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Minor Change Report 51991.438.01 (As Published)

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               4.     Evidence indicates that late-night patron-related incidents persist, particularly between
                      midnight and 4:00 am, and would likely intensify if the condition were removed, contrary to
                      PO2 and PO11 of the Entertainment Activities Code, which require uses to be of an
                      appropriate intensity and effectively managed to avoid adverse impacts.
               5.     The applicant has not demonstrated that alternative measures would provide an equivalent
                      or enforceable level of impact management or achieve the approved amenity outcomes, as
                      required to meet PO11 and PO12 of the Entertainment Activities Code (management of
                      impacts and hours of operation).
               6.     The proposed change is contrary to the public interest, as it would increase reliance on
                      external agencies and diminish safety, amenity and public realm quality, inconsistent with:
                      a.      Overall Outcomes (2)(l), (u) and (z) of the Noosa Heads Local Plan Code, which require
                              a safe, vibrant, pedestrian-friendly environment with high amenity; and
                      b.      Entertainment Activities Code overall outcomes, which require a safe and secure
                              environment for patrons and the community.
               7.     The change is inconsistent with the planning scheme, including:
                      a.      PO2 and PO3 of the Tourist Accommodation Zone Code, requiring non-residential
                              uses to be compatible with and ancillary to accommodation and not compromise
                              amenity or the function of the zone;
                      b.      PO2, PO12 and PO14 of the Noosa Heads Local Plan Code, which require
                              development to contribute to local amenity, maintain Hastings Street as a high-amenity
                              visitor destination and reinforce its pedestrian-focused character; and
                      c.      PO2 and PO4 of the Entertainment Activities Code, requiring entertainment uses to be
                              compatible with locality character and avoid adverse impacts.
               8.     Removing Condition 8 would reduce the ability to manage off-site behavioural impacts,
                      increase the likelihood of disturbance incompatible with surrounding sensitive uses, and
                      contribute to cumulative late-night impacts, contrary to Overall Outcomes (2)(c) and PO2 of
                      the Entertainment Activities Code, which require consideration of cumulative impacts and
                      suitability of scale and intensity.
               9.     The change does not demonstrate compliance with Performance Outcomes requiring that:
                      a.      Uses coexist without adverse amenity impacts, contrary to Overall Outcome (2)(i) of
                              the Tourist Accommodation Zone Code; and
                      b.      Development contributes to and protects local amenity, contrary to PO2 and PO8 of
                              the Noosa Heads Local Plan Code.
               10.    The removal of Condition 8 undermines the proactive and comprehensive management of
                      operational impacts required by the planning scheme, and is inconsistent with:
                      a.      PO11 of the Entertainment Activities Code, requiring an operational management
                              framework addressing patron behaviour, crowd control and safety; and
                      b.      PO11 and PO27 of the Noosa Heads Local Plan Code, which seek to maintain a high-
                              quality, pedestrian-oriented public realm and avoid adverse amenity impacts within the
                              Hastings Street precinct.




                                                                                                        Page 6 of 6

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

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