Information Request MCU20 0008

Officer: 	Nadine Kirley
Direct Telephone: 	07 53296284
Our Reference:	MCU20/0008
Your Reference:	Magee
03 March 2020
Turner Property Group Pty Ltd Tte
C/- Building Suncoast Green
6 Lorraine Ave
MARCOOLA  QLD  4564
[email protected]
Dear Sir
Information Request
Planning Act 2016
I refer to your application and advise that Council requires further information to satisfactorily assess the proposal.
application details
Application No.	MCU20/0008
Street Address:	Noosaville Industrial Service Park Two 1/33 Gateway Dr Noosaville Qld 4566
Real Property Description:	Lot 1 SP 170305
Planning Scheme:	The Noosa Plan (8 June 2018)
INFORMATION REQUIRED
The information requested is set out below:
Issue
The application material does not demonstrate how the proposal meets the definition of ancillary dwelling unit or the definition of caretaker’s residence as stated in the Noosa Plan.
Information Required
Provide written justification for the proposed ancillary dwelling unit for caretaker’s residence against the Noosa Plan definitions for ancillary dwelling unit and caretaker’s residence.  For reference, the applicable definitions are reiterated below:
Ancillary dwelling unit means the use of premises for a caretaker’s residence or employee residence associated with a non-residential use on the same premises where:
There is no other dwelling unit on the premises, except where the non-residential use is an agricultural use;
The gross floor area of the dwelling unit does not exceed 150m2 ;
The dwelling unit is subordinate to the non-residential use;
The dwelling unit is attached to or within 25m of the non-residential use; and
The dwelling unit is occupied by the owner of the non-residential use or somebody employed in the non-residential use.

Caretaker’s residence means a dwelling unit situated on the same premises as a business use, community use or infrastructure use where it is occupied by the owner or employee of the business or operation for reasons of ensuring security and maintenance of the business or operation.

Issue
Not all activities or uses in an industry or commercial zone are of a nature that requires 24 hour security or a maintenance requirement that justifies personnel to be living on site.  Insufficient information has been provided in the application material to demonstrate the need for an ancillary dwelling unit for a caretaker’s residence in this location.
Information Required
Provide a statement or business plan that details the type of business that is or will be lawfully operating from Lot 1 on SP170305 describing the activities which justify the need for a caretaker in residence on the property.
Issue
The site which is the subject of the application comprises one (1) lot on part of a building format plan within a community titles scheme and therefore cannot be considered in isolation without regard to the premises as a whole.  The carparking proposed to be allocated to the ancillary dwelling unit is located in the common property of the community titles scheme.  Further, the submitted material fails to provide information or evidence to confirm if any other dwelling unit currently exists within any other building format lot in the scheme.
Information Required
Provide written consent from the body corporate for the community titles scheme applicable to Lot 1 SP170305 and Lot 0 SP170305 to the making of the application.
Provide written confirmation from the Body Corporate for the community titles scheme applicable to Lot 1 SP170305 and Lot 0 SP170305 identifying if any other ancillary dwelling units for caretaker’s residence is/ are located within the community titles scheme.
Provide a copy of the Community Management Statement for the community titles scheme and highlighting any provisions or restrictions within the management statement relating to the caretaking rights or management rights of the premises.
Provide a copy of any carparking allocation or exclusive use areas defined through the community titles scheme and community management statement for the premises that demonstrates the rights for the owner of Lot 1 to utilise the proposed carparking space for the purposes of an ancillary dwelling unit without compromising the carparking required to service the uses within the complex.
Issue
The application includes Lot 1 on SP170305 as the parcel subject to the application when in fact Lot 0 on SP170305 should be included as part of the application given the proposed carparking is located within that lot.  It is recommended that the application be changed to include both parcels in the application.

Information Required
Provide a change application and amended application forms that include Lot 0 on SP170305 in the proposed Material Change of Use application accompanied by owners consent from the body corporate.

due date for response to information request
The due date for providing the requested information is 03 June 2020. Please advise Council of your response to this information request in accordance with section 13 of the Development Assessment Rules.
If you do not provide a response before the due date, it will be taken as if you have decided not to respond to the information request and Council will continue with the assessment of your application.
other details
You can follow the progress of this application online at www.noosa.qld.gov.au. The “Online Services” page can be accessed via "Quick Links" on the left hand side of the screen.
Should you have any further queries in relation to the above, please do not hesitate to contact me on the number above.
Yours Faithfully

Nadine Kirley
Development Planner

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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