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Information Request MCU23 0160

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                                                 Officer:            Tara Norley
                                                 Direct Telephone:   07 53296414
                                                 Our Reference:      MCU23/0160
                                                 Your Reference:     0137/MCU/151223

23 January 2024


Pace Planning Pty Ltd
9 Panorama Ridge Rd
BUDERIM QLD 4556
[email protected]



Dear Applicant
                                   Information Request
                                       Planning Act 2016

I refer to your application and advise that Council requires further information to satisfactorily
assess the proposal.
1.      APPLICATION DETAILS

 Application No.                MCU23/0160

 Proposal:                      Material Change of Use – Caretaker’s Accommodation

 Street Address:                5/8 Project Ave, Noosaville

 Real Property Description:     BUP 103415, Lot 5 BUP 103415

 Planning Scheme:               Noosa Plan 2020 (25 September 2020)

2.      INFORMATION REQUIRED

The information requested is set out below:
Issue
The application material states:
        On occasion, overnight supervision is needed for operations / production after hours.
        There is also a requirement for fatigue management of staff responsible to work at night.
        Council can’t deny an owner of a business a small area for staff accommodation when
        supervising production after hours. The small 32m2 area provides a safe and convenient
        accommodation area for overnight operations. The onsite accommodation is for
        fatigue management of staff working after hours / shift work.
Caretaker’s accommodation means the use of premises for a dwelling for a caretaker of a
non-residential use on the same premises. The proposal for a Caretaker’s accommodation
for the purposes of fatigue management does not meet the definition of Caretaker’s
accommodation and is not supported.




ABN 97.969.214.121                                                                    PO Box 141
noosa.qld.gov.au                                                               Tewantin QLD 4565
[email protected]                                                               07 5329 6500
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Additionally, the application material indicates the Caretaker’s accommodation is limited to the
32m2 mezzanine level, however a dwelling means all or part of a building that—
(a) is used, or capable of being used, as a self-contained residence; and
(b) contains—
    (i) food preparation facilities; and
    (ii) a bath or shower; and
    (iii) a toilet; and
    (iv) a wash basin; and
    (v) facilities for washing clothes.
The 32m2 mezzanine level does not constitute a dwelling as per the administrative definition
in Noosa Plan 2020. It is considered that the kitchen and laundry facilities on the ground level
would also need to be included in the Caretaker’s accommodation to meet the definition of
both Caretaker accommodation and Dwelling, and would need to be separated from the
industrial use (ie the office area).
The proposal does not meet the requirements of Acceptable Outcome AO2.2 of the
Caretaker's Accommodation, Dwelling Unit and Rural Workers' Accommodation Code as:
     •    the Caretakers accommodation, at approximately 52m2 (including the ground floor
          kitchen and laundry) is not considered subordinate to the industry activity on site, at
          approximately 70m2;
     •    the subject site has an existing approved Ancillary dwelling unit on site; and
     •    the subject site is substantially less than 2,000m2 and the use is located within 100
          metres of another caretaker's accommodation, being the approved Ancillary dwelling
          unit on site.
Additionally, the proposal does not meet the requirements of Performance Outcome PO2 of
the Caretaker's Accommodation, Dwelling Unit and Rural Workers' Accommodation Code as
the application material has not adequately demonstrated the need for a Caretaker's
accommodation to be located on the site, including demonstrating the need for 24 hour care
of buildings, operations, plant or equipment.
It is noted that as the use requires staff to be on site after hours on occasion, these staff
members would be working during these periods and as such not residing in the Caretaker’s
accommodation during these periods. It is noted that Council has no objection to an area being
provided within the tenancy for fatigue management purposes.
The proposal is not supported, and it is strongly recommended that the application be
withdrawn.
Information Required
1.       Should you wish to proceed with the application, provide:
         1.1. sufficient justification and evidence of the need for the Caretaker’s
              accommodation, including demonstrating the need for 24 hour care of buildings,
              operations, plant or equipment;
         1.2. justification for the need for two Caretaker’s accommodation dwellings (ie the
              current proposal and existing approved Ancillary dwelling unit) to be required on
              the site. It is noted the application material states that the approved Ancillary
              dwelling unit is no longer being used for this purpose, however it is unclear if the
              dwelling unit has been removed / decommissioned; and
         1.3. amended plans providing the Caretaker’s Accommodation with the amenities
              included in the Dwelling definition.




                                                                                          Page 2 of 3

Page 3

Issue - Carparking
Council does not support carparking being located within industrial tenancies. Additionally, it
is unclear how the delivery / pick up etc of products and materials to and from the industrial
use would be possible when the carpark is being utilised by the resident of the Caretaker’s
accommodation, given the access to the workshop area would be restricted.
Information Required
2.    Noting the above recommendation to withdraw, should you wish to proceed with the
      application, provide:
      2.1. amended plans providing for a Caretaker’s accommodation carpark within the
           common property area; and
3.    DUE DATE FOR RESPONSE TO INFORMATION REQUEST

The due date for providing the requested information is 23 April 2024. Email your response
to [email protected]. 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.
4.    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


Tara Norley
Senior Development Planner




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