Negotiated Report (Representations made) MCU21 0215

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0215
Development Approval	Development Permit for Material Change of Use of Premises (Warehouse & Caretakers Accommodation)
Applicant	9 Dot
Representations Received On	9 May 2022
Number of Submissions for Original Application	Not Applicable

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
Locality	Noosaville
Zone	Low Impact Industry Zone
Overlays	Land Subject to Acid Sulfate Soils
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Material Change of Use of Premises (Warehouse) was issued on 27 April 2022.
The applicant suspended the appeal period and made representations on 9 May 2022 to the development approval conditions. The representations are detailed below but primarily relate to the front fencing.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 14
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.
Applicant’s Representation
The applicant states:
“As indicated in the original changes representations, the applicant wanted to discuss an alternative for the front fence to that in required in Condition 14 in the decision notice with Council.
At today’s meeting Michael explained that his preference was to upgrade the existing security fence along the road frontage of the site… as follows, while keeping this existing fence on its current alignment by:
(a) painting the existing fence a darker colour such a carbon black or Dulux monument so that is not a dominant element in the streetscape;
(b) widening the gate opening within the existing fence so as to agree with the proposal plans and relevant Council conditions; and
(c) undertaking dense landscaping behind the fence as shown in the proposal plans”.
Assessment of Representation
Acceptable Outcome AO36 of the Low Impact Industry Zone Code requires that front fencing is setback an average of 2 metres and that no part of the fencing is within 1 metre of the property boundary. The existing front fence does not comply with this Acceptable Outcome as it is located on the property boundary, however it is considered unreasonable to require that an existing fence be replaced. It is also noted that the fence does not detrimentally impact on the appearance of the streetscape as it is a metal picket stye fence with openings and therefore will not block views of the vegetation that is required to be planted on the inside of the fence. It is considered that the representation to retain the existing front fence is reasonable and Council agrees to amend Condition 14.

conclusion & reasons for decision
Council agrees to amend Condition 14 in order to retain the existing front fence on the property and not require it to be setback from the property boundary. The existing fence will not impact on the appearance of the streetscape and the site will be landscaped within the front setback to lessen the impact of the fence.
RECOMMENDATION
With regard to Application No. MCU21/0215, and the representations made, Council on 2 June 2022 decided to:
A.	Agree to amend condition 14 to read as follows:
The existing front fence is to be maintained for the life of the development. Fence colours must comprise muted/environmental tones. Landscaping must be provided within the front setback and include in particular:
the works shown on the Approved Plans;
a 3 metre wide landscaping buffer strip along the Bartlett Road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items in accordance with the approved plans and conditions of approval for the duration of the use;
The planted vegetation must consist of native, endemic species comprised of medium and large shrubs with a growth height of less than 3 metres; and
vegetated screening of any electrical transformers, bin storage areas and the like from the road frontage.
B.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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