Change Representations - woodland · MCU23/0008

                                                                                  Pivotal Perspective Pty Ltd
                                                                 Local and International Development Planning
                                                                                      4/59 Mary St, Noosaville
                                                                                           QLD, Australia 4565
                                                                              [email protected]
                                                                                            +61 0406 334 227




21 March 2024


Noosa Council
[email protected]

RE:    Change Representations – MCU23/0008 – 7 Woodland Drive, Peregian Beach

In accordance with the Planning Act 2016, we seek to suspend the appeal period and
make the following change representations:

Condition 4 – Use Hours

4.     The approved use must not operate outside the hours of 7am to 9pm
       Monday to Saturday and not all on public holidays.

The condition as worded restricts all uses (residential and commercial) from operating on
the site on Sunday, public holidays and overnight.

Performance Outcome PO17 of the Innovation Uses Code seeks for the siting, design and
hours of operation do not unreasonably impact on the amenity enjoyed by users of
adjoining or nearby premises. Acceptable Outcome AO11.1 of the Business Uses Code
also seeks for uses directly adjoining land in the residential zone to restrict the hours of
operation.

However, the site does not directly adjoin a residential zone and is separated by a road.
AO11.2 of the Business Uses Code seeks for hours restricted to 6:00am to 10:00pm,
seven days a week. Considering the use as an office and caretakers dwelling – the impacts
on the amenity of nearby premises is limited and we therefore seek for the condition to be
deleted.



7.     The office use must comply with the definition of office under the Noosa
       Plan 2020 and must include advanced manufacturing technologies,
       servicing or research and analysis related only to one or more of the
       following employment sectors and as defined in Table 1 below;
              a) Digital economy
              b) Creative Industries
              c) Knowledge industries
              d) Science, research and technology.
              e) Environmental industries
              f) Education and training

The applicant contends the condition (as worded) has the effect of changing the office use
to Research and Technology Industry (as separately defined). The use as Research and
Technology requires 1 carspace per 50m2 of GFA, whereas the office approval requires 1
carpark for 20m2 of GFA. This would allow for an additional 74m2 of GFA.

The relevant Tables of Assessment seeks for any office use (excluding a bank, post office
or real estate agency) – in this regard, the applicant seeks to keep their options open to
apply for a separate Research and Technology Industry application in the future. We
therefore seek for the change to the condition as follows to allow for more appropriate
compliance enforcement in the future.