Meeting papers

On 19 April 2022 Council issued an Advisory Letter notifying the owner of the subject site that
Council had received a complaint in relation to noise and fumes from a mechanical workshop on
site and advising options to resolve the matter. One option included lodging a development
application to seek approval for the use, noting that any application would need to address noise,
fumes, proximity to neighbouring properties etc. Application MCU22/0120 was subsequently
lodged on 15 July 2022 seeking a retrospective approval for the mechanical workshop operating
from the site.
2.2. Site Description
The subject site is comprised of approximately 2.02 hectares and gently slopes from east to west.
The site fronts Eucalypt Way, whilst the northern boundary is bordered by the shared access
easement for 43 and 39 Eucalypt Way. The dwelling house, shed and carport on site are accessed
from the shared access easement and a driveway. The site has a dam located towards the northern
boundary and mature vegetation at the rear of the property, which is mapped as an Area of
Biodiversity Significance by the Biodiversity, Waterways and Wetlands Overlay Map.
2.3. Surrounding Land Uses
It is noted that the subject site is zoned Rural, however the land uses and lot sizes along Eucalypt
Way are commensurate with rural residential development, being approximately 2 hectares on
average and containing dwelling houses and ancillary structures.
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.
South East Queensland (SEQ) Regional Plan
The site is located within the Regional Landscape and Rural Production Area of the SEQ Regional
Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
•    Koala Habitat Area
The proposal is located outside of the mapped koala habitat area and therefore does not trigger
assessment under the Planning Regulation 2017.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
•    Rural Zone Code; and
•    Home-based Business Code.
The subject site is located in the Cootharaba and is zoned Rural. A home-based business is
identified as a consistent use with the zone and is required to follow a code assessable application
process.



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