Minor Change Council Report MCU12 0012.02

mcu12/0012.02 - change to the development approval for material change of use (home based business – type 3- SIGNIFICANT SCALE) situated at 298 tablelands road cooran

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU12/0012.02

Attachments	Nil

APPLICATION DETAILS
Application No.	MCU12/0012.02
Development Approval	Change to a Condition of a Development Permit for Material Change of Use - Home based business Type 3 - Significant Scale (Quad Bike Tours)
Applicant	Mr Charles James Marais
Request Received On	26 March 2018

PROPERTY DETAILS
Property Address	298 Tablelands Rd Cooran
RP Description	Lot 2 RP 192052
Land Area	89516.93m2
Existing Use of Land	The property is used as a base for a home based business whereby visitors take quad bikes into the neighbouring National Park.

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Locality	Mary River Catchment
Zone	Rural
Assessment Type	Minor Change to Development Approval

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 8 May 2018 regarding Application No. MCU12/0012.02 to make a minor change to an existing approval for Material Change of Use – Home Based Business Type 3 (Quad Bikes) situated at 298 Tablelands Rd Cooran and:
A.	Agree to delete Condition 16; and
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval to change to an existing development approval for Material Change of Use – Home Based Business Type 3 (Quad Bike Tours). The approval includes a sunset condition stating the approval lapses unless further extended by Council. The proponent seeks to remove the sunset clause so the approval is ongoing.
The location of the site is shown in Figure 1 – Locality Plan below.

Figure 1 – Locality Plan
The application was received prior to the development permit lapse date of 31 March 2018 and the permit remains valid while Council undertakes its assessment. The request is before Council due to the previous public interest in the original application.
background
A development permit for a Material Change of Use – Home Based Business Type 3 – Significant Scale (Quad Bike Tours) was approved by Council at the Ordinary Meeting on 18 October 2012. Refer Figure 2 – approved plan of development.
At the time the application was publicly notified, 24 properly made submissions and 709 not properly made submissions were received. The submitters raised a number of concerns pertaining to both on-site and off-site impacts of the proposed business.
The applicant subsequently made representations to 2 conditions relating to effluent disposal and days of operation.  Council agreed to the changes and issued a Negotiated Decision Notice on 2 November 2012.
A change to the development approval was approved 4 June 2015 to extend the approval date for the use until 31 March 2018.
The approved use allows approximately 800m2 of the 8.95ha site to operate as a base for the quad bike tour business.  The area is used to store 12 quad bikes and to induct tourists on quad bike operation.  The tours commenced in early 2013.  Up to 2 x 3hr tours a day are allowed Monday to Saturday.  A maximum of 10 tourists take part led by 2 guides.
Tourists are collected by mini-bus either from their accommodation or from Cooran.  Once at the site they undertake a 20-30 minute briefing and induction.  Tours then proceed from the site on the quad bikes, approximately 500m along Tablelands Road to the Woondum National Park entrance, on the quad bikes.  The bikes are speed restricted to 30km/h and travel single file behind the tour operator for the journey through the Park.
It is important to note Council’s development approval only relates to the use of the subject site and not the majority of the tour, which is off site.  A Commercial Activity Permit was issued by the Department of Environment and Heritage Protection (DEHP) allowing the tours within the National Park.  Queensland Police also issued a permit for the quad bikes to use Tablelands Road and the access tracks in the Park.

Figure 2 – approved plan of development
assessment
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.
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 change would not result in a substantially different development as it seeks to remove 1 condition only;
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.
Statutory Instruments – Planning Scheme
The subject site is located in the Mary River Catchment Locality and is zoned Rural. The existing use is identified as a Home-Based Business Type 3 (Significant Scale), as the business is carried out in an associated building and outdoor area on the lot to which the dwelling is located.
The home-based business use is identified as a consistent use within the zone, which was subject to the impact assessment process. The Overall Outcomes of Mary River Locality Code mention maintaining rural character, lifestyle and its primary use as agriculture. In particular, Outcome 8.8.2 g) details that Home Based Businesses are promoted where they are consistent with the amenity of the locality and environmental qualities.
The applicant has applied to remove a condition from the existing permit that specifies a lapsing date of the use, as follows.
Condition 16
Pursuant to s342 of the Sustainable Planning Act 2009, this development approval lapses on 31 March 2015, unless application is made and approved by Council for extension.
Applicant’s Request
The applicant wishes to have an MCU with no expiry date. The applicant states: I have invested a lot of time and money into the original application process with Council, to obtain a MCU on my property. I applied for a MCU on my property and not a permit to operate. The permit to operate the tours in the National Park was approved before making application for the MCU and was not a decision to be made by Council. To date neither our business nor any overseeing departments, including Council have ever received a complaint. The business has always adhered to all conditions as set out in the MCU as well as those in our National Park and Queensland Police Permits. I trust Council to assist my small business based on the proven success over the last five years.
Assessment of Request
The condition was applied to allow Council to discontinue the use in the event the business did not comply with Council’s requirements or was found to cause undue impacts on the area.  This was also due to the fact there was significant community interest in the use at that time. Council’s Development Compliance Officer has undertaken inspections and confirms the business operates in accordance with the development conditions and no complaints have been received.
No reasons exist for the development approval to be discontinued and deletion of condition 16 is supported.
cONSULTATION
Referral Agencies
Not applicable.
Other Referrals
The application was not required to be forwarded to internal Council specialists.
conclusion & reasons for decision
Since commencing operation in 2013 the Quad Bike Tour business has operated in accordance with Council’s conditions of approval and has not caused any significant impacts on the amenity of the area or led to any complaints.  The applicant’s request to delete Condition 16 to make the development permit ongoing is therefore supported.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

[word/footer1.xml]
Page 1 of 5

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	8 MAY 2018

[Attachment: image1.png (image text)]
Sunshine Coast
Council

Ce Rear ues a ee Ceres

 

 

6.309240 Longitude:


[Attachment: image2.png (image text)]
,
2nd Drive

a
%,
&
%
or
8

SITE PLAN

298 Tablelands Rd
Cooran Qld. 4569
Lot2 of Plan 192053

Old Stables

 

{SUNSHINE COAST REGIONAL COUNCIL

 

 

 

‘Access Tracks APPROVED
sing
ial cel
shed 8
Chicken Coupe North
‘Windmill 4
oan
Pome House ‘Access Tracks
ii
Wa
foi
Road

Parish Woondum County March

1st Drive