjacent public areas of Noosa Parade and Hastings Street.
               Accordingly, the request to remove Condition 8 is not supported based on the concerns raised by
               stakeholders (as summarised in Section 4.3 of this report). This will ensure that an explicit and
                                                                                                         Page 3 of 6

Document Set ID: 24665366
Version: 9, Version Date: 25/05/2026