1.0 Applicants Response to Information Request MCU200008

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1.0 Information Request – MCU20/0008

1. Issue

The application material does not demonstrate how the proposal meets the definition of ancillary
dwelling unit or the definition of caretaker’s residence as stated in the Noosa Plan.

Information Required

1. Provide written justification for the proposed ancillary dwelling unit for caretaker’s residence
    against the Noosa Plan definitions for ancillary dwelling unit and caretaker’s residence. For
    reference, the applicable definitions are reiterated below:

    Ancillary dwelling unit means the use of premises for a caretaker’s residence or employee
    residence associated with a non-residential use on the same premises where:

              There is no other dwelling unit on the premises, except where the non-residential use is an
               agricultural use;
              The gross floor area of the dwelling unit does not exceed 150m2;
              The dwelling unit is subordinate to the non-residential use;
              The dwelling unit is attached to or within 25m of the non-residential use; and
              The dwelling unit is occupied by the owner of the non-residential use or somebody
               employed in the non-residential use

Caretaker’s residence means a dwelling unit situated on the same premises as a business use,
community use o infrastructure use where it is occupied by the owner or employee of the business or
operation for reasons of ensuring security and maintenance of the business or operation.

Applicants Response

The proposed caretaker’s residence adheres to the definition of an ancillary dwelling unit stated in the
Noosa Plan.

          There is no additional dwelling unit on 1/33 Gateway Drive.
          The gross floor area of the dwelling is 79.6m2, significantly below the 150m2 limit.
          The dwelling unit is subordinate to the non-residential use and will only operate for security
           purposes of the existing on-site use.
          The proposed dwelling unit is within the current tenancy.
          The dwelling unit will be operated by the owner of the non-residential use or, at times
           somebody employed in the non-residential use. In addition, the dwelling unit will only be used
           part time or when the tenant stores company vehicles and building materials.

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2. Issue

Not all activities or uses in an industry or commercial zone are of a natural that requires 24-hour
security or a maintenance requirement that justifies personnel to be living on site. Insufficient
information has been provided in the application material to demonstrate the need for an ancillary
dwelling unit for a caretaker’s residence in this location.

Information Required

2. Provide a statement or business plan that details the type of business that is or will be lawfully
operating from Lot 1 on SP170305 describing the activities which justify the need for a caretaker in
residence on the property.

Applicants Response

The tenancy at 1/33 Gateway Drive is currently used by Darren Magee Constructions PTY LTD for
storage of construction materials and company vehicles. In addition, 1/33 Gateway Drive has
experienced attempted break-ins. In response, Darren Magee Constructions proposes a caretaker’s
unit to enable the owner or an employee the opportunity to occupy the tenancy over a 24-hour period
and provide security for the tenancy. The caretakers unit is not proposed for use by anyone not related
to the existing business use. This is consistent with either number of existing caretaker units within
the Noosaville industrial area approved by Noosa Council to this point.




3. Issue

The site which is the subject of the application comprises one (1) lot on part of the building format
plan within a community titles scheme and therefore cannot be considered in isolation without regard
to the premises as a whole. The carparking proposed to be allocated to the ancillary dwelling unit is
located in the common property of the community titles scheme. Further, the submitted material fails
to provide information or evidence to confirm if any other dwelling unit currently exists within any
other building format lot in the scheme.

Information Required

3. Provide written consent from the body corporate for the community titles scheme applicable to Lot
1 SP170305 and Lot 0 SP170305 to the making of the application.

4. Provide written confirmation from the Body Corporate for the community titles scheme applicable
to Lot 1 SP170305 and Lot 0 SP170305 identifying if any other ancillary dwelling units for caretaker’s
residence is/ are located within the community titles scheme.

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5. Provide a copy of the Community Management Statement for the community titles scheme and
highlighting any provisions or restrictions within the management statement relating to the caretaking
rights or management rights of the premises.

6. Provide a copy of any carparking allocation or exclusive use areas defined through the community
titles scheme and community management statement for the premises that demonstrates the rights
for the owner of Lot 1 to utilise the proposed carparking space for the purposes of an ancillary dwelling
unit without compromising the carparking required to service the uses within the complex.

Applicants Response

3. Please refer to attached Body Corporate consent to the making of this application.

4. Pease refer to the attached Body Corporate letter confirming no other ancillary dwelling units for
caretaker’s residence is/ are located within the community titles scheme, consistent with Councils
online approvals record for the site.

5. Please refer to the attached Community Management Statement which does not give provision or
restrict caretaking rights or management rights of the premises.

6. Please refer to the attached Community Management Statement which includes plans specific to
the allocation of parking to each on-site lot (tenancy). The subject tenancy is allocated parking
identified as ‘A’ on Plan B within the Community Management Statement.

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4. Issue

The application includes Lot 1 on SP170305 as the parcel subject to the application when in fact Lot 0
on SP170305 should be included as part of the application given the proposed carparking is located
within that lot. It is recommended that the application be changed to include both parcels in the
application.

Information Required

7. Provide a change application and amended application forms that include Lot 0 on SP170305 in the
proposed Material Change of Use application accompanied by owners consent from the body
corporate.

Applicants Response

The attached DA Form 1 and Planning Report have been revised to include reference to Lot 0
SP170305. Additionally, consent from the Body Corporate is provided.




End of applicant’s response.



Regards
Building Suncoast Green



Will Johnson
Planner (PIA)