Request To Change Existing Development Permit For A Material Change Of Use For An Undefined Use - Temporary Short-term Self-contained Rv Stop At 154 Holts Road, Cooroy - MCU14/0060.01

REQUEST TO CHANGE EXISTING DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR AN UNDEFINED USE - TEMPORARY SHORT-TERM SELF-CONTAINED RV STOP AT 154 HOLTS ROAD, COOROY - MCU14/0060.01
Document information

Author	Coordinator Planning, Denis Wallace
Planning & Infrastructure Department

Index	ECM/ Application/ MCU14/0060.01

Attachments	1.		Approved Plan
2. 	Proposed Effluent Pump Out Plan

APPLICATION DETAILS
Applicant	J Morrow
Proposal	Material Change of Use - Undefined Use - Temporary Short-Term Self-Contained RV Stop
Properly Made Date	15 July 2015
Number of Submissions to Original Application	Four (4)

PROPERTY DETAILS
Property Address	154 Holts Road Cooroy
RP Description	Lot 2 RP893989
Land Area	2.36ha

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Locality	Cooroy & Lake Macdonald
Zone	Rural
Overlays	Medium Bushfire Hazard Area, Extractive Resource Buffer Area & Water Supply Catchment Area
Assessment Type	Change to Approval

RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 12 July 2016 regarding Application No. MCU14/0060.01 for a request to change an existing Development Permit for Material Change of Use an Undefined Use - Temporary Short-Term Self-Contained RV Stop situated at 154 Holts Road, Cooroy and:
A.	Agree to amend Conditions 4, 5 & 10 to read:
4.	Visitor stays shall not exceed 7 consecutive nights.
5.	Wastewater from communal ablutions, laundry, kitchen facilities, and the like, must be directed to holding tanks for disposal offsite. A plumbing approval must be obtained for the associated wastewater system.
10.	This temporary development approval expires on 18 December 2018. Upon receipt of a written request, Council may provide written consent to extend the approval on an annual basis having regard to the status of the adjacent mining lease, the degree of compliance with the approval conditions herein and any breach history.
B.	Amend the approved RV Stop use to delete the term “self-contained”.

REPORT
PROPOSAL
The application seeks approval for a Permissible Change to the existing development approval for a RV Stop for 20 self-contained RV’s on the site.  The site trades as the “Cooroy No Worries RV Stop”.  The proposal seeks to ratify use of communal facilities, such as toilet, shower and kitchen facilities and remove the requirement for all RV’s at the site to be self-contained.

The site is un-sewered and the application originally sought to use the existing residential on-site effluent treatment system to allow only 8 of 20 RV’s to not be self-contained (due to capacity limitations of the existing system).  However, assessing officers considered that proposal to be impractical and advised the applicant it was unlikely to be supported.  The applicant now proposes to install an upgraded waste water system incorporating holding tanks for pump-out and disposal off site.

The applicant also requests changes to condition 4, to increase the allowed length of visitor stays from 4 nights to 7 nights, and to condition 10 to simplify the extension process for the temporary approval given by Council.

Background
A previously existing wholesale nursery use on the site was approved by Council in 1997 (07818TP).  The nursery operations continue on the site but at a much smaller scale, due to the commencement of the RV Stop use over most of the site.
A report on the development application for a Material Change of Use of Premises - Undefined Use - Temporary Short-Term Self-Contained RV Stop was presented to Council’s Planning & Organisation Committee meeting of 9 December 2014 (see agenda page 78).  The application was approved subject to conditions at Council’s Ordinary Meeting of 18 December 2014, with Council identifying the following grounds as sufficient grounds to justify the decision despite the conflict with the planning scheme for the site’s Rural zoning:
1.	The development will help to address a significant need for low-cost accommodation for self-contained RV travellers in the Noosa area.
2.	The development will provide economic and community benefit through increased visitation to the Noosa hinterland.
3.	The development provides for the adaptive re-use of the existing nursery on the site.
4.	The site’s location near the Bruce Highway is appropriate to cater for self-contained RV traveller’s needs.
5.	The development will not have significant adverse impacts on residential amenity or water supply quality.
The Development Permit for the use was issued on 19 December 2014 and took effect on 23 December 2014.
At the time, the original application was publicly notified 4 properly made submissions were received (2 objections, 1 neutral and 1 in support). The objections were primarily concerned with amenity, traffic and dogs being walked off-leash.
Council received a complaint indicating the development was not operating in accordance with the approval conditions and non-self-contained RV’s were staying at the premises.  This application seeks to resolve the associated breach matter.
assessment
Statutory Process
The proposed change to the development approval requested by the applicant is considered to constitute a permissible change under the Sustainable Planning Act 2009 because:
The change would not result in a substantially different development as there is no change to the scale or intensity of the approved RV stop use;
The change would not trigger a new referral matter to the State Assessment and Referral Agency;
The original application was impact assessable and the proposed changes would not likely cause a person to make a properly made submission on reasonable grounds because the changes do not introduce any significant new impacts.
The changes do not involve prohibited development.
On this basis, the applicant is considered to be following the lawful process in making the request.
Statutory Provisions – The Noosa Plan
The primary assessment issue raised by the proposal to allow non-self-contained vans and RV’s to stay at the site is water quality.  Detailed comments are provided below.
Changes to Condition
Details and assessment of the requested changes to the existing conditions are as follows.
Condition 5 – Self Contained RV’s
2.	All RV’s shall be fully self-contained and must retain all grey water and black water via holding tanks.
Applicant’s Request
The applicant requests deletion of this condition to allow all forms of RV’s to stay at the site and to use communal ablutions, shower, laundry and kitchen facilities.  Existing bathroom facilities on the site were for previous staff of the wholesale nursery and treated by an onsite effluent system.  The existing residential system does not have sufficient capacity to service the RV Stop and the applicant proposes to upgrade the system to collect waste to holding tanks to be emptied by a licensed contractor.
The applicant engaged engineers, Covey & Associates, to assess and design the upgraded effluent system.  Their submission states:
With reference to … various correspondence and discussions with Councils Planning and Plumbing Services Officers it is proposed that all sewage and grey water from the various sources on site be directed via the existing septic tank pump well and Taylex ABS to a 25kL holding tank.
The proposed tank would comprise an alarm system fitted that would alert the septic clean out contractor that the system was 40% full, thus allowing a buffer to organise a vacuum tanker truck to attend the site. The client has had initial discussions with local contractor, Suttons Cleaning Service, to manage the operation. The contractor will dispose of the effluent at an appropriate DEHP licenced site for treatment.
Based on Council preferred 65l/p/d effluent quantity and nominal 40 persons on site the tank will hold about 9 days effluent.  The proposed tank location is shown on the attached plan and will comprise an above ground tank, and audible and visual alarm system, service and access ports as well as a vent stack for release of sewage gasses.
It is considered that the proposed arrangement will provide a solution that will alleviate Council’s concerns regarding pollution of the area with irrigation of treated effluent from the existing Taylex ABS unit.
A copy of Covey & Associate’s proposed holding tank design is included as Attachment 2.
Assessment
Council’s Plumbing Inspector who has attended the site a number of times and assessed the final proposal, advises:
I have reviewed the plan provided by Covey Associates Pty Ltd. My preliminary assessment is it will be possible to dispose of the effluent from this site via a regulated pump out system.  The applicant will need to lodge an application to the Building and Plumbing Branch with full hydraulic plans for plumbing approval.  … The proposed pump out to the holding tank is the most risk-averse method of disposing of the effluent from this property and with the right conditions on the permit the risk to human health and the environment will be minimal.
Council’s Plumbing Inspector indicates the requirements under a plumbing approval for the new system would be likely include:
Septic tank and pump well (at the amenities block)
A dual macerating pump system would be required at the pump well serving the septic tank. The type and size of the pump system would have to be specified on the full hydraulic plans.
A new larger septic tank will need to be installed to handle the load. This would also prevent the amount of times the septic tank needs to be pumped out by Suttons (service provider).
An alarm system must be fitted to the pump well.  If a failure occurs a plumber must service the system as soon as possible and the amenities must be shut until it is fixed. Fines would be issued if this is not adhered to.  This would be a condition on the permit.
Holding tank at house
An alarm system must be fitted to the holding tank.
The tank must be left with enough spare capacity to cater for a 2-3 days if the pumps fail.  Contractor will have to pump out the system within that timeframe.
A regulated pump out must be organised with the service provider.
Water reduction measures
Time limits on showers
Water saving fixtures with flow restrictors
6/3L flush toilet cisterns
Coin operated washing machine
Maintenance Schedule
Sludge and crust levels in the septic tank to be checked regularly
Alarms to be checked once a week
A walk through of the premises must be done daily to check for general issues with plumbing and drainage (taps leaking, blockages in drainage system)
The proposed upgraded wastewater system for the site is considered a suitable alternative to the current requirement for all RV’s to be self contained.  The existing business has been observed to be well operated and a valued addition to Cooroy’s visitor accommodation options.  The new pump out system will allow the site to be used by a wider range of RV’s and meet the needs of more travellers.
It is recommended condition 5 be replaced with the following:
Wastewater from communal ablutions, laundry, kitchen facilities, and the like, must be directed to holding tanks for disposal offsite.  A plumbing approval must be obtained for the associated wastewater system.
The existing approved development use description states the approval is for “self-contained RV’s”.  Given the change to condition 5, the reference to self-contained should be deleted.  The recommendation is worded accordingly.
Condition 4 – Short Term Stay Length
4.	Visitor stays shall not exceed 4 consecutive nights.
Applicant’s Request
The applicant seeks the alteration of the maximum extent of stay by visitors from 4 consecutive nights to 7 consecutive nights.  The 4 night limit has placed stress upon the visitors and the applicant due to circumstances, such as travellers using the site as a base while they seek medical services and when travellers are seeking mechanical repairs for the vehicles.  The extension of the time limit from 4 nights to 7 nights still provides for temporary accommodation.
Assessment
Agreed. The 4 night limit was originally applied to reflect the limitations of self-contained RV’s to remain in place before needing to empty waste holding tanks.  Since the change to allow use of on-site ablutions and common facilities is supported, the change to 7 night stays is also supported.  The 7 night limit remains consistent with the approval intent for short-term visitor accommodation.
Condition 10 – Temporary Approval Requiring Extension
This temporary development approval expires in two (2) years on 18 December 2016.  Upon request, Council may provide written consent to extend the approval on an annual basis having regard to the status of the adjacent mining lease, the degree of compliance with the approval conditions herein and the complaint history relating to the development.
Applicant’s Request
The use has required substantial investment and the implementation of the plumbing infrastructure required by Condition will require further substantial investment.
The applicant seeks an amendment of this Condition that provides for Council to issue a compulsory renewal of the approval; unless the status of the adjacent mining lease changes and there are serious complaints regarding the use.  Should the status of the minimum lease be altered or there be serious complaints received; the applicant is then required to apply for an extension of the consent.
Assessment
The temporary approval condition was applied to overcome a statutory planning conflict with an extractive resource buffer for a mining lease (clay pit) on neighbouring land to the north.  The resource currently sits dormant but the property owners have not relinquished their mining rights.  Should the mining operation re-commence the temporary visitor accommodation use may need to cease.
Consideration of the financial impost of carrying out the development in light of the level of risk the neighbouring clay pit might re-commence is a matter for the applicant.
The condition currently allows Council to issue a simple written agreement to extend the expiry date and is considered appropriate. It is recommended that the process under the condition remain unchanged but the expiry date now be extended a further two years, given the adjacent mining lease remains dormant and this application further addresses compliance issues.
It is recommended the condition be amended to read:
This temporary development approval expires on 18 December 2018.  Upon receipt of a written request, Council may provide written consent to extend the approval on an annual basis having regard to the status of the adjacent mining lease, the degree of compliance with the approval conditions herein and any breach history.
Internal Consultation
The application was referred to Council’s Plumbing Inspector.

Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	X	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance		Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 JULY 2016

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	DD MONTH YYYY