Planning Statement and plans · 132004.240098

As part of the final design and fit out of the restaurant, the applicant has reduced the size of the
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kitchen to 13m and increased the dining area to 32m . Accessways to the amenities and point of sale
area have not been included in the calculations. The proposed works also include a new portable
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cooking bench on the outdoor dining area which reduces the approved area to 10m . Attachment A
provides plans prepared by Andrew Mckellar Design which detail the altered kitchen and dining areas.


Sustainable Planning Act
Section 367 of the Sustainable Planning Act defines a permissible change for a development approval
as:

        (1) A permissible change, for a development approval, is a change to the approval that
       would not, because of the change—
       (a) result in a substantially different development; or
       (b) if the application for the approval were remade including the change—
                          (i) require referral to additional concurrence agencies;
                          or
                         (ii) for an approval for assessable development that previously did not require
                         impact assessment—require impact assessment; or
       (c) for an approval for assessable development that previously required impact
       assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
       properly made submission objecting to the proposed change, if the circumstances allowed; or
       (d) cause development to which the approval relates to include any prohibited development.

The proposed change is considered to comply with the requirements of the Sustainable Planning Act
as detailed below:

       (a) result in a substantially different development;

           The proposed change does not result in a substantially different development as minimal
           works are proposed and the uses on site remain the same.


       (b) if the application for the approval were remade including the change—
                          (i) require referral to additional concurrence agencies;
                          or
                         (ii) for an approval for assessable development that previously did not require
                         impact assessment—require impact assessment; or

           No concurrence agencies would be triggered by the proposal and the level of assessment
           has not altered.

       (c) for an approval for assessable development that previously required impact
       assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
       properly made submission objecting to the proposed change, if the circumstances allowed;

           One not properly made submission was lodged in response to public notification of the
           application. The submitter raised concerns with the need for restaurants in the area and
           the location of the restaurant.

           The original approval was assessed under the 1985 Planning Scheme which included the
           site in the Residential Medium Density zone. This Planning Scheme has now been
           superseded by The Noosa Plan 2006 which includes the site in the Visitor Mixed use zone
           in which Entertainment and dining business (restaurants) are consistent uses and
           supported by the scheme. It is noted that the current 2006 scheme also indicates that
           restaurants are not to have an adverse impact on the surrounding area. The subject
           premises are located adjacent to Gympie Terrace and are well separated from the
           adjoining unit development. Further restaurants are now a well accepted use along