2020-05-18 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                   18 MAY 2020


2.   BACKGROUND
A development approval for a new surf club was issued on 19 October 2017. This approval has
been acted on and a new building was constructed in 2019, with the associated car park and
landscaping. The Surf Club entertaining and dining component had been operating from the new
building for approximately 3 months until recently (due to COVID-19 restrictions).




                                       Figure 2 – Surf Club

3.   ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
   State Planning Policy;
   South East Queensland Regional Plan;
   Planning Regulation 2017;
   The Noosa Plan.
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
   the development would not result in substantially different development as the change
     relates to an approved use and is minor in nature;
   the change does not include prohibited development;
   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
Business uses in the Planning scheme are required to provide high levels of visual and acoustic
amenity, particularly those close to residential premises. The Surf Club has a number of
residences in close proximity and conditions relating to noise were included in the approval to
minimise impacts. These conditions related to a building that had not yet been built. Now the
building is established an Entertainment Noise Testing report dated February 2020 by
SoundBASE Consulting Engineers has been submitted to Council to support the applicant’s
request to change existing Condition 8. Condition 8 currently requires the following:

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