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Town Planning Report · 132002.220269.1

Attached to the e-mail Change to DA - 132002.220269.1.

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Please refer to the attached proposal plans for further details.


2.        STATUTORY PROCESS:

This request is considered to constitute a minor change in accordance with
Section 79 of the Planning Act 2016 on the grounds that:

      •    the change will not result in substantially different development as the
           development as it only seeks small extensions to an existing restaurant;
      •    the change does not include prohibited development;
      •    the change would not require the application to be referred to any
           additional referral agencies; and
      •    the change is not likely to generate a properly made submission
           objecting to the development.

On this basis, it is considered that a lawful process in making the request
under s79 of the act has been followed.

In accordance with Section 81 of the Act, in assessing and deciding
applications for minor changes, the responsible entity:

(3)
      (a) must assess against, or have regard to, the matters that applied when
          the development application was made; and
      (b) may assess against, or have regard to, the matters that applied when
          the change application was made

An assessment of the proposed changes against the key outcomes of the
planning scheme is provided below:-

3.        PLANNING SCHEME REVIEW

An assessment of the proposed changes against the key outcomes of the
current Noosa Plan that apply to the changes is provided below:-

Noosaville Locality Code

The proposed extensions to the outdoor dining areas comply with the overall
outcomes of the Noosaville Locality Code as they:

      •    create an active, vibrant and pedestrian friendly streetscape and
           reinforce Gympie Terrace as the primary tourism focus for Noosaville;
      •    directly service visitors in the immediate area and foreshore users;
      •    are orientated to face the street and respect the residential amenity of
           visitors and residents within surrounding developments;
      •    involve entertainment and dining activities that operate into the
           evening and create a vibrant atmosphere; and
      •    provide for carparking located at the rear of the premises.

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