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Minor Change Letter
Leaders in
Building Certification Services
REQUEST FOR CHANGE (MINOR)
Landowners: Crane Investments Noosa Pty Ltd
Development Land Use: Shop and an additional Multiple Dwelling Unit
Property Address: Hotel Laguna 180/6 Hastings St Noosa Heads
RPD: Lot 30 on BUP 12150
Prepared by: GMA Certification Group Pty Ltd
File Reference: 20184339
Revision: A
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GMA Certification Group
BUILDING SURVEYORS
ACN 150 435 617
Leaders in Building Certification Services
PLANNING DIVISION
P: 07 5578 1622 E: [email protected]
P.O. Box 2760, Nerang QLD 4211
Our Ref: 20184339
Date: 28 March 2023
Noosa Council
PO Box 141
Tewantin QLD 4565
Phone: 07 5329 6500
Email: [email protected]
Dear Sir / Madam:
RE: REQUEST FOR CHANGE (MINOR) TO A DEVELOPMENT APPROVAL (COUNCIL
REFERENCE 51991.652.03 – TPC2409) TO MODIFY CONDITION 19 –
APPROVED PLANS FOR A SHOP AND ADDITIONAL MULTIPLE DWELLING
UNIT LOCATED AT 180/6 HASTINGS STREET, NOOSA HEADS QLD 4567 –
BEING DESCRIBED AS LOT 30 ON BUP 12150
I wish to submit a Request for Change (Minor) application on behalf of the registered landowner; being Crane
Investments Noosa Pty Ltd A.C.N. 161 672 457; of the above-mentioned site to amend one (1) Condition of the
above-mentioned Decision Notice. In accordance with Section 78A (1) (b) of the Planning Act the Noosa Council
is the responsible entity for deciding the Change Application.
1.0 Site Overview
The site is part of the Hotel Laguna development, which was constructed in the late 1970’s and in accordance
with TPC697. This development includes Multiple Dwelling units and recreational facilities to the centre of the
lot, including two (2) restaurants; being Miss Moneypenny’s and Piccolino; which are both orientated toward
the Hastings Street (northern) frontage.
In accordance with the Show Cause Notice (SCN) issued by the Noosa Council on the 17th of January 2023, the
Development Approval requires the use to operate in accordance with Conditions of approval (Council
Reference 51991.652.03 – TPC2409) including Condition 19 – Approved Plans.
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2.0 Proposed Modifications
As indicated on the proposed plans this application seeks approval to modify Condition 19 of the Decision
Notice – Minor Change which was issued on the 18th of March 2020. Specifically, in accordance with the SCN
(Council Reference COM22/0389), the stairs at the rear have not been constructed, the front awning, which
was previously a permanent, fixed structure, has been replaced with a retractable awning, there have been a
number of internal modifications to the restaurant area on Level 2 and a cool room has also been constructed
(refer to the plans and the figures below).
Figure 1: Stamped Floor Plan (Noosa Council, 2018)
Figure 2: Existing Internal Configuration 1 (Crane Investments Noosa Pty Ltd, 2023)
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Figure 3: Existing Internal Configuration 2 (Crane Investments Noosa Pty Ltd, 2023)
Therefore, in accordance with Option 1 of Council’s Show Cause Notice (COM22/0389), a Minor Change
application is required to ‘change application to the existing development approval to seek approval for the
works which are not consistent with the most recent planning approval, (51991.652.03 - TPC 2409) issued on
18 March 2020’.
The landowner has also engaged GMA Certification Group to then obtain an appropriate building
approval/certification to finalise all works.
3.0 Changes to the Conditions
These minor modifications will propose changing Condition 19 – Approved Plans. Specifically Condition 19
states that –
“Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions”.
Plan No. Rev. Plan/Document Name Date
Additional Plans 17 March 2020
Option B - Entertainment and dining business type 1 – food and beverages on both the lower and upper floors.
Proposed Floor Plan, prepared by
17/03/2020
Unknown as annotated by Council
018891 A Minor change application – Extension to December 2019
existing restaurant – additional upper level
dining area, prepared by Unknown
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GMA Certification Pty Ltd
We request that Condition 19 be amended as follows –
Plan No. Rev. Plan/Document Name Date
Additional Plans 23rd of March 2023
Option B - Entertainment and dining business type 1 – food and beverages on both the lower and upper floors.
20184339 Proposed Floor Plan (1) prepared by Crane
A 13/03/2023
Investments Noosa Pty Ltd
20184339 A Proposed Floor Plan (2) prepared by Crane 13/03/2023
Investments Noosa Pty Ltd
The following two (2) tables; being Table 1 and Table 2; will demonstrate that the proposed change meets the
meaning of ‘minor change’ under Schedule 2 Dictionary of the Planning Act 2016, and that it will not result in
‘substantially different development’ as identified in the DA Rules (Version 1.3).
4.0 Confirmation of Minor Change
Table 1: Confirmation of Minor Change
Minor Change Element Statement of Compliance
(b) (i) would not result in substantially different As previously discussed, the subject site is currently
development; improved by the Hotel Laguna development, which was
constructed in the late 1970’s and in accordance with
TPC697. This development includes Multiple Dwelling
units and recreational facilities to the centre of the lot,
including two (2) restaurants; being Miss Moneypenny’s
and Piccolino; which are both orientated toward the
Hastings Street (northern) frontage.
In accordance with Council’s Show Cause Notice and with
the proposed plans, this application seeks approval to
remove an internal staircase, replace the previously
approved ‘fixed’ awning at the front of the building with
a retractable awning and for a number of internal
modifications over the two (2) levels of the restaurant.
As all works are either within or reduce the existing,
approved building footprint, it is submitted that the
development will not be substantially different.
In addition, the development remains fully compliant
with the applicable Assessment Benchmarks of the
Noosa Plan 2020.
Also refer to Table 3 below.
(b) (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 proposed change will not result in the inclusion of
the application; or prohibited development.
(B) referral to a referral agency, other than to The development application did not require referral to
the chief executive, if there were no referral any referral agencies in this instance.
agencies for the development application; or Refer to Part 3 Existing Approvals.
(C) referral to extra referral agencies, other than Should the application be remade, including the change,
to the chief executive; or this application would not require referral to additional
referral agencies.
(D) a referral agency, in assessing the Should the application be remade, including the change,
application under section 55(2), to assess the there would be no additional matters requiring
application against, or have regard to, a assessment.
matter, other than a matter the referral
agency must have assessed the application
against, or had regard to, when the
application was made; or
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GMA Certification Pty Ltd
Minor Change Element Statement of Compliance
(E) public notification if public notification was In accordance with the Decision Notice included in Part 3
not required for the development Existing Approvals the original application required
application. assessment by Council as a Material Change of Use (Code
assessable) application and therefore public notification
was not required.
The minor addition will not affect the level of assessment
in this instance.
5.0 Assessment against the Substantially Different Development Criteria
Table 2: Assessment against the Substantially Different Development Criteria
‘Substantially Different Development’ Criteria Statement of Compliance
A change may be considered to result in a substantially different development if the proposed change:
(a) involves a new use; or As indicated on the proposed plans this application will not involve
a new use.
(b) results in the application applying to a new As indicated on the proposed plans these minor additions are
parcel of land; or located wholly within the original subject site.
(c) dramatically changes the built form in terms As indicated on the proposed plans all works are either within or
of scale, bulk and appearance; or reduce the existing, approved building footprint.
Accordingly, it is submitted that the proposal does not
dramatically change the built form in terms of scale, bulk and
appearance.
(d) changes the ability of the proposed As indicated on the proposed plans the proposed amendments do
development to operate as intended; or not impact on nor change the ability of the proposed development
to operate as intended.
(e) removes a component that is integral to the The proposed amendments will not result in the removal of any
operation of the development; or component that is integral to the operation of the development.
(f) significantly impacts on traffic flow and the The all works are either within or reduce the existing, approved
transport network, such as increasing traffic building footprint which will not increase traffic to the site.
to the site; or
(g) introduces new impacts or increase the As indicated on the final architectural plans, the size, scale and
severity of known impacts; or intended use of the proposed amendments ensures that it will not
introduce new impacts or increase the severity of known impacts.
(h) removes an incentive or offset component The proposed amendments do not remove an incentive or offset
that would have balanced a negative impact component that would have balanced a negative impact of the
of the development; or development.
(i) impacts on infrastructure provisions. The proposed modifications will not impact on infrastructure
provision.
Should you have queries in relation to this Minor Change application please do not hesitate to contact Christie
Loy on 07 5578 1622 to discuss.
Kind regards,
Lisa McKay
Senior Town Planning Manager
BUrbanEnvPlanHons
GMA Certification Group
Phone: 07 5578 1622
Email: [email protected]
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