Planning Statement

        Page 4

      (2) For deciding whether a change is a permissible change under subsection (1)(b) or (d), the
      planning instruments or law in force at the time the request for the change was made apply.

The proposed works are considered a permissible change as:

a) The proposed works do not change the approved restaurant use currently existing on site and is
consistent with the Statutory Guideline 06/09 Substantially different development when changing
applications and approvals as detailed below:

      • involves a new use with different or additional impacts - no new use proposed on site. Works are associated with
        restaurant use approved for the site.

      • results in the application applying to a new parcel of land – no changes to the existing parcel of land.

      • dramatically changes the built form in terms of scale, bulk and appearance – proposed works replace and update
        existing external walls and roof. Works do not dramatically alter the building form on site.

      • changes the ability of the proposal to operate as intended. For example, reducing the size of a retail complex may
        reduce the capacity of the complex to service the intended catchment – proposed works improve functioning of site
        through the provision of new kitchen and defined dining areas.

      • removes a component that is integral to the operation of the development – no components of existing restaurant
        removed.

      • significantly impacts on traffic flow and the transport network, such as increasing traffic to the site – proposed
        works will not impact on traffic flow as existing premise approved for restaurant and outdoor dining.

      • introduces new impacts or increases the severity of known impacts - no new impacts introduced as restaurant use
        remains the same.

      • removes an incentive or offset component that would have balanced a negative impact of the development – not
        applicable.

      • impacts on infrastructure provision, location or demand. – proposed works do not impact on existing infrastructure.

        b) i) No concurrence agencies are triggered by the proposed works.
        b) ii) Do not require impact assessment.
        c) Not applicable as the works do not require impact assessment.
        d) Restaurant use is a consistent use in the Visitor Mixed Use zone in which the site is
        contained.

The proposed works are considered to be a permissible change to the approval.


5. ASSESSMENT

The site is included in the Noosa Heads Locality which provides a Visitor Mixed Use zoning over the
property. The proposal has been reviewed against the provisions of the Noosa Plan and is considered to
generally fulfill the provisions of the planning scheme.

The proposal does not increase site cover, gross floor area or affect landscaped open space
requirements as it replaces existing sail structures on site that are located over approved outdoor dining
areas. The proposed internal works modernize and update the existing kitchen whilst the replacement
awnings and roof refresh the appearance of the site.

It is noted the approved plans of TPC 2696 (restaurant and outdoor dining area) indicate outdoor seating
across the front and side of the premises with two small areas of landscaping provided on the south
boundary of the site. The approved plans and conditions also do not detail a setback for the outdoor
dining.

The Noosa Plan 2006 details a building setback of 2 metres (with an average of 4 meters) for ground floor
premises. It is noted that the current restaurant provides no landscape planting or setback to the street
with seating extending to the boundaries of the site. This application seeks to clearly define the dining
area associated with the use by providing new landscape garden beds and seating area setback
0.6metres to 1.3metres across the frontage of the site in combination with a new balustrade and timber