Court Judgement 16 July 2021 - Case 176 of 2019

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        19020 A.301        C       Elevations                                    12-06-21

     Nature and Extent of Approved Use
3.   Each ancillary dwelling unit must not be let independently of the industrial use conducted
     on the lower level and may only be occupied by the caretaker, owner or employee of the
     industrial use conducted on the lower level.
4.   Each ancillary dwelling unit must not be separately titled to the industrial use on the
     lower level and must remain associated and ancillary to the industrial use on the lower
     level. The ancillary dwelling unit is not permitted to be used for bed and breakfast
     accommodation and/or short-term accommodation.
5.   Each ancillary dwelling unit must not exceed the gross floor area identified on the
     Approved Plans.
6.   All ancillary dwelling unit windows must be double glazed.
7.   Partition walls for each ancillary dwelling unit must be 180mm in width and comply with
     AS/NZS 1664.1 SUPP 1:1997 together with AS/NZS 1664.1:1997 AMDT 1.
     Currency Period
8.   The development approval lapses if the works have not been completed and all
     conditions of approval been complied with by 17 June 2027, unless an application to
     extend the currency period is approved by Council.
     Compliance with 132007.738.04
9.   All conditions on development approval 132007.738.04 for a Development Permit for
     Material Change of Use for Industrial Business Type 1 – Warehouse and Industrial
     Business Type 2 – Production, Alteration, Repackaging & Repairing) must be met.
5.   ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
1.   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.
2.   The proposed ancillary dwelling units are located in an area that is zoned Low Impact
     Industry under the Noosa Plan 2020 and a range of industrial uses are planned to
     establish that may generate noise, odour, dust, waste nuisance or the like. These
     industrial businesses will not be required to include additional measures to address the
     potential impacts from these industrial uses on the dwelling units given they should
     reasonably be expected.


6.   FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit Required            Subject of the required Development Permit

 Development Permit for Building Works          All building works