Skip to the record
The first. The best. The only NoosaWatch™.

Original source · versioned page text

MCU21/0104.01 Application For A Minor Change To A Development Approval For A Material Change Of Use Of Premises (Undefined Use – Motorcycle / Scooter Sales & Repair) – 16 Rene St, Noosaville · Attachment 2 - (MCU21 0104.01) - Planning Officer'S Report

of 11

Page text shows just the words. Original shows the document exactly as it was published.

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                      7 MAY 2024


       ATTACHMENT 2 – (MCU21/0104.01) – PLANNING OFFICER’S REPORT


REPORT
1.   PROPOSAL
The applicant seeks approval to change an existing development approval for a Material Change
of Use of Premises (Undefined Use – Motorcycle/Scooter Sales & Repair). The proposal changes
include:
•    Formalise carparking at rear of site;
•    Relocate the approved low impact industry shed planned for the rear of the site to adjoin the
     existing building;
•    Internal renovations of the office, showroom and toilet areas;
•    New shade over entry forecourt;
•    Formalise waste service area in front of site.
The locality and proposal plan are included below.




                                        Figure 1 – Locality




                                                                                    Page 1 of 11
Log in to download the original file

ATTACHMENT 2 - (MCU21 0104.01) - PLANNING OFFICER'S REPORT.pdf · 6.4 MB (large file)

The download may take up to a minute.

Full text of the other 10 pages

Page 2

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT      7 MAY 2024


                           Figure 2 – Subject Site




                            Figure 3 – Site Plan




                                                     Page 2 of 11

Page 3

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                           7 MAY 2024




                                           Figure 4 – Renders

2.    BACKGROUND
The subject site received a development permit on 19 January 1990 for a ‘milk distribution depot’.
In 2013, Scooter Style Noosa Motorcycles established on the site under the superseded planning
scheme as an Industrial business – Type 2 Production, alteration, repackaging & repairing, defined
as:
      The use of premises for the production, manufacturing, dismantling, altering, cleaning, re-
      packaging, freezing or repairing of goods. The use includes food industries, textiles,
      mechanical, boat repair, sandblasting.
An Industrial business – Type 2 use in this location was ‘accepted subject to requirements’ under
the superseded Noosa Plan and therefore no development permit was required for Scooter Style
Noosa Motorcycles given the use was originally limited to mechanical repairs.
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 was
received by Council on 19 July 2019. An information request was issued on 6 August 2009, with
the response received 24 February 2020.
A site inspection carried out by Council Officers 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 to
be for the sale of goods resulting from the industrial use on-site. The scooter/motor bike sales was

                                                                                         Page 3 of 11

Page 4

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                        7 MAY 2024


therefore considered an unlawful use of the site. As such, MCU19/0080 for a Material Change of
Use - Ancillary Dwelling Unit (Caretakers) was refused under delegation on 30 April 2020.
Subsequently, MCU21/0104 was lodged for a Material Change of Use for Motorcycle/Scooter
Sales and Repair and Caretaker’s Accommodation on 11 June 2021. The proposal was presented
to Council at the General Committee on 13 December 2021, where the Planning Officer
recommended approval in part (the sales and repairs component) and part refusal (caretaker’s
accommodation component). Council voted unanimously in accordance with the Officer
recommendation. The applicant ‘stopped the current period’, which is provided for under the
Planning Act 2016, on 15 December 2021 before the application could be decided at the Ordinary
Meeting on 16 December 2021.
The applicant made a change to the application on 24 May 2022, removing the Caretaker’s
Accommodation use from the application. A development approval for a Material Change of Use
of Premises (Undefined Use – Motorcycle/Scooter Sales & Repair) was approved by Council on
16 June 2022 and issued on 20 June 2022.
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;
•    The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
•    Medium Impact Industry Zone Code;
•    Noosaville Local Plan Code;
•    Business Activities Code;
•    Works codes.
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
•    the development would not result in substantially different development as the proposed
     changes do not alter the approved uses on site, with the proposed changes to the built form
     not considered to result in dramatic changes to the scale, bulk or appearance of the
     development;
•    the change does not include prohibited development;
•    the change would not require the application to be referred to an additional referral agency
     or cause a referral agency to have regard to new matters prescribed by regulation;
•    where the original application was code assessable, the change would not cause the
     application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
The Planning Act 2016 requires minor change applications to be assessed against the planning
scheme in effect at the time of the original application, giving weight to the planning scheme in
effect at the time of the minor change application being lodged. Both the original and current minor
                                                                                      Page 4 of 11

Page 5

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                    7 MAY 2024


change applications were lodged and assessed under the current Noosa Plan 2020 (25 September
2020).
Condition 2
   2.    Development undertaken in accordance with this approval must generally comply with
         the approved plans of development. The approved plans are listed in the following table
         unless otherwise amended by these conditions.

           Sheet   Rev.   Plan/Document Name                                    Date
            No.
          A01      C      Site Plan and Floor Plan MCU Application, prepared 20/05/2022
                          by RG Strategic
          B01      B      MCU Application Plan (elevations rear building), 22/12/2021
                          prepared by RG Strategic

Applicant’s Request
The applicant has requested that Condition 2 be amended to reflect the changes to the proposal
plans.
Assessment of Request
The proposal includes changes to the approved plans, including:
•    Formalising carparking at rear of site;
•    Relocating the approved low impact industry shed planned for the rear of the site to adjoin
     the existing building;
•    Internal renovations of the office, showroom and toilet areas;
•    New shade over entry forecourt;
•    Formalising the waste service area.




                                  Figure 5 – Approved Floor Plan




                                                                                  Page 5 of 11

Page 6

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                          7 MAY 2024




                                         Figure 6 – Proposed Floor Plan

    NP2020 Requirements      Existing Approved Plans    NP2020 Requirements      Minor Change Plans

  Use Area

  NA                        Low Impact – 180m2          NA                     Low Impact – 185m2

                            Showroom – 131m2                                   Showroom – 220m2

  Carparking & Motorcycle Spaces

  7 carparks                6 carparks                  9 carparks             10 carparks
  4 motorcycle              2 motorcycle                4 motorcycle           0 motorcycle

  Landscaping

  15% of        the   site 430m2                        15% of       the   site 250m2
  (194m2)                                               (194m2)

The proposed changes include an increase in the use area of both the motorcycle/scooter sales
component and the mechanical repair use on the site. Noosa Plan 2020 does not include any gross
floor or use area limitations on development within the Medium Impact Industry zone, rather
requires development to be of ‘a scale that is compatible with surrounding development’. The
subject site is within an industrial area comprising of a mix of industrial shed development of various
sizes (refer to Figure 7). The proposal is compatible with existing development.




                                                                                         Page 6 of 11

Page 7

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                       7 MAY 2024




                                Figure 7 – Existing Surrounding Development

In addition, the proposal complies with Noosa Plan 2020 requirements in relation to carparking and
landscaping, as per the above table. An amendment to the approved plans condition to reference
the plans provided with the minor change application is included in the recommendation.


Condition 5
5.   The indoor and outdoor sales use area is limited to the areas identified in pink, as shown on
     the approved plan A01, Issue C dated 20/05/22.
Applicant’s Request
The applicant has requested that Condition 5 be amended to reflect the changes to the plans,
namely:




Assessment of Request
The proposal plans include an amended layout, redistributing the areas for indoor and outdoor
sales use area (refer to Figure 8). No issues are raised with the proposal to amend the layout, and
as such a change to the condition is included in the recommendation in accordance with the
applicant’s request.
The condition as proposed by the applicant is vague and can be improved, for certainty, it is
recommended that the condition read as follows:


                                                                                     Page 7 of 11

Page 8

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                       7 MAY 2024


5. The indoor and outdoor sales use area is limited to the areas detailed for these uses on the
approved plans.
The following image details the plan identifying the use areas.




                                      Figure 8 – Sales use area



Condition 7
7.   A minimum of 6 car parking spaces and 2 motorcycle spaces must be provided and marked
     on the site and made available and accessible at all times while the use is open for business.
     The works, including access to the parking, must be undertaken in accordance with an
     Operational Works approval and must include in particular:
     a.    All car parking areas and access driveways must be maintained exclusively for vehicle
           parking and manoeuvring and kept in a tidy and safe condition at all times;
     b.    Directional signage must be provided to direct customers to the car parking spaces
           provided on site.
Applicant’s Request
The applicant has requested that Condition 7 be amended to reflect the changes to the plans,
namely:




                                                                                     Page 8 of 11

Page 9

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                        7 MAY 2024




Assessment of Request
Council’s Coordinator Engineering, Development Assessment has reviewed the proposal plans
and proposed change to the condition and provided the following comments:
     It is noted that the applicant (planning consultant) suggests in his changes to conditions that
     further operational works applications are not required. This is contrary to the advice provided
     by the applicant’s engineering consultant when responding to Council’s information request
     items. The engineer states in his letter dated 18th March 2024 (ref 085(L1) that “clarification
     of the above will be provided at the operational works stage”. It is recommended that the
     need for subsequent operational works applications be retained.
     The amended layout is generally acceptable but the layout and construction need to be
     assured during an operational works application. It is also noted that spaces 6, 9 and 10 must
     be dedicated as “staff”.
It is noted that the proposal plans show 10 line marked car spaces, however no line marked
motorcycle spaces are shown on the plans, despite the applicant’s requested amended condition
stating ‘a minimum of 10 car parking spaces and provision for motorcycle parking must be
provided….’ The provision of 10 car spaces however is in excess of the 9 required under Noosa
Plan 2020, and as such the additional spaces may also be made available for motorcycle parking.
A change to the condition has been included in the recommendation including a requirement for a
minimum of 9 carparks and retaining the requirement for a subsequent Operational Works
application for carparking to be lodged. Additionally, it is also recommended to remove reference
to motorcycle spaces in the condition.


Condition 8
8.   Service vehicle parking, manoeuvring, and standing spaces must be provided on the site and
     must include in particular a loading bay for a single unit truck 12 metres x 3.6 metres.
Applicant’s Request
The applicant has requested that Condition 8 be amended to reflect the changes to the plans,
namely:




Assessment of Request
Noosa Plan 2020 requires service vehicle parking (specifically a loading bay for a single unit truck
12 metres x 3.6 metres) to be provided on site for industrial development on lots between
1,000m²—1,999m², as such the proposal by the applicant to provide a service vehicle parking
within the Rene Street frontage is not supported. Sufficient space is available within the

                                                                                       Page 9 of 11

Page 10

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                        7 MAY 2024


developments driveway to provide a 12m x 3.6m bay, and as such the condition for onsite parking
is recommended to be retained.
It is noted that there is no requirement in the planning scheme for the service vehicle to be able to
manoeuvre on site (re. turn around so as to be able to exit in a forward gear). As such, a minor
change to the condition is included in the recommendation to remove the word ‘manoeuvring’ from
the condition. Additionally, a plan annotation is included in the recommendation to require the
proposed awning over the driveway to be a minimum height to 4.5m to allow a service vehicle to
enter the site.


Condition 10
10.   The site must be provided with a stormwater drainage system connecting to a lawful point of
      discharge. The works must be undertaken in accordance with an Operational Works approval
      and generally in accordance with report titled “Preliminary Stormwater Management Plan”,
      rev 0, dated 7 October 2021 and prepared by RECOR Pty Ltd.
Applicant’s Request
The applicant has requested that Condition 10 be amended to reflect the changes to the plans,
namely:




Assessment of Request
Council’s Coordinator Engineering, Development Assessment has reviewed the proposal plans
and proposed change to the condition and provided the following comments:
      The requested change deletes the need for a subsequent operational works application and
      is not in accordance with the recommendation of the applicant’s consulting engineer. It is
      also noted that the recently submitted engineering drawing has been prepared by a different
      consultant and has a drawing number.
A change to the condition has been included in the recommendation in accordance with the
Coordinator Engineering, Development Assessment recommendation, including retaining the
requirement for a subsequent Operational Works application for stormwater to be lodged and for
the full details (including the drawing number) of the Stormwater Management Layout Plan to be
referenced in the condition.


4.    CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Other Referrals
The application was forwarded to the following internal Council specialists:
•     Coordinator Engineering, Development Assessment




                                                                                     Page 10 of 11

Page 11

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                          7 MAY 2024


5.    CONCLUSION & REASONS FOR DECISION
The application seeks a minor change to a development permit for Material Change of Use for an
Undefined Use - Motorcycle/Scooter Sales & Repair. The proposal is of a scale that is compatible
with surrounding development and includes built form, carparking and landscaping changes
consistent with the requirements of Noosa Plan 2020.
The proposal is therefore recommended for approval.
Departments consulted:
     Office of the CEO, Mayor &               Community Services          Corporate Services
             Councillors
     Mayor & Councillors                   Director                    Director
     Chief Executive Officer               Community Development       Financial Services
     Executive Officers                    Sport & Active Lifestyles   Fleet
     Community Engagement                  Arts & Culture              Revenue Services
     People & Culture                      Community Connection        ICT
     Governance                            Customer Experience         Commercial Property
     Strategy & Environment &              Development & Regulation     Infrastructure Services
     Sustainable Development
     Director                          x   Director                    Director
     Strategic Land Use Planning       x   Development Assessment      Infrastructure Planning, Design
                                                                       and Delivery
     Economic     Development      &       Local Laws                  Civil and Asset operations
     Destination Management
     Environmental Services                Environmental Health        Asset Management
     Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                           Property / Permits          Disaster Management
                                                                       Waste




                                                                                       Page 11 of 11

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.