Town Planning Report

Page 2

TABLE OF CONTENTS

1.	
   SITE AND APPLICATION DETAILS ................................................................................... 4	
  

2.	
   PROPOSAL ...................................................................................................................... 5	
  

3.	
   SITE DETAILS ..................................................................................................................... 6	
  
   3.1.	
   SITE DESCRIPTION ......................................................................................................... 6	
  

   3.2.	
   SURROUNDING LOCALITY .............................................................................................. 6	
  
4.	
   PREVIOUS APPLICATIONS AND SITE HISTORY ............................................................... 7	
  

5.	
   SUSTAINABLE PLANNING ACT 2009 .............................................................................. 7	
  

   5.1.	
   STATE PLANNING REGULATORY PROVISIONS ................................................................... 7	
  
   5.2.	
   SOUTH EAST QUEENSLAND REGIONAL PLAN.................................................................... 8	
  

   5.3.	
   STATE PLANNING POLICY .............................................................................................. 8	
  

   5.4.	
   REFERRAL AGENCIES .................................................................................................... 8	
  
6.	
   PLANNING SCHEME REVIEW ......................................................................................... 8	
  

   6.1.	
   LAND USE DEFINITION ................................................................................................... 8	
  
   6.2.	
   ASSESSMENT AGAINST THE PLANNING SCHEME ................................................................ 8	
  

   6.3.	
   BUSINESS USES CODE .................................................................................................... 9	
  
7.	
   CONCLUSION ............................................................................................................... 10	
  




APPENDICES

Appendix A              Proposal Plans
Appendix B              Owners Consent
Appendix C              Site Photographs

Appendix D              Owners Consent




                                                                                                                             Page 2 of 10


[OCR of page images]
TABLE OF CONTENTS

1. SITE AND APPLICATION DETAILS oo... ce eeceeceeeeceeeseeeeeeeseeeseesaeesaecsaeceesneesaeeseeeeeeeeeaees 4
2. PROPOSAL wu. eeceeseesecessesseeeeeeesecesecsseesaecsaeeaeeeecseeeseeeseeeseesaeesseesaeeeaeceeeseeceeseeseeeeneeeaees 5
3. SITE DETAILS oo. ee eee eeeesecseeceseeeseeeseesaecaecseecseecseeeseesseesseesaeesaeesaesaecneeseeseeceeseeseeenees 6
3.1. SITE DESCRIPTION .....cecesscscseseseseseesescseseseseseseseseseeceescsescaesesesesecaeacacacseseeeenereneasacaeaeatetees 6
3.2. SURROUNDING LOCALITY ...cceesesesesesscseseseseseseeeeesecscsescscacsnsessseeecscacacacerecetenseeeeasacaeaeaeeeees 6
4. PREVIOUS APPLICATIONS AND SITE HISTORY .......ceceesesseessecesecseceseceesseeseesseeseeseenaees 7
5. SUSTAINABLE PLANNING ACT 2009 o.oo. eeceecccseeseesseesseeseesaeesaeesseceesseeseeseeseeeeeenees 7
5.1. STATE PLANNING REGULATORY PROVISIONS ....scseseceseseseeseseseseseseeeeseececececseetstsnseseeeeecetaees 7
5.2. SOUTH EAST QUEENSLAND REGIONAL PLAN......ccceseescsseseesscesesseescseeesceeeeeeeeesessesseeeeeaees 8
5.3. STATE PLANNING POLICY ....ccecsssesesesesesesscecscsesesesessesencecscscacaeseseeensececececaeacensnseseeeeaeaeaees 8
5.4. REFERRAL AGENCIES .....sscecesececeesesesesessescscscsesesessevesencacscseacacaeeesessesecacecaeetsnsesnseseeacaeaees 8
6. PLANNING SCHEME REVIEW uo... ceceescesscesecseeesseeeseesaeeaecseesseesaeeseeeeesaeeseesaeeseeenaeens 8
6.1. LAND USE DEFINITION .....eseseceseeseseseseseseescecscsescsescsessncecscscacaesesesesseeecececaeeeeteneeseeeeacacaees 8
6.2. ASSESSMENT AGAINST THE PLANNING SCHEME. .....ccseeseceseeseseseseseeseeececececseseseensseeeeaceeaees 8
6.3. BUSINESS USES CODE......esesessssssesesesesessescscscsesesessevesencacacseacaeseseeensesecacecaeeesnsnsnseeeaeaeaees 9
7. CONCLUSION wie eeeceeccesecsseesseeseeeeeeeeeecesecssecssessneseeeseeesaeeseeeaeesaeeesecsaesnsessaeeneeeneeenees 10
APPENDICES

 

Appendix A Proposal Plans

 

Appendix B =Owners Consent

 

Appendix C Site Photographs

 

 

 

Appendix D Owners Consent

 

Page 2 of 10

Page 3

Executive Summary
This Town Planning Report has been prepared to support a development
application for a Development Permit for Material Change of Use – Home Based
Business (Type 3 Significant Scale) at 8 McKenna Court, Noosaville. The proposed
Home Based Business is a Swim School.

Our office has been engaged by the registered landowners, Thora Harber and
Peter Mackaway, to prepare and lodge this development permit over the site. The
subject site is located in the Detached Housing Zone of the Noosaville Locality. The
proposed Material Change of Use for a Home Based Business are required to follow
an impact assessable application process in accordance within Part 11, Division 3,
Table 11.1.

The proposed Material Change of Use is Impact Assessable as the Home Based
Business is conducted outside of the premises and involves a noise generating use.

Having assessed the proposal against all relevant legislation, this office
recommends that the development application be approved, subject to
reasonable and relevant conditions.




                                                                          Page 3 of 10

Page 4

1.      SITE AND APPLICATION DETAILS

Applicant
Applicant:                 Noosa Town Planning
Contact Details:           Marcus Brennan
                           Ph:    0473355912
                           Email: [email protected]
Registered Landowner(s):   Thora Harber and Peter Mackaway



Application
Development Application:   Development Permit for Material Change of Use
                           – Home Based Business (Type 3 Significant Scale)

Level of Assessment:       Impact Assessable


Referral Agencies:         Nil
SEQRP:                     Urban Footprint



Subject Site
Address:                   8 McKenna Court, Noosaville


Lot Description:           Lot 75 RP 869151
Area:                      680m2
Easement(s):               Nil
Locality:                  Noosaville
Zone:                      Detached Housing
Overlays:                  Natural Hazards – Acid Sulfate Soils




                                                                  Page 4 of 10

Page 5

2.    PROPOSAL

This Development Application seeks a Development Permit for Material Change of
Use – Home Based Business (Type 3 Significant Scale).

The proposed Home Based Business is for the purpose of a children’s learn to swim
school. The classes are held in the pool, which is located at the rear of the property
of 8 McKenna Court Noosaville.

The Home Based Business has been operating since October 2016. Our client has
informed us that at the time of commencement of the business, they sought advice
Council, who advised the use was consistent with a Home Based Business Type 1.
However, since this advice was given, a complaint was received relating to noise
which would cause the business to be a different use type. It is also noted that the
use is conducted outdoors, which also causes it to fit within the definition of a Home
Based Business Type 3.

The classes operate for 30 weeks a year in total. 15 weeks from the end of January
to the beginning of May, then a break during the winter months, before resuming
for 15 weeks at the end of August through to the beginning of December. This is
aligned with the school terms for each year. The school does not operate on public
holidays or during the Christmas holidays.

The classes are held during the following hours:

Monday                       8:30am – 11:30am             3:15pm – 5:15pm

Tuesday                      8:30am – 11:30am             3:15pm – 5:15pm

Wednesday                    8:30am – 11:30am             3:15pm – 5:45pm

Thursday                     9am – 11:30am                2:30pm – 5:15pm

The maximum number of classes held per day is 10 within these hours. The maximum
amount of children attending each class is 3. The age groups range from 2 months
to primary school aged children.

Three parking spaces will be made available to guests, which will be sufficient to
cater for the demand of the use.

To mitigate traffic within the street, classes are held with a 10 minute break between
schedule. This ensures no overlap between the arrival and departure of students
and parents between classes.

Plans of the dwelling and the location of the pool have been prepared and are
included as Appendix A. Site photographs are included as Appendix C.




                                                                           Page 5 of 10

Page 6

The proposal includes the construction of an acoustic fence to mitigate noise
impact on the adjoining neighbours.




3.      SITE DETAILS

     3.1. Site Description

The subject site is within a residential neighbourhood, situated at 8 McKenna Court,
Noosaville described as Lot 75 RP 869151.

The property has a total area of 680m2 and contains an existing house as well as a
pool located adjacent to the eastern boundary in the rear portion of the site. The
site has a 20m frontage to McKenna Court and a double car driveway access.

The closest resident is to the eastern boundary of the site at 10 McKenna Court. An
existing retaining wall with wooden fence is located along this boundary. The
subject site is significantly lower than the neighbouring property of 10 McKenna
Court. Please see Figure 1 and the site photographs in Appendix C.


     3.2. Surrounding Locality

The locality and surrounding land uses can be described as also being residential in
nature. McKenna Court ends with a cul-de-sac head to the east of the site.

Please refer to the aerial photograph below for an illustration of the surrounding
area.




                                                                           Page 6 of 10

Page 7

Figure 1 – Aerial Photograph



4.      PREVIOUS APPLICATIONS AND SITE HISTORY

There is no relevant planning related history for the subject site.


5.      SUSTAINABLE PLANNING ACT 2009

The Sustainable Planning Act 2009 (SPA) provides the statutory planning framework
for the State of Queensland. Assessment of this application is to proceed in
accordance with the requirements for Impact Assessment under the Integrated
Development Assessment System (IDAS) that are set out in Chapter 6 of the SPA.

The following section assesses the proposal against the IDAS requirements of the
SPA.


     5.1. State Planning Regulatory Provisions

No State Planning Regulatory Provisions apply to the proposed home-based
business.




                                                                       Page 7 of 10

Page 8

     5.2. South East Queensland Regional Plan

The proposed home based business is consistent with the Urban Footprint
designation prescribed to the subject site by the South East Queensland Regional
Plan 2009 – 2031.


     5.3. State Planning Policy

A single State Planning Policy was introduced by the Department of State
Development, Infrastructure and Planning on the 2 December 2013. These
requirements are appropriately reflected in The Noosa Plan.


     5.4. Referral Agencies

The proposal does not trigger referral to any external agency.

6.      PLANNING SCHEME REVIEW

6.1.    Land Use Definition

The definition of a Home Based Business is detailed below:

“Home-based business means the conduct of a business from a dwelling unit where
residents operate the business and the use is secondary to the residential use of the
premise. The term includes the following types:

Type 3 Significant scale

The business is carried out either in or below the dwelling unit or any associated building or
outdoors on the lot on which the dwelling is placed; There is visible evidence of the business
by way of advertising devices, traffic generation and off street parking provision; and

There may be a significant sales component associated with the business use. “

The proposed Home Based Business fits within the definition of a Type 3 Significant
scale as the primary activities of the business are conducted outdoors.

6.2.    Assessment Against the Planning Scheme

The level of assessment for the proposed development is set out within Part 11,
Division 3, Table 11.1

The assessment table for the Detached Housing Zone identifies the proposed Home
Base Business Type 3 as an inconsistent and impact assessable use within the zone.
Because the use is impact assessable, it requires a whole of scheme assessment,
however, it was found that the Business Uses Code is the most relevant to the
assessment of the application.

                                                                                   Page 8 of 10

Page 9

6.3.   Business Uses Code

An assessment of the proposal against the Probable Solutions in the Business Uses
Code found that it complies with all of the Probable Solutions of the code except
for S53.1 and S59.1 (Please Refer to Appendix B – Code Assessment). The proposal is
considered to comply with the related performance outcomes of the code, which
are addressed below.

O53 The Home-based business does not interfere with the amenity of the
neighbourhood from the operation of machinery or electrical equipment or from
light, noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, grit, oil, dust,
waste.

The proposed swim school will be designed and operated in a way that will not
unduly impact on the amenity of the adjoining neighbours or surrounding
neighbourhood for the following reasons:

   •   Class sizes will be limited to 3 children per class occurring only between the
       hours of 8:30am – 11:30pm and 3:15pm – 5:15pm, 4 days per week.
   •   Children will be supervised at all times by an experienced and accredited
       Austswim instructor that will ensure noise from classes is controlled.
   •   The proposal will include the construction of an acoustic fence along the
       eastern boundary of the site to reduce noise impacts on the nearest
       affected neighbour.

O54 The scale and nature of the business is relative to the lot size and does not
dominate or conflict with the area in which it is situated

The swim school will not dominate or conflict with the surrounding area for the
following reasons:

   •   The proposed home-based business will be utilising an existing pool to
       conduct the business in.
   •   The home-based business is of a scale and intensity that is compatible with
       residential nature of the area.
   •   The pool is situated at the rear of the premises and the business is not visible
       from the street frontage.

O55 The business remains ancillary to the residential use of the site

The business is conducted within an existing pool associated with the detached
house onsite and is of a scale and intensity that will remain ancillary to the
residential use.



                                                                             Page 9 of 10

Page 10

O59 Adequate off-street vehicle parking is provided for the users of the operation
without causing adverse impact to the residents of adjoining properties

The use will be limited to three children per class. Three car spaces will be provided
for visitors of the business, with two located in the driveway and one located in the
garage. While it is recognised that the tandem layout may cause a visitor to be
parked in, these visitors will be attending and leaving classes together and it will not
generate a significant traffic management issue. A 10 minute break between class
schedules will be provided to ensure that the there is no conflict between the arrival
and departure of traffic.

7.     CONCLUSION

This report has identified that the proposed development complies with the relevant
provisions of the Noosa Plan and does not raise any significant issues that cannot
be addressed by reasonable and relevant conditions. It is recommended that the
application be approved, subject to appropriate conditions.

This office trusts that the information supplied comprehensively addresses all of the
issues that are to be considered by the Noosa Council. Should you have any
questions in relation to the proposal, or any aspect of the development, please do
not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected]

Yours sincerely,




 B. Urb. Reg. Plan




                                                                            Page 10 of 10