MCU22/0120 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE – HOME-BASED BUSINESS (MECHANIC) AT 39 EUCALYPT WAY, COOTHARABA (Referred from Planning & Environment Committee Meeting dated 11 July 2023 - Item 5.5) · ATTACHMENT 1 - MCU22 0120 - PLANNERS REPORT

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REPORT
1.   PROPOSAL
The application seeks approval for a Material Change of Use - Home-based business (Mechanic).
The application has been lodged in response to compliance action undertaken by Council as a
result of a complaint received regarding an unlawful home-based business operating on site. The
applicant is therefore seeking a retrospective approval for the home-based business.
The proposal for the home-based business notes that the business is primarily a mobile
mechanical business, however, servicing and mechanical repairs (no panel beating or spray
painting is proposed) are proposed to be undertaken within an area of approximately 60m2 within
the existing 126m2 shed. The owner of the business resides on site.
At the time of the application, the business also employed one additional staff member, however
the applicant provided updated information during the application process indicating that the
business no longer employed any additional staff members. The existing hours of operation are
between 8am and 5pm, five (5) days per week and not on public holidays.
The locality and proposal plan are included below.




                                        Figure 1 – Locality

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                                        Figure 2 – Subject Site




                                     Figure 3 – Workshop Photos

2.    SITE DETAILS
2.1. Background
The subject lot, including a building envelope, was created in 2002. The intention of the location of
the original building envelope was to ensure the buildings and effluent disposal areas were located
above the Q100 flood levels, as approved under the original lot reconfiguration, which also met the
minimum setbacks required by the Planning Scheme current with that approval.
On 25 February 2011 Council approved a request to change the existing building envelope
(REC11/0022) in order to not impact on existing mature paperbark trees located within the building
envelope. The existing dwelling house received building approval in September 2011.
On 21 May 2021 a Development Permit for Building Works – Structure Outside of Building
Envelope (DBW21/0042) was issued by Council, approving the location of the existing shed
(proposed to be utilised for the home-based business) outside of the approved building envelope.

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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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Safety, Amenity and Effects of Use
The follow provisions of the Rural Zone Code are relevant to the proposal:
6.8.3.2     Purpose and Overall Outcomes
            (1)   the purpose of the Rural zone is to
                  (a)    provide for rural uses and activities; and
                  (b)    provide for other uses and activities that are compatible with:
                         (i)   existing and future rural uses and activities; and
                         (ii) the character and environmental features of the zone
            (2)   The overall outcomes sought for the Rural zone are as follows:-
                  (m)    Home-based businesses which add to the economic sustainability of the
                         hinterland are established where the nature, scale and intensity of the
                         activity is compatible with the character and amenity of the surrounding
                         locality.
6.8.3.3     Assessment Criteria
            PO1         Land uses in the Rural zone are limited to those which are compatible with
                  agriculture and the protection of environmental and landscape values.
            PO9 Development does not result in environmental harm or environmental nuisance
                to sensitive land uses*.
                  *’sensitive land uses’ includes (but is not limited to) a dwelling house.

The follow provisions of the Home-Based Business Code are relevant to the proposal:
9.3.6.2     Purpose and Overall Outcomes
            (1)   The purpose of the Home-Based Business Code is to ensure that Home-based
                  businesses are established and operated in a manner which:
                  (b)    protects the amenity of surrounding premises;
            (2)   The overall outcomes sought for home-based businesses are:-
                  (a)    A home-based business is domestic in scale and operates in a manner that
                         is subordinate to the residential use on the premises.
                  (b)    A home-based business is compatible with the preferred character of the
                         local area.
                  (c)    A home-based business operates without compromising the safety of, and
                         amenity enjoyed by, adjoining and nearby residents.

9.3.6.3.1   Assessment Criteria
            PO1         Home-based business is located where it does not impact on the
                  residential amenity enjoyed by users of adjacent premises.
            PO5 The home-based business is an inconspicuous component of the primary use of
                the dwelling as a permanent residence.
            PO9 The nature and operation of the home-based business does not result in noise,
                vibration, odour, dust, other air pollutants, light, glare or radio or electrical
                emissions that can be experienced outside the subject property.
The following Acceptable Outcomes of the Home-based Business Code are relevant:
     AO5.1        Development is conducted:
                  (a) within a dwelling; or
                  (b) within another enclosed structure on the site of a dwelling house.
     AO9.2        On properties less than 4 hectares in area the home-based business does not
                  include an operation that would otherwise be defined as low impact industry.

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      AO9.3       The home-based business does not produce noise which exceeds the
                  background noise level plus 5 dB(A) at the site boundaries.
      AO9.5       Noise generating machinery or mechanical plant used for the home-based
                  business is enclosed within a building and not located within 100 metres of
                  a sensitive land use including a dwelling house on an adjoining property.
The use is proposed to be carried out within the existing shed onsite, and as such may be able to
comply with AO5.1 of the Home-Based Business Code requiring the use to be conducted within
an enclosed structure on the site. Although the development may be conditioned to be contained
fully within the shed, with all doors to be closed at all times, it is considered that given the nature
of the use, doors may be required to be opened during operation to allow sufficient ventilation to
the shed. It is therefore considered impractical to condition such a requirement, had the proposal
been recommended for approval.
In addition, at 2 hectares in size, the subject site is substantially under the 4 hectare acceptable
outcome required in the Home-Based Business Code. The original application material did not
provide sufficient information regarding potential impacts of the use, predominantly in relation to
noise, given the relatively small rural lot sizes in the area and proximity to nearby dwelling houses
(refer to Figure 4). As such, an Information Request (IR) was issued on 12 August 2022 requesting
an acoustic report be provided which reviewed noise associated with the operations of the business
and determined whether noise would be heard at the property boundaries. It was also requested
that, should the report identify that noise is audible at the property boundaries, recommendations
be provided to attenuate the noise so that it is not audible beyond the property boundaries. The
applicant declined to provide an acoustic assessment in the Information Request response, stating:
      ‘The cost to obtain a site and operational specific Acoustic Assessment and Report is
      considered to be unnecessary and an onerous expense for the applicant to incur with
      consideration to the small-scale nature of the proposed operation’.
      ‘During normal operation of the business on-site, no noise is heard beyond the site
      boundaries as the mechanical work is undertaken inside the shed’.
Further correspondence with the applicant reiterated Council’s request for an acoustic report to be
provided in order to allow for adequate assessment of the proposal, however the applicant
consistently declined the request. As an acoustic report was not provided, Council cannot
determine compliance with relevant acceptable and performance outcomes in relation to noise
generation and impacts resulting from the use. It is noted that a Council Planning Officer and
Environmental Health Officer attended the site as part of the assessment process, where the
applicant was requested to run mechanical equipment (eg compressor) whilst the officers were on
site, whereby it was determined noise could be experienced outside the subject site when the
equipment was in use. It is considered that utilising the site at least three (3) days per week where
noise is audible off site will result in adverse amenity impacts on surrounding residents, the extent
of which, and potential mitigation measures, cannot be determined without a site and use specific
acoustic report.
The following image details the proximity of surrounding dwellings from the shed in which the
proposed use is to operate, the image identifies that 6 dwellings are located within 200 metres of
the shed.

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                Figure 4: Dwelling houses in proximity to proposed home-based business
                               (green = 100m, blue = 200m, orange = 300m)

It is also noted that repairing and servicing motor vehicles (including mechanical components,
radiators, electrical components, wheel alignments, exhausts, tyres, suspension or air
conditioning) is included in the Low Impact Industry definition under Noosa Plan 2020. A home-
based business that proposes a Low Impact Industry use may be consistent in the Rural zone
under Noosa Plan 2020, however it is noted that despite the subject site being zoned Rural, the lot
sizes in Eucalypt Way (at an average of approximately 2 hectares) are commensurate with Rural
Residential development. The proposed use would trigger impact assessment in the Rural
Residential zone under Noosa Plan 2020.
Sufficient information has not been provided to demonstrate that the use will not impact on the
residential amenity enjoyed by users of adjacent premises (noting the application was originally
lodged as a result of compliance action stemming from a resident complaint received by Council),
including that the operation will not result in noise being experienced outside the subject property.
The proposal is therefore not considered to be compatible with the preferred character and amenity
of the local area and is likely to compromise the amenity enjoyed by adjoining and nearby residents.
The applicant has failed to demonstrate compliance with the Purpose and Overall Outcomes and
PO1, PO5, PO9 and PO10 of the Home-based Business Code and the Purpose and Overall
Outcomes and PO1 and PO9 of the Rural Zone Code and as such it is recommended the proposal
not be supported.

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4.    CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
•     Environmental Health Officer, Waste & Environmental Health
5.    CONCLUSION & REASONS FOR DECISION
The application seeks approval for a Material Change of Use - Home-based business (Mechanic).
The application was lodged in response to compliance action undertaken by Council as a result of
a complaint received regarding an unlawful home-based business operating on the subject site,
therefore the applicant is seeking a retrospective approval for the home-based business.
A home-based business is a code assessable use in the Rural zone in which the site is located.
The proposal has been assessed against the relevant Noosa Plan codes, whereby it was
determined sufficient information has not been provided to demonstrate that the use will not impact
on the residential amenity enjoyed by users of adjacent premises, including that the operation will
not result in noise being experienced outside the subject property. The proposal is therefore not
considered to be compatible with the preferred character and amenity of the local area and is likely
to compromise the amenity enjoyed by adjoining and nearby residents. It is therefore
recommended that the application be refused.


Departments/Sections Consulted:

      Mayor                         Community Services                      Corporate Services

      Councillors                   Director                                Director

                                    Community Development                   Financial Services

      Chief Executive Officer       Community Facilities                    Fleet

      Executive Support             Libraries & Galleries                   ICT

                                    Local Laws                              Procurement

                                x   Waste & Environment Health              Property

                                                                            Revenue Services



      Executive Services            Environment & Sustainable Development   Infrastructure Services

      Director                  x   Director                                Director

      Community Engagement          Building & Plumbing Services            Asset Management

      Customer Service          x   Development Assessment                  Buildings & Facilities

      Governance                    Economic Development                    Civil Operations

      People & Culture              Environmental Services                  Disaster Management

                                    Strategic Land Use Planning             Infrastructure Planning,
                                                                            Design & Delivery