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Town Planning Report
Material Change of Use
Medium Impact Industry



305 Lake Macdonald Drive, Lake Macdonald QLD 4563
Lot 1 on SP108094



Jasemri Pty Ltd as Trustee for the Jasemri Property Trust
Helitak Fire Fighting Equipment Pty Ltd




                                                            8th December 2021
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Page 2

Table of Contents
Important Note                                                                                                                                                                               2
1.  Summary                                                                                                                                                                                  3
2. Application Information                                                                                                                                                                   5
3. Development Intent                                                                                                                                                                        6
4. Characteristics of Site and Surrounds                                                                                                                                                     7
    4.1 Site Characteristics                                                                                                                                                                 7
         4.2 Site History                                                                                                                                                                    7
         4.3 Surrounding Land Uses                                                                                                                                                           8
         4.4 Current Registered Landowner                                                                                                                                                    8
5.       Proposed Development Details                                                                                                                                                      10
         5.1 Material Change of Use                                                                                                                                                        10
6.       State Planning Interests                                                                                                                                                           12
         6.1 Planning Act                                                                                                                                                                   12
         6.2 Referral Agencies and State Development Assessment Provisions                                                                                                                  12
         6.3 State Planning Policy                                                                                                                                                          12
         6.4 South East Queensland Regional Plan 2017                                                                                                                                       12
7.       Noosa Plan 2020 Considerations                                                                                                                                                     13
         7.1 Level of Assessment                                                                                                                                                            13
         7.2 Strategic Framework                                                                                                                                                            13
         7.3 Applicable Development and Overlay Codes                                                                                                                                       15
         7.4 Biodiversity, Waterways and Wetlands Overlay Code                                                                                                                              16
         7.5 Flood Hazard Overlay Code                                                                                                                                                      16
         7.6 Rural Zone Code                                                                                                                                                                17
         7.7 Industry Activities Code                                                                                                                                                       18
         7.8 Driveways and Parking Code                                                                                                                                                     19
         7.9 Waste Management Code                                                                                                                                                          19
8.       Other matters under S.45(5)(B)                                                                                                                                                    20
9.       Conclusion                                                                                                                                                                         21


List of Figures
Figure 1 : Fire Tank in Production. .................................................................................................................................................3
Figure 2 : Componentry ................................................................................................................................................................. 4
Figure 3: Subject Site ....................................................................................................................................................................... 7
Figure 4: Smart map Cadastral Plan..........................................................................................................................................9
Figure 5: Shed and Facilities ........................................................................................................................................................ 10


List of Tables
Table 1: Application Information...................................................................................................................................................5
Table 2: Project Team and Appendices.....................................................................................................................................5


 Prepared By                                                 Glen Conforti – Senior Planner                                      6th December 2021

 Reviewed By                                                 Russell Green - Director                                            8th December 2021




RG Strategic                                                    Town Planning Report – Material Change of Use                                                                                 1

Page 3

Important Note

Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.

We have prepared this report for the sole purposes of Jasemri Pty Ltd as Trustee for the Jasemri
Property Trust (“Client”) for the specific purpose of demonstrating the proposed use as being
permitted under the Noosa Plan 2020 (“Purpose”). This report is strictly limited to the purpose and
the facts and matters stated in it and does not apply directly or indirectly and will not be used for
any other application, purpose, use or matter.

In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.

This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;

             •   this report may not be relied on by a Third Party; and

             •   RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
                 arising out of or incidental to a Third Party; and

             •   publishing, using, or relying on the facts, content, opinions or subject matter contained
                 in this report

If a Third Party uses or relies on the facts, content, opinions, or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.

In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential, or financial or other loss.




RG Strategic                         Town Planning Report – Material Change of Use                        2

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1. Summary

Jasemri Pty Ltd as Trustee for the Jasemri Property Trust (the Applicant) trading as Helitak Fire
Fighting Equipment Pty Ltd has engaged RG Strategic to seek development approval for a Material
Change of Use for a Medium Impact Industry for the manufacturing of Helitak firefighting equipment.
Site plan are included as Attachment 1. The application is required to follow an impact assessment
application process.

Helitak Fire Fighting Equipment Pty Ltd (Helitak) is a Rotary Aerial Fire Fighting specialist, aerial
firefighting design and manufacturer since 2006. Helitak manufactures fire tanks, described
internationally as Agricultural Water Dispensing Units, which fit to the underside of helicopters. The
tanks range in capacity from 1,000 litres to 10,000 litres and sizes from 2m x 1.2m x 0.27m to 6.5m x
2.2m x 0.36m depending on the size and lifting capacity of the helicopter.

The fire tank is a ground breaking design constructed of a carbon fibre top, heavy duty vinyl
extending bladder with all the electrical system, microprocessor, pneumatics, and foam/retardant
dispensing tank on board. An onboard pump takes less than 60 seconds to fill.




Figure 1 : Fire Tank in Production.


The applicant seeks to manufacture and assemble the tanks within the existing 450m² shed. A small
outdoor area of 156m² and a new transportable demountable office space of 72m² will be used. A
total GFA proposed of 522m².

The business employs up to 12 people onsite operating from 7am – 3pm Monday to Friday and
occasionally on Saturday from 7am – 12 noon.

Deliveries include a 2 tonne Pantech approximately 1-2 times per week with larger deliveries 1-2

RG Strategic                          Town Planning Report – Material Change of Use                 3

Page 5

times per month of a medium rigid vehicle. No semi-trailers or B-doubles are used. Traffic generation
is far less than the former intensive cultivation use of the site.

Access is provided via an easement located to the southern side of Wimmers. Sight lines from this
access have been assessed under a previous approval and determined to comply with the relevant
Australian Standards. The proposal use will not generate any additional traffic.

One 3m³ industrial waste bin collected every second week is proposed to manage operational
waste.

The site is affected by the Flood Hazard Overlay and the whole site is known to flood. In this regard,
all hazardous chemicals and operational tools will be stored above the defined flood level which is
1.5m above the surrounding ground level. A flood warning system can be implemented to reduce the
risk to people or property from flooding.

The building near Lake Macdonald Drive will be used by the company CEO and family to reside in
and the surrounding area used for an emergency evacuation area, being above the 1% AEP.

It is extremely important to note the fire fighting tanks are not made from steel but from vacuum
moulded carbon fibre. There is no grinding, chipping or noisy cutting tools required for this process.

Effluent disposal has been constructed and the disposal area is located on the access handle
above the flood extent.

The Medium Impact Industry is an inconsistent use in the Rural zone which requires impact
assessment.




       Figure 2 : Componentry



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2. Application Information

Table 1: Application Information

 Address                           305 Lake Macdonald Drive, Lake Macdonald QLD 4563

 Real Property Description         Lot 1 on SP108094

 Land Area                         33.16ha

 Local Authority                   Noosa Council
                                   Abandoned multiple purpose shed used as part of the Cultivation
 Current Use
                                   Type 2 Intensive – indoor tomato growing
                                   Medium Impact Industry – manufacturing and assembling of
 Proposed Use
                                   firefighting equipment / agricultural water dispensing units.

 Planning Scheme                   Noosa Plan 2020
                                   Agricultural Land Overlay (provisions in Rural Zone Code)
                                   Biodiversity, Waterway and Wetlands Overlay Code
 Applicable Overlay Codes
                                   Bushfire Hazard Overlay Code
                                   Flood Hazard Overlay Code

 Local Plan Area                   Not applicable

 Zone                              Rural

 Precinct                          N/A
                                   • Strategic Framework
                                   • Rural Zone Code;
                                   • Industry Activities Code;
                                   • Works Codes;
                                       –     Driveways and Parking Code

 Relevant Codes                        –     Earthworks Code
                                       –     Landscaping Code
                                       –     Sustainable Building Design Code
                                       –     Transport Code
                                       –     Water Quality and Drainage Code
                                       –     Waste Management Code
                                   Jasemri Pty Ltd as Trustee for the Jasemri Property Trust (Helitak Fire
 Applicant
                                   Fighting Equipment Pty Ltd)

 Level of Assessment               Impact Assessment

 Referrals                         N/A



Table 2: Project Team and Appendices

 Town Planning                     RG Strategic

 Site Plan and Layout Plans        RG Strategic                            Appendix A

RG Strategic                         Town Planning Report – Material Change of Use                      5

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3. Development Intent

Helitak Fire Fighting Equipment Pty Ltd (Helitak) is a Rotary Aerial Fire Fighting specialist, aerial
firefighting design and manufacturer since 2006. Helitak manufacturer fire tanks fitted to the
underside of helicopters. The tanks range in capacity from 1,000 litres to 10,000 litres and sizes from
2m x 1.2m x 0.27m to 6.5m x 2.2m x 0.36m depending on the size and lifting capacity of the helicopter.

The fire tank is a ground breaking design constructed of a carbon fibre top, heavy duty vinyl
extending bladder with all the electrical system, microprocessor, hydraulic components and foam
dispensing tank on board. An onboard pump takes less than 60 seconds to fill. The tank.

The applicant seeks to manufacture the tanks within the existing 450m² shed. A small outdoor area
of 156m² and a new office space of 72m² will be used. A total GFA proposed of 522m².

The business employs up to 12 people onsite operating from 7am – 3pm Monday to Friday and
occasionally on Saturday from 7am – 12 noon.

Deliveries include a 2 tonne Pantech approximately 1-2 times per week with larger deliveries 1-2
times per month of a medium rigid vehicle. No semi’s trailers or B-doubles are used. Traffic
generation is far less than the former intensive cultivation use of the site.

Access is provided via an easement located to the southern side of Wimmers. Sight lines from this
access have been assessed under a previous approval and determined to comply with the relevant
Australian Standards. The proposal use will not generate an additional traffic.

One 3m³ industrial waste bin collected every second week is proposed to manage operational
waste.

The site is affected by the Flood Hazard Overlay and the whole site is known to flood. In this regard,
all hazardous chemicals and operational tools will be stored above the defined flood level which is
1.5m above the surrounding ground level. A flood emergency management plan is provided which
provides a detailed plan in the event of flood. A flood warning system can be implemented to reduce
the risk to people or property from flooding.

The building near Lake Macdonald Drive will be used for the company CEO and family to reside in
and the surrounding area used for an emergency evacuation area, being above the 1% AEP.

It is extremely important to note the fire fighting tanks are not made from steel but from vacuum
moulded carbon fibre. There is no grinding, chipping or noisy cutting tools required.

Effluent disposal has been constructed and the disposal area is located on the access handle
above the flood extent.

The Medium Impact Industry is an inconsistent use in the Rural zone which requires impact
assessment.

Noting the existing greenhouse is not part of this application.




RG Strategic                       Town Planning Report – Material Change of Use                     6

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4. Characteristics of Site and Surrounds

4.1 Site Characteristics

The land which is subject of this report (i.e. the subject site) is located at 305 Lake Macdonald Drive,
Lake Macdonald. The site is bounded Six Mile Creek with some associated riparian vegetation. The
balance of the site is grassed (former turf farm) with an abandoned intensive cultivation
‘greenhouse’. Refer to Figure 3 Site Location and Figure 4 Smart Map Cadastral Plan.

The subject site identified with a red perimeter and the insets show the existing shed for the
manufacturing of the fire tanks and the easement through Lot 2.




Figure 3: Subject Site


4.2Site History

A Development Permit for Material Change of Use of Premises - Cultivation Type 2 – Intensive
(Greenhouse) MCU14/0039 and REC15/0012 (access easement) was initially issued by Council on 19
November 2015. The applicant subsequently lodged an appeal with the Planning and Environment
Court on the 1 December 2015 (Appeal D171/2015) seeking a number of changes to the conditions of
approval. Following further submission of revised flood and stormwater management plans, Council
resolved to finalise the appeal at the Ordinary Meeting of 20 October 2016.

RG Strategic                       Town Planning Report – Material Change of Use                       7

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The Planning and Environment Court issued its judgment and Development Approval on 18
November 2016 which triggered the assessment and issue of Infrastructure Charges Notice N1163 on
5 December 2016 in accordance with:

   • Sustainable Planning Act 2009;

   • State Planning Regulatory Provision (adopted charges) July 2012 as amended by Adopted
       Charges Schedule 2016 (SPRP); and

   • Council’s Charges Resolution (No.2) 2014 (Amendment 1) effective date 28 October 2016. The
       Infrastructure Charges Notice required the applicant to pay the amount of $250,096 at the
       current Adopted Infrastructure Charges Schedule 2016 index date (29 July 2016).

An appeal was lodged with the Planning and Environment Court on the 11 January 2017 seeking the
court to set aside the infrastructure charge.

As a result of the appeal an amended infrastructure charge notice was issued on 14 February 2018

A change to the development approval MCU14/0039 was approved on the 5 December 2018 to
amend the bunds in relation to firefighting access to the greenhouse.

The site has a history as a turf farm and an abandoned intense cropping use within the existing
greenhouse. Both uses have been abandoned as insufficient water supply hampered the ability of
the businesses to be viable.



4.3 Surrounding Land Uses

As illustrated in Figure 3, the subject site is surrounded by rural low lying land to the west. Noting
some of these lots are cleared and some fully vegetated. Tewantin National Park is located further
to the west.

   • To the east - a few rural residential sized lots and Lake Macdonald.

   • To the south - Wimmers, formerly PGH Brickworks

   • North – small Rural zoned lots.



4.4      Current Registered Landowner

The Current Registered Landowner of the subject site is Jasemri Pty Ltd as Trustee for the Jasemri
Property Trust and trades as Helitak Fire Fighting Equipment Pty Ltd. The above details are
confirmed by the Certificate of Title enclosed within this application.




RG Strategic                      Town Planning Report – Material Change of Use                     8

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Figure 4: Smart map Cadastral Plan




RG Strategic                     Town Planning Report – Material Change of Use   9


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RG Strategic Town Planning Report — Material Change of Use

Page 11

5. Proposed Development Details

5.1 Material Change of Use

This application is seeking a Development Permit for Material Change of Use for a Medium Impact
Industry for manufacturing of firefighting equipment within an existing 450m² shed, 156m2 concrete
apron adjoining the shed and a separate 72m² office building. The structures are located near the
abandoned greenhouse. The shed was previously used as a multiple purpose shed and the concrete
apron and separate office space are new structures as shown in Figure 5 below.




Figure 5: Shed and Facilities


Figure 5 illustrates the existing shed, new concrete apron and demountable office building.
Greenhouse in the background.

Helitak Fire Fighting Equipment Pty Ltd, the business, employs up to 12 people onsite operating from
7am – 3pm Monday to Friday and occasionally on Saturday from 7am – 12 noon.

Deliveries include a 2 tonne Pantech approximately 2-3 times per week with larger deliveries 1-2
times per month of a medium rigid vehicle. No semi’s trailers or B-doubles are used. Traffic
generation is no greater than the former intensive cultivation use of the site.

Access is provided via an easement located to the southern side of Wimmers. Sight lines from this
access have been assessed under a previous approval and determined to comply with the relevant
Australian Standards. The proposal use will not generate any additional traffic to that of the former
intensive agricultural use. One 3m³ industrial waste bin collected every second week is proposed to
manage operational waste.



RG Strategic                      Town Planning Report – Material Change of Use                    10

Page 12

The site is affected by the Flood Hazard Overlay and the whole site is known to flood. In this regard,
all hazardous chemicals and operational tools will be stored above the defined flood level which is
1.5m above the surrounding ground level. A flood emergency management plan is provided which
provides a detailed plan in the event of flood. A flood warning system can be implemented to reduce
the risk to people or property from flooding. The office building is on posts and sits above the ground
level.

Effluent disposal has been constructed and the land application area is located within the access
handle, above the flood extent.

The building near Lake Macdonald Drive will be used for the company CEO and family to reside in
and the surrounding area used for an emergency evacuation area, being above the 1% AEP.

Noise is contained with the existing shed and faces to the west, away from any of the rural
residential lots. It is extremely important to note the fire fighting tanks are not made from steel but
from vacuum moulded carbon fibre. There is a very limited use of noise generating tools for this
process.




RG Strategic                      Town Planning Report – Material Change of Use                      11

Page 13

6. State Planning Interests

6.1 Planning Act

The Planning Act 2016 (‘the Act’) is the relevant statutory instrument under which development
applications are assessed. The development application is made in accordance with s.51 of the Act.



6.2 Referral Agencies and State Development Assessment Provisions

Referral matters for this proposal have been assessed against the provisions of Schedule 10 of the
Planning Regulation 2017: A review of the State Assessment Referral Agency’s (SARA) DA online
mapping system has confirmed no matters of state interest are applicable.

Noting the that the application is not triggered under Part 16 Division 6, Subdivision 2 27F of the
Planning Regulation 2017 as the use has a gross floor area of less than 800m² and a total outdoor
area less than 1,500m².



6.3 State Planning Policy

The relevant sections of the State Planning Policy (July 2017) have been incorporated into the Noosa
Pan 2020 except for Natural Hazards, risk and resilience – coastal hazards – in part. The application
does not trigger assessment against for coastal hazards.



6.4South East Queensland Regional Plan 2017

The South East Queensland Regional Plan 2017 (SEQRP) is the principal planning document for
managing growth and development within the South East Queensland region. The subject site is
located within the Regional Landscape and Rural Production area. The proposed development is
consistent with the regional land use intent, regional policies and desired regional outcomes and no
further assessment is required.




RG Strategic                      Town Planning Report – Material Change of Use                    12

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7. Noosa Plan 2020 Considerations

7.1 Level of Assessment

Pursuant to Table of Development Assessment 5.5.13 of the planning scheme the application
requires Impact assessment because Medium Impact Industry is not listed in the Use column and
therefore is an inconsistent use in the Rural zone.

The application is therefore assessed against the relevant Strategic Outcomes and codes of the
planning scheme as outlined below.



7.2 Strategic Framework

The Strategic Framework of the Noosa plan 2020 (Planning Scheme) sets the policy direction for the
region and forms the basis for ensuring appropriate development occurs within Noosa Shire. The
Strategic Framework is premised on 8 themes that seek to achieve the strategic intent established
by the Planning Scheme, including:

       1) Settlement;

       2) Community Wellbeing;

       3) Housing Choice;

       4) Biodiversity and Environment;

       5) Economy and Employment;

       6) Transport and Movement;

       7) Infrastructure and Services;

       8) Natural Hazards and Resilience.

The proposed development does not compromise the outcomes sought by the Strategic Framework
with the most relevant being Strategic Outcome for Economy and Employment Outcomes 3.3.5(d)
and (g), Natural hazards and Resilience Outcome 3.3.8 (a).

    (d) Smart, innovative and sustainable businesses and industries are promoted and provided
        for, which are responsive to new technologies and changing market conditions.

    (g) Employment areas, education/ training and mixed-use developments are provided to
        meet the needs of the current and next generation.

         Natural Hazards and Resilience

   (a) The Noosa community is well informed, resilient and able to adapt and plan for natural
       hazard and climate change risks.




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Helitak Fire Fighting Equipment Pty Ltd is a niche manufacturing business globally leading in its class.
The product allows helicopters to carry a maximum payload of water and foam/retardant when
fighting fires with all componentry on board for its use. The refill time is less than 60 seconds which
is important in the context of firefighting.

The innovative product is new technology manufactured from carbon fibre and importantly, is
designed and manufactured in Noosa Shire. The product is unique as it allows the helicopter a
greater payload than other tanks, and a refill turnaround time far less than fixed wing aircraft which
may have a greater payload but a much slower turnaround time. The ability of a helicopter to access
certain landform areas is far superior to the fixed wing aircraft.

The Strategic Outcomes seek those innovative industries are promoted, provided for and be
responsive to new technologies and market conditions. Helitak Fire Fighting Equipment is a unique
innovative product designed and manufactured onsite. It is this type of product which the strategic
outcomes seek to support. In terms of climate change where more frequent and intense bushfires
are expected, Helitak Fire Fighting Equipment have the foresight to provide a product that helps to
meet these changing conditions.

In support of the innovativeness of the business, the following is offered -

    •    Helitak won the 2010 Australian Technologies Awards – Disaster & Emergency Award;

    •    Helitak was selected as a finalist in the 2010 Endeavour Awards – Global Supply Chain
         Integration of the Year;

    •    Helitak was selected as a finalist in the 2021 Queensland Community Achievement Awards
         – Synaco Safety Award;

    •    Helitak was selected as a finalist in the 2021 Queensland Premiers Export Awards;

    •    Helitak was selected as a finalist in the 2021 Sunshine Coast Business Awards – Export
         Award;

    •    Helitak was selected as a finalist in the 2021 Telstra Business Awards; and

    •    Helitak won the 2021 Sunshine Coast Business Awards – Advanced Manufacturing Award.




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The company employs up to 12 people contributing to the local economy and teaching the younger
generation the skills to manufacture and assemble a product that is highly needed in a changing
climate. The applicant offers the following important information in regard to training/employment
of local youth for the future.

         Helitak has for the last 3 years collaborated with a number of Sunshine Coast Schools and
         offered a pathway for students to either attend School Based work experience at Helitak to
         provide a hands on aviation and engineering experience to students considering further
         education ‘post schooling’ in either of these career subjects. Local schools St. Theresas
         Catholic College, Good Sheperd Lutheran College, Peregian Beach College and Noosa
         District State High School have all utilised this opportunity.

         Apart from work experience Helitak has enjoyed the attendance of a number of students
         from years 10 through to 12 who have undertaken a School Based Traineeship program
         completing a Cert III in Engineering with two of these students continuing in full time
         employment with Helitak after leaving school. These two students are currently in the final
         few months of completing their Cert IV Engineering in their selected fields (Machining and/or
         Electrical/Avionics)

         Over the last two weeks we have provided work experience to a further two St. Theresa’s
         students (1 just finishing Year 11 and another just finishing Year 12 and taking a Gap year).
         Both of which will continue with Helitak throughout 2022.

         Helitak have also committed to involvement in the 2022 Aerospace Gateway to Industry
         Schools program coordinated by the Defence Jobs Queensland section of the Department
         of State Development, Infrastructure, Local Government and Planning of which Noosa
         District State High School are a participant. This will provide on the job training to school
         students in the Aerospace/Aviation industry.

The use does not conflict with the Strategic Outcomes as it provides a locally designed and
manufactured innovative product which the Strategic Outcome’s seek to promote and provide for.
Also, and importantly Helitak is providing Noosa youth with a pathway for industry based
traineeships contributing to employment, education and training of the local community.

The Use is appropriately located so as not to negatively affect adjoining land uses.

7.3 Applicable Development and Overlay Codes

The following planning scheme codes are relevant to the proposed development:

     •         Biodiversity, Waterways and Wetlands Overlay Code
     •         Flood hazard Overlay Code
     •         Rural Zone Code including (Agricultural Land Overlay provisions)

     •         Industries Activities Code
     •         Works Codes
               o    Driveways and Parking Code

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7.4 Biodiversity, Waterways and Wetlands Overlay Code

The shed is located in the Riparian buffer area. The use is not using any highly toxic chemicals and
is a far less environmental risk than the previous agricultural uses (intensive cropping and turf farm).
As part of the previous approval for intensive cultivation, the shed’s location in the riparian buffer
area was scrutinised and considered to comply with the code.

A small 72m² office building is proposed generally within the existing footprint given car parking
previously occurred in the office location. In support of the application, the applicant is proposing
to regenerate with tube stock the equivalent area of the new building within the riparian buffer.

The proposal complies with the Biodiversity, Waterways and Wetland Overlay Code as all
development is contained generally within the existing footprint and regeneration with native tube
stock of the equivalent area to the office is proposed in the riparian buffer.



7.5 Flood Hazard Overlay Code

The site is known to flood and was highly scrutinised in the previous approval for intensive cultivation
which included the existing shed subject of this application. Performance Outcome PO1 and PO11
are relevant and provided below for reference.



PO1
Development      provides   that   for   all   flood    events     up   to    and   including   the   DFE :
(a)      the safety of people on the site is protected; and

(b)      the risk of damage to property on the site is avoided or minimised as far as practicable.

PO11
Development ensures that public safety and the environment are not adversely affected by
avoiding the release of hazardous materials into flood waters and the environment.

The Flood Assessment prepared for the previous intensive cultivation approval is a public document
and indicates that including the subject shed and the greenhouse, there is a no flood worsening at
the boundaries of the site. Given there is no further building works as part of this proposal, other
than a small demountable type office on skids which allows for the free flow of flood waters, no
change to the impact on the flood plain will occur.

The applicant is also willing to provide an early warning flood system to Six Mile Creek to ensure
there is ample time to evacuate to higher ground. As indicated in the Flood Assessment under the
previous approval, there is a minimum of 2 hours from the time Six Mile Creek reaches 92m AHD at a
location along the sites south western boundary.

The Helitak Fire Fighting Equipment Pty Ltd CEO will reside in the Dwelling house located near the
Lake Macdonald Drive frontage which will ensure any flood management plan is activated so staff
and delivery entry to the site is not accessed during flood events.

RG Strategic                       Town Planning Report – Material Change of Use                         16

Page 18

In terms of hazardous materials, a very small quantity of low hazardous materials are kept in a
cupboard which consists of a can of thinners and undercoat paint which can be quickly and easily
moved to a shelf which is above the 1% AEP for the surrounding area of the shed.

Tools are kept on shelves approximately 1m above NGL and 0.4m above the FFL of the shed., above
the 1% AEP extent.

Historical owners of the site indicate that the area where the shed is constructed has never been
inundated with flood waters.

The proposal meets the Flood Hazard Overlay Code as measures are in place to ensure that people
are protected from flood and the risk to property is minimised.

7.6 Rural Zone Code

The subject land is within the Rural Zone and an assessment of the proposed development against
the relevant Performance Outcomes of the Code including for the provisions for Agricultural Land
Conservation Area (ALCA) Overlay is provided in below.

PO1
Land uses in the Rural zone are limited to those which are compatible with agriculture and the
protection of environmental and landscape values.



PO2
Development does not result in the loss or diminished productive capacity of Agricultural Land
Conservation Area.

PO9
Development does not result in environmental harm or environmental nuisance to sensitive land
uses.

PO11
Development does not have a significant adverse impact on the natural values of the site including
through:
(a)      loss of biodiversity values, fauna habitat and fish passage;

(b)      changes to natural drainage;

(c)      disturbance to any wetland systems;

(d)      erosion and the transport of sediments off site (including pollutants and other contaminants
         which would affect the capacity of agricultural lands);

(e)      worsening of landslide or fire risk;

(f)      on-site effluent disposal;

(g)      creation of dust and air pollutants;



RG Strategic                          Town Planning Report – Material Change of Use                17

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(h)       disturbance of buildings and features, including natural features, of cultural heritage
          significance.

The proposal complies with the above Performance Outcomes for the following reasons;

      •   The proposal is not a noisy land use as the firefighting tanks are NOT manufactured from
          steel but vacuum moulded carbon fibre;

      •   Does not generate abnormal quantities of traffic. The existing access for the use is located
          to the southern side of Wimmers which has sufficient sightlines for exit and entry to the site;

      •   Does not dimmish the productive capacity of the land as the shed is not located on ALCA
          and the land can still be used for any suitable agricultural use. As an example, the existing
          green house could continue its use for intensive cropping purposes with the relevant
          approvals;

      •   The shed occupies around 0.14% of the land area resulting in more than 99.86% of the land
          to be used for agricultural purposes;

      •   The use would not negatively affect cattle grazing or cropping uses onsite given that it is
          not a noisy use and leaves more than 99% of the land for agricultural pursuits;

      •   Notwithstanding the availability of the land to be used for agricultural purposes mentioned
          above, the land’s agricultural uses are limited as the properties topsoil qualities are severely
          diminished as the site has historically been a turf farm, which erodes the topsoil with each
          harvest;

      •   The shed is nearly 300m from the nearest sensitive land use with most dwellings being more
          than 350m – 600m from the shed.

      •   The shed is located behind vegetation and is not seen from any surrounding or adjoining
          properties;

      •   Access is via an easement located on another adjoining non-agricultural use (Wimmers), so
          there is no negative impact on vehicle entry or exit.

      •   While the shed is located in the riparian buffer, there is no additional impacts to the
          ecological values of the area. In fact the operation has less environmental impact as no
          herbicides, fungicides or chemical fertilisers are used, which may be used in agricultural uses.



7.7 Industry Activities Code

The Performance Outcomes PO1, PO2, PO3 and PO10 are relevant to this proposal and provided
below for reference.

PO1
Industry activities are located on a site suitable for their intended purpose and are supported by
adequate infrastructure and services.


RG Strategic                        Town Planning Report – Material Change of Use                       18

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PO2
Industry activities are of a type, scale and intensity that is consistent with the zone, locality and
character of the area in which it is located.

PO3
Industry activities contribute to the local economy and employment in the area in which it is located.

PO10
Industry activities are conducted in an environmentally responsible manner, operating without
deleterious impacts on immediate, surrounding or downstream communities, environments or
environmental processes.

The proposal is located with access to all infrastructure that is required for the use to occur. An
approved effluent disposal system exists on site with the land application area located above the
flood extent.

The shed is located behind another non-agricultural use (Wimmers) and is not seen from Lake
Macdonald Drive or from any of the adjoining properties. The proposal is not a high intensity use and
generates less traffic than the previous agricultural uses that have occurred on site.

The shed is existing within the riparian buffer and the small new office is located within the general
footprint of the area and is where carparking used to occur. The use will not impact on environmental
values of the site nor any of the potential agricultural pursuits. The proposal uses a very limited
amount of hazardous material which can be easily located higher than flood levels when needed.

The development meets the provisions of the Industry Activities Code as the site is serviced by all
the required infrastructure, is of a scale no greater than previous agricultural activities and will not
have any deleterious environmental affects.

7.8 Driveways and Parking Code

An existing road base carparking area for more than 20 vehicles provides parking in excess of the
code provisions. A circular driveway exists for safe access of delivery and waste collection. The
development meets the minimum quantity of carparking required by the planning scheme as
outlined in Table 9.4.1.4 and AO6.2 of the Code.



7.9 Waste Management Code

The nature of the business is that there is a minimum quantity of waste generated with the tanks
made from carbon fibre and heavy duty vinyl. Therefore, only 1 x 3m³ industrial waste bin is required
to be collected every second week.




RG Strategic                       Town Planning Report – Material Change of Use                      19

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8. Other matters under S.45(5)(B)

The Planning Act 2016 s45(5((B) states that an Impact assessment application may have regard to
any other relevant matter such as a planning need. Section 45 is provided below for reference.

(5) An impact assessment is an assessment that—

   (a) must be carried out—

                (i) against the assessment benchmarks in a categorising instrument for the
                development; and

                (ii) having regard to any matters prescribed by regulation for this subparagraph; and
   (b) may be carried out against, or having regard to, any other relevant matter, other than a
   person’s personal circumstances, financial or otherwise.

                Examples of another relevant matter— • a planning need • the current relevance of
                the assessment benchmarks in the light of changed circumstances • whether
                assessment benchmarks or other prescribed matters were based on material errors.

In this regard, there is a planning need for the development. There is a shortage of large floor plate
tenancies where a business of this type can operate. The Industrial zoned area in Cooroy including
the Taylor Court developments are small tenancies and in Noosaville all new industrial developments
offer small 100m² – 200m² tenancies. The lack of large floor plate industrial tenancies forces
businesses outside the Noosa Shire. In this case, being a local business, the owners seek to continue
operating in the Shire.

Larger tenancies are available at Quanda Road Coolum Industrial Estate, but the owners seek to
keep the business in Noosa Shire. As discussed in section 7.2 of this report, Helitak provides
employment and traineeships to Noosa locals and is a unique business like no other in Noosa. The
Noosa Shire benefits economically from the proposal providing training and employment
opportunities for local people.

When considering the deficiency in large floor plate industrial land in the Noosa Shire, and the
economic and employment benefits of the development, the proposal is well located on the subject
site to deliver benefits to the Noosa community into the future.




RG Strategic                      Town Planning Report – Material Change of Use                    20

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9. Conclusion

Jasemri Pty Ltd as Trustee for the Jasemri Property Trust (the Applicant) trading as Helitak Fire
Fighting Equipment Pty Ltd seeks a Development Permit for a Material Change of Use for a Medium
Impact Industry at 305 Lake Macdonald Drive, Lake Macdonald described as Lot 1 on SP108094.

This report demonstrates that the proposed development complies with the relevant provisions of
the Noosa Plan 2020, and the proposed development can be supported on the following grounds:

• The proposal complies with Strategic Outcomes 3.3.5(d) and (g) and 3.3.8 (a) as the proposal:

       o is to manufacture a very vital innovative, locally designed firefighting product which is
          partly in response to a predicted climate change scenario of an increased risk of and more
          intense bushfires; and

       o is employing up to 20 local people and providing the young generation with new skills.

•   Complies with the Biodiversity, Waterways and Wetlands Overlay Code as:

       o the use is being undertaken within the existing shed and the new office and concrete apron
          is generally within the development footprint; and

       o an offset area of planting tube stock is proposed (on a m² to m² rate) within the riparian
          buffer to enhance the environmental values of the land.

• The proposal complies with the Flood Hazard Overlay Code because:

       o the shed has been previously assessed for flooding impacts as part of a previous approval
          which demonstrated there is no worsening of flood extent at the boundaries as a result of
          the proposal; and

       o the new office building is on posts which does not inhibit the flow of flood waters.

       o A flood warning system is proposed onsite to protect people and property from flooding.

• This report demonstrates the proposal complies with PO1, PO2 and PO11 of the Rural Zone Code
    for the following reasons:

       o The shed sits outside the Agricultural Land Conservation Area;

       o The productive capacity of the land is not diminished as all agricultural uses can still
          operate. As an example, the existing greenhouse could operate with the relevant
          approvals; and

       o The shed occupies no greater than 0.14% of the land area resulting in more than 99% of the
          land available for agricultural pursuits;

       o Only a very small amount of hazardous material are used and can be located above the
          flood level.

For the reasons above, it is recommended that Noosa Council approve the application subject to
reasonable and relevant conditions.


RG Strategic                       Town Planning Report – Material Change of Use                  21

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