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250422 Minor Change Letter - 14-16 Hastings Street · 132004.240022.2
Our Ref: 24-418
Council Ref: 2041/17/TP
22 April 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 (169 UNITS), RESTAURANT, BARS (2) – SOFITEL NOOSA PACIFIC RESORT 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 (BA 88/1210)) was issued on 12 December 1989 for Shops (12),
Multiple Dwelling (169 units), Restaurant and Bars (2).
This Minor Change seeks changes to the Food and Drink premises on Level 2 and the Bathroom
Facilities on Level 1. The changes are generally summarised as follows:
▪ Existing terrace area to be utilised for dining area on western side;
▪ Removal of private dining room;
▪ Reconfiguration of buffet area and bar layout internal to building;
▪ Expansion of laneway area to the eastern side; and
▪ Change to bathroom facilities on Level 1.
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.
It is acknowledged that there are currently two (2) applications under assessment by Council.
These pending applications relate to the accommodation rooms and are not directly related to this
Minor Change application which primarily relates to the Food and Drink component.
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.
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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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 re-use of existing areas.
• 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 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.
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 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.
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 approved plans only.
The application fees would be $4,030 for a change application under Section 81 of the Planning
Act.
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 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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