2021-12-13 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                  13 DECEMBER 2021


Application No MCU19/0080 for a Material Change of Use - Ancillary Dwelling Unit (Caretakers
Accommodation associated with the Scooter Style Motorcycles) consisting of a dwelling unit with
approximately 110.8m2 of upper level internal area, including two bedrooms and approximately
25.8m2 of terrace area enclosed in glazing was received by Council on 19 July 2019.

A site inspection carried out by Council Officer’s on 20 March 2020, determined that the current use
operating on the site did not meet the definition of an Industrial Business, being:
      Industrial business means the conduct of an industrial business activity, where goods or
      products are produced, manufactured, dismantled, altered, repackaged, repaired or stored at
      a scale of greater than that defined by retail business. The use includes the sale of goods,
      resulting from such operations, provided that sales space does not exceed 20% of the
      use area. Any space dedicated for administration or accounting work in connection with such
      operations does not exceed 20% of the use area.

New scooter and motorbike sales are not considered an industrial business and do not form part of
the permitted 20% retail sales area (of the above definition), given that the retail sales area is for the
sale of goods resulting from the industrial use on-site. The scooter/motor bike sales was considered
an unlawful use of the site.

Application No MCU19/0080 for a Material Change of Use - Ancillary Dwelling Unit (Caretakers) was
refused under delegation on 30 April 2020.
2.2. Site Description
The subject site is an irregular 1297m2 lot, encumbered by an easement running the full length of
the southern boundary. The site contains an existing approximately 360m2 single storey industrial
building, containing a scooter and motorbike repairs and sales shop. This existing building is partly
constructed within the easement.

The site does not contain any designated / line marked carparks.
2.3. Surrounding Land Uses
The subject site is located within an industrial area and is adjoined by industrial uses to the north
and south. The Council Depot is located on the adjoining lot to the rear, with the south eastern corner
of the depot being heavily vegetated.
3.    ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
•     State Planning Policy;
•     South East Queensland Regional Plan;
•     Planning Regulation 2017;
•     Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.




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