Delegated Report - Code - Planning MCU21 0215

Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0215
Applicant	9 Dot
Proposal	Material Change of Use - Caretaker’s accommodation, Warehouse
Properly Made Date	9 December 2021
Information Request Date	14 January 2022
Information Response Date	11 March 2022
Decision Due Date	27 April 2022
Report Completed Date	27 April 2022
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	9 Bartlett Rd Noosaville Qld 4566
RP Description	Lot 48 RP 173566
Land Area	1,528m²
Existing Use of Land	Industrial use – storage facility

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Impact Industry Zone
Precinct	Not Applicable
Local Plan Area	Noosaville Local Plan Area
Overlays	Land Subject to Acid Sulfate Soils
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use for a Caretaker’s accommodation and warehouse. The proposal consists of three warehouse tenancies on the ground floor and a mezzanine level on the upper floor. Tenancy 1 includes a caretaker’s accommodation for the owner to utilise.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Ground Floor Plan

Figure 3 – Mezzanine Floor Plan

Figure 4 – North and East Elevations

Figure 4 – South and West Elevations

site details
Site Description
The subject site is located on a 1,526m2 industrial lot and is currently occupied by a self-storage facility.
Surrounding Land Uses
The subject site is surrounded by low impact industrial sites to the north, east and west, and adjoins residential lots to the south.
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Impact Industry Zone Code;
Noosaville Local Plan Code;
Caretaker’s Accommodation, Dwelling Unit and Rural Worker’s Accommodation Use Code;
Industry Activities Code;
Works Driveways and Parking Codes.
The subject site is located in Noosaville and is zoned Low Impact Industry. The proposed uses are identified as consistent uses within the zone and are required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height metres	10 metres	7.96-8.44 metres	
Boundary setbacks Frontage Side Side Rear	6 metres min 0 metres min 0 metres min 10 metres min	19.3 metres 0 metres 0 metres 5.1 metres	X
Landscaped open space Soft landscaping	229m² min (15%) min 60% of total	230m² >60%	
Carparking	14 carparking spaces min 8 motorcycle/scooter min	14 carparks 2 motorcycle spaces	X
Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	6 bicycle spaces 1 locker per 2 bicycle spaces	0 bicycle spaces 0 lockers	X X
Caretaker’s Accommodation
The proposal seeks to establish a 65m2 Caretaker’s Accommodation located in Tenancy 1 to be occupied by the owner. The applicant has stated that the Caretaker’s Accommodation is needed as the owner receives deliveries of specialist medical equipment and construction materials to carry out fit outs of medical and professional suites.
The proposal complies with design requirements for Caretaker’s Accommodation regarding size, residential amenity and remaining ancillary to the non-residential activities on site. However, the application fails to demonstrate the genuine need for a caretaker’s accommodation on the site as required by the following planning scheme codes:
Caretaker’s Accommodation, Dwelling Unit and Rural Worker’s Accommodation Code:
AO2.2
In the Low Impact Industry zone or the Medium Impact Industry Zone, caretaker's accommodation is:
directly associated with and subordinate to the industry activity on site; and
the only residential use on the site;
on a site with an area of at least 2,000m2 or is not located within 100 metres of any other caretaker's accommodation; and
not separately let for other accommodation activities.

PO2
Caretaker’s accommodation is used for bona fide caretaking or property management purposes such that:
in the Rural zone, caretaker’s accommodation is required because of the need to caretake a non-residential activity on site; or
in the Low Impact Industry zone, the Medium Impact Industry Zone or the Innovation Zone, caretaker's accommodation demonstrates the need for 24 hour care of buildings, operations, plant or equipment.
Editor’s Note—Council would require sufficient justification that the caretaker’s residence is required for the industry, rural or other activity on the site.

Low Impact Industry Zone Code:
Caretaker’s accommodation
PO7
Development for caretaker’s accommodation:
is directly associated with and subordinate to the industry activity on site;
demonstrates a demand for 24 hour care of buildings, operations, plant or equipment;
is not separately let for other accommodation activities;
includes no more than one caretaker’s accommodation per site;
is on a site with an area of at least 2,000m2;
has a maximum gross floor area of 65m2; and
is occupied by at least one person who is employed by the primary non-residential use on-site.

The applicant has stated the following regarding the need for the caretaker’s accommodation on the site:
“Due to the high cost of some equipment and the logistics in obtaining these items to ensure these are available on time for construction and fit out they require secure storage. These items which in some cases extremely expensive, bulky and hard to source with extensive wait times due to logistics and overseas delivery issues”.
“The reason that the applicant is undertaking the construction of this property is because the equipment requires storage in a monitored and highly secure premises”.
“The applicant will be sleeping on site when equipment is being delivered and stored to ensure the security of the equipment. The caretaker’s accommodation (which is essentially subordinate to the primary storage use) will be used sporadically perhaps to approximately 14 days at a time. During daylight hours the applicant will be based in the on-site office for Tenancy 1 or will be at the applicant’s home address”.

It is considered that the monitoring and security of items being delivered does not require a full-time caretaker to be present and could sufficiently be monitored by a security system or security guard present on site. Further, the Caretaker’s Accommodation will not be utilised full-time by the owner and will only be used intermittently when equipment is being delivered. As such the proposal does not demonstrate the need for 24-hour care of equipment and therefore does not comply with Performance Outcome PO2 (b) of the Caretaker’s Accommodation, Dwelling Unit and Rural Worker’s Accommodation Code and Performance Outcome PO7 (b) of the Low Impact Industry Zone Code.
The proposal does not comply with Acceptable Outcome AO2.2 (c) of the Caretaker’s Accommodation, Dwelling Unit and Rural Worker’s Accommodation Zone Code or Performance Outcome PO7 (e) of the Low Impact Industry Zone Code regarding the minimum site area required for a Caretaker’s Accommodation. The subject site is 1,528m2 in lieu of the required 2,000m2.
The Caretaker’s Accommodation component of the application is therefore recommended for refusal. Carparking requirements will be conditions for the Warehouse component of the proposal only.

Carparking
Performance Outcome PO6 of the Driveways and Parking Code requires the following parking to be provided for a Warehouse:
Carparking
one space per 50m2 up to 500m2; and
one space per 100m2 in excess of 500m2.
Motorcycle spaces
one space per 100m2 or part thereof of use area; and
for Industry activities a maximum eight spaces provided.
Bicycle spaces
one space per 100m2 up to 500m2; and
one space per 500m2 in excess of 500m2.
As per Performance Outcome PO6 above, the proposal requires the following number of parking spaces:
14 carparking spaces (845m2 warehouse and mezzanine levels gross floor area)
8 motorcycle spaces
6 bicycle spaces
14 carparking spaces and 2 motorcycle parking spaces have been provided in the proposal. A condition will be included to ensure sufficient parking space is provided for motorcycles and bicycles.

Setbacks
Acceptable Outcome AO14 of the Low Impact Industry Zone Code requires a minimum setback of 10 metres to boundaries that adjoin a residential zone. The subject site adjoins a residential zone to the south and proposed a setback of 5.1 metres to this adjoining boundary. As such, assessment against Performance Outcome PO14 is required.
PO14
Buildings and other structures are appropriately designed and sited to—
provide amenity for users of the premises as well as preserve the visual and acoustic amenity of adjoining and nearby properties
maintain access to views and sunlight;
provide adequate distance from adjoining land uses;
allow space for required vehicle parking;
preserve any existing vegetation that will buffer the proposed building;
allow for landscaping between buildings and within frontages to soften buildings, car parking, infrastructure and services;
maintain the visual continuity and pattern of buildings and landscape elements within the street;
avoid large areas of continuous wall planes by varying the building setbacks and using appropriate techniques to provide visual relief;
not visually dominate the street or surrounding spaces
avoid development within the Holts Road setback

It is noted that a 20-metre vegetated easement is present on the adjoining residential property to the south to buffer the impacts of the industry use present on the subject site. The proposal also intends to retain the existing boundary wall on the southern boundary to further screen the development from the adjoining residential use. It is also noted that the proposed rear setback of the development is larger than that of the adjoining properties to the east. The proposal provides a well-articulated building design that maintains and preserves the visual continuity of buildings and landscape elements within the street and doesn’t visually dominate the street. The proposal also provides adequate landscaping within the front and rear setbacks to screen and soften the development from the street and surrounding land uses. As such it is considered that the proposal complies with Performance Outcome PO14.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer – conditions provided
conclusion & reasons for decision
The Warehouse component of the proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The proposal to establish a Caretaker’s Accommodation on site is not supported for the following reasons:
The proposed Caretaker’s Accommodation does not comply with the Caretaker’s Accommodation, Dwelling Unit and Rural Worker’s Accommodation Code, and the Low Impact Industry Zone Code, as:
There is no demonstrated genuine operating need for full-time caretaking of the industrial use;
There is no demand for 24 hour care of buildings, operations, plant or equipment;
It is not on a site with an area of at least 2,000m2.
The application is therefore recommended for approval in part to approve the Warehouse component of the proposed development.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU21/0215 for a Material Change of Use - Warehouse situated at 9 Bartlett Rd Noosaville Qld 4566 and described as Lot 48 RP 173566, it is recommended the application be approved in part, approving the Warehouse and refusing the Caretaker’s Accommodation in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0215
Street address:	9 Bartlett Rd Noosaville Qld 4566
Real property description:	Lot 48 RP 173566
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Warehouse
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions – warehouse
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
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.
Plan No.	Rev.	Plan/Document Name	Date
21015 SD01	B	Ground Level Plan, prepared by Sprout Architects	03/03/2022
21015 SD02	B	Mezzanine Level Plan, prepared by Sprout Architects (annotated by Council)	03/03/2022
21015 SD04	B	Elevations, prepared by Sprout Architects	03/03/2022
21015 SD05	B	Elevations, prepared by Sprout Architects	03/03/2022
21015 SD06	B	Sections, prepared by Sprout Architects (annotated by Council)	03/03/2022
21015 SD09	B	Perspective Views, prepared by Sprout Architects	03/03/2022
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Nature and Extent of Approved Use
This development approval is for three (3) tenancies, to be used as a Warehouse with a total gross floor area of 845m2.
The approved use must not operate outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
The approved buildings must not be used for the purpose of self-storage facilities.
Any display and retail sale of goods must remain an ancillary component to the approved use, have a direct relationship with the industrial use (i.e. result from the industrial business activity) and must not exceed 30% of the total gross floor area of each tenancy.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Currency Period
This development approval lapses if the use has not happened by 27 April 2028, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 10 metres above the finished ground level and the natural ground level.
Building Appearance
The development must be finished with subdued external building colours.
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontage.
Fencing and Walls
The existing boundary wall on the southern boundary must be maintained for the life of the development.
Any fencing to the road frontage must be set back at least 1 metre from the street boundary and must have a minimum average setback of 2 metres to the street boundary. All land between the fence and the front property boundary must be densely landscaped.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping Works
All landscape works must be established and maintained in accordance with the approved design for the lift of the development, and in a manner that ensures healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the lift of the development.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Bartlett Road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover in accordance with council standard drawing RS-051.
Car Parking
A minimum of 14 car parking spaces and 8 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 must be undertaken in accordance with an Operational Works approval and must include in particular:
1 disabled parking space/s within the total;
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
1 MRV space; and
occasional access for a LRV.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a total of 6 bicycle parking spaces;
end of trip facilities involving 3 lockers.
Stormwater Drainage
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 plan 124-003-300, Rev A, titled “Grading and Drainage Layout Plan”, prepared by BAX Engineering.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
reasons for refusal – caretaker’s accommodation
The proposed Caretaker’s Accommodation does not comply with Overall Outcome 2(b), Acceptable Outcome AO2.2 and Performance Outcome PO2 of the Caretaker’s Accommodation, Dwelling Unit and Rural Worker’s Accommodation Code, and Overall Outcome 2(l), Performance Outcome PO7 of the Low Impact Industry Zone Code, as:
There is no demonstrated genuine operating need for full-time caretaking of the industrial use;
There is no demand for 24 hour care of buildings, operations, plant or equipment;
It is not on a site with an area of at least 2,000m2.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Insert Advisory Notes by clicking on the link
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Stormwater, Earthworks, Access, Carparking.
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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