Delegated Report - Code - Planning RAL21 0030

Author	Consultant Planner
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0030
Applicant	64 Gateway Drive Pty Ltd TTE
Proposal	Reconfiguring a Lot - Industrial
Properly Made Date	1 December 2021
Information Request Date	17 December 2021
Information Response Date	17 December 2021
Decision Due Date	11 February 2022
Report Completed Date	7 February 2022
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	64 Gateway Dr Noosaville Qld 4566
RP Description	Lot 13 SP 170295
Land Area	12350m²
Existing Use of Land	Vacant Low Impact Industry development under construction (stage 1)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Impact Industry Environmental Management and Conservation
Precinct	Gateways Drive West Makers Precinct
Local Plan Area	Noosaville Local Plan Area
Overlays	N/A
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot – 1 into 3 industrial lots.  The proposal is for a staged subdivision of the site with a building format plan that creates the first stage (industrial units), common property and a balance lot. The second stage subdivides the initial balance lot into industrial units, common property and a balance lot. The third stage subdivides the last balance lot into factory units and common property.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Staging Plans

site details
Background
132007.738 - On July 2008 Council approved a Development Permit for Material Change of Use for Industrial Business Type 1 – Warehouse and Industrial Business Type 2.
132007.738.01 – On 9 April 2013 Council approved an extension to relevant period
132007.738.02 – On 14 June 2016 Council approved an extension to relevant period
132007.738.04 - On 24 June 2019, council approved changes to the approval which among many changes permitted the development to be constructed in 3 stages (see figure 3).

Figure 3 – Staging Plan approved as part of the Change approval
MCU19/0081 – On 19 September 2019 Council refused a development application for 16 Ancillary dwelling units
MCU19/0081 – On 16 July 2021 Appeal No. D176 of 2019 the Court approved the application subject to conditions
The approved Master Plan layout of the development site is provided in Figure 4 below.

Figure 4 – Approved layout Master Plan.

Site Description
The subject site has an area of 12350m² and has a frontage of 80m to the Gateway Drive cul-de-sac head.  The site is largely cleared of vegetation with the exception of vegetation secured in a vegetation covenant in the north-eastern section of the site.
Surrounding Land Uses
The site adjoins Multiple dwellings to the west and dwelling houses to the south west. To the north and the east is Lake Doonella Park and to the south, industry uses.
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;
Reconfiguring a Lot Code.
The subject site is located in Noosaville and is zoned Low Impact Industry.  The proposal is code assessable and is 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
Site Area	Minimum 1000m2	Proposed Lot 1 Stage 1 – 5209m2 Lot 2 Stage 2 - 4571m2 Lot 3 Stage 3 – 2572m2	Yes
Width	Minimum 20m	Proposed Lot 1 Stage 1 – 27m Lot 2 Stage 2 – 35m Lot 3 Stage 3 – 42m	Yes

The proposal complies with the requirements of the Reconfiguring a Lot code. The proposal results in lots that are of a size and dimension that is appropriate for their intended use and is responsive to the higher order approval and site constraints (ie vegetation covenant).  The staging reflects the staging of the associated higher order approval and creates a layered scheme where each lot forms part of the original scheme.
cONSULTATION
Referral Agencies
Internal Council Referrals
The application was forwarded to the Engineering Coordinator, Development Assessment for review who confirmed the proposal reflected the relevant approvals and recommended inclusion of a number of conditions.

conclusion & reasons for decision
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 application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.

RECOMMENDATION
With regard to Application No RAL21/0030 for a Reconfiguring a Lot - Industrial situated at 64 Gateway Dr Noosaville and described as Lot 13 SP 170295, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL21/0030
Street address:	64 Gateway Dr Noosaville Qld 4566
Real property description:	Lot 13 SP 170295
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot - Industrial
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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
SP316631	-	Plan of Lots 24-42,900 & Common Property (Stage 1 Plan)	17.12.21
Proposed SP331064	-	Plan of Lots 10 -23 & Common Property (Stage 2 Plan)	17.12.21
Proposed SP331066	-	Plan of Lots 1-9 & Common Property (Stage 3 Plan)	17.12.21
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
Currency Period
This development approval lapses if the use has not happened by 10 February 2026, unless an application to extend the currency period is approved by Council.
Prior to sealing for each stage all conditions of this Development Approval, and Development Approvals 132007.738 and OPW19/0203 and any subsequent approved changes, and any associated operational works approvals, as relevant to each particular stage must be completed and accepted by Council. For completeness this includes at a minimum completing the following works to the reasonable satisfaction of Council prior to sealing of the plan of survey for each stage:
Any road access and infrastructure services required to service the particular stage are constructed with that stage;
All landscaping works required for the particular stage are completed;
All car parking required for the particular stage are complete;
Final building certification is provided for each building for the particular stage;
Payment of Infrastructure Contributions and Charges for the particular stage
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
An underground connection to reticulated water and sewerage must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor– Retailer Authority (Unitywater).
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction for the relevant stage.
Bio Retention Basins
Prior to the sealing of the plan of survey for the first stage a Schedule of Maintenance Costs for all activities undertaken to maintain the bio retention basins in accordance with the most current version of Healthy Waterways Bio Retention Basin Maintaining Vegetated Stormwater Assets Guidelines must be provided to Council. The schedule shall include records of actual costs of maintenance work undertaken.
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.
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:
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
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
Not applicable.
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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