Proposal Report · MCU17/0020

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1       Details
Basic information relating to this development application includes:


        Applicant:               Noosa EcoMarine
                                 C/- Martoo Consulting
                                 PO Box 1684, Noosa Heads Qld 4567


        Address of Site:         3 Sanders Street, Noosaville


        RPD of Site:             Lot 250 on CP839190


        Owners:                  Raffaele Amitrano


        Area of Site:            1,855m2


        Current Use of Site:     Two existing industrial buildings


        Zoning:                  Industry Zone


        Proposal:                Aquaculture (Animal Husbandry – Type 2 – Intensive) combined surface
                                 area of all ponds or tanks exceeds 200m2


        Approvals Sought:        Development Permit for Material Change of Use


        Administering
        Authority:               Noosa Council


        Referral Agencies:       Department of Infrastructure, Local Government and Planning
                                 (SPARegs2009 - Schedule 7, Table 2, Item 28 – Certain Aquaculture)
                                 Assessable Aquaculture involving indigenous marine fish for human
                                 consumption (see part 2 of the Regs).

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2       Proposal
This application seeks a development permit for a Material Change of Use for Aquaculture (Animal
Husbandry Type 2 – Intensive Aquaculture) at 3 Sanders Street, Noosaville (Lot 250 on CP839190).

The proposal involves using the existing shed to grow native saltwater fish for live trade within a series of
above ground tanks, which will have a combined pond area of 243m2 within and around the existing sheds.
The locality and proposed site plans are included below as well as Attachment 1..




Figure.1 - Locality Plan                                   Figure.2 – Site Plan

Need to Expand

This proposal builds upon the success of the existing aquaculture facility at units 3 & 4 Production Street,
Noosaville (MCU14/0096), which the company is going to continue to operate in addition to the proposed site.

The local business takes advantage of the growing market in aquaculture particularly in the premium product
of farmed table fish such as giant grouper and gold spot cod delivered live to market, which command a
significant price premium. The local business has developed their experience and skills over a period of 20
years and has now piloted the reliable production of healthy saleable live fish via its unique small R.A.S.
(Recirculated Aquaculture System).

Nature and Scale of Operation

Saltwater is delivered to the site via a water tanker from the private Mill Street ‘marine facility’ at Noosaville.
The saltwater is then filtered through the various aquaculture tanks. The species of fish to be grown at the site
are:
         Giant Grouper (Epinephelus lanceolatus)
         Barramundi (Lates calcarifer)
         Flowery Cod (Epinephelus fuscoguttatus)
         Cobia (Rachycentron canadum)
         Baramundi Cod (Cromileptes altivelis)
         Maori Wrass (Cheilinus undulates)
         Mud crab (Scylla serrata)

Not all of the species listed will be cultured at once, with the Giant Grouper being the preferred species. After
being use for the fish, the effluent water is deposited into Unitywater’s sewer network (See Attachment 2 -
Trade Waste Permit & Attachment 3 - Operational and Site Management Plans).

The business currently employs 4 staff (including the owner), and live fish deliveries occurs approximately
twice a week at the Production Street site. The expanded site is likely to require a maximum of 5 staff onsite
at any one time, with daily deliveries to the other factory and to fish markets for live trade. Because the site is
not open for public sales, there will be limited clients visiting the site.

The hours of operation proposed are 24 hours per day 7 days a week, with staff on site commonly between
7am-7pm daily, however, there may be a need to for staff to be working outside of these hours in case of
emergencies. Any fish mortalities will be recorded and stored in the onsite freezer until the council rubbish
day when they will be removed from the freezer and placed in the council bins to be disposed of
appropriately. In the event of a large mortality event the dead fish will be loaded into a truck lined with plastic
and taken to the Local Noosa landfill site.

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3       The Site
The subject site comprises a rectangular lot with 36 metres of frontage to Sanders Street. Sanders Street is a
minor stub road accessible from Leo Alley Drive, with the subject site at the end of this road. The site sits
above the road level and is relatively flat. The site includes two existing access driveways to Sanders Street,
with the main driveway along the southern boundary currently being re-laid in accordance with OPW16/0344.

Two existing buildings are located on the level site with a loading, truck turning and carparking area able to
accommodate up to 16 cars adjacent to the buildings. The rear building has a gross floor area of 350m2, and
the front building is 390m2 (including a 25m 2 mezzanine). The building has been previously used for a number
of industrial and manufacturing businesses, with the most recent being a custom kitchen and cabinetmaker.
Surrounding the site are similar sized industrial sheds.

The first shed at the rear of the site was approved in 1998, subject to a Building Approval and Development
Approval for landscaping/parking and access (15825DA). The second shed at the front of the site was
approved in 2004, subject to a Building Approval and Operational Works for landscaping, access and parking
(04/4248). No planning approval was required under the Superseded Scheme for compliant industrial
buildings.

4       State Agency Referral
Schedule 3, Part 2, Table 2, 1(c) of the Sustainable Planning Regulation 2009 describes that any aquaculture
development involving indigenous marine fish for human consumption is assessable development.

Any Material Change of Use application requires the following State Agency referrals:

       Schedule 7, Table2, Item 28 - Concurrence – Department of Infrastructure, Local Government &
        Planning (SARA)

The prescribed fee for the referral under Schedule 7A, 32(a) of the Sustainable Planning Regulations is
$3,024. The relevant SDAP codes for assessment are included as Attachment 5.

5       Assessment
The proposal requires a development application for Material Change of Use to Noosa Council as the
assessment manager under the Sustainable Planning Act 2009. The application must be assessed against
each of the following statutory planning instruments to the extent they are relevant to the development:

            The South East Queensland Regional Plan;
            State Planning Regulatory Provisions;
            State Planning Policies; and
            The Noosa Plan.

The statutory planning instruments relevant to this application are discussed below.

South East Queensland Regional Plan 2009-2031

The South East Queensland Regional Plan includes the site in the Urban Footprint.

South East Queensland Regional Plan 2009-2031 – State Regulatory Provisions

Aquaculture is defined as a Primary Industry which is not considered an Urban Activity by the Regulatory
Provisions. There are no requirements for the Primary Industry development to be referred to the State and is
considered consistent with the provisions.

State Planning Policy

The Interim Development Assessment requirements under Part E of the State Planning Policy apply for the
assessment of development applications by a local government until a planning scheme that appropriately
integrates the state interests in the SPP.

The proposed aquaculture use is defined as agriculture in the State Planning Policy. The proposed change of
use within an existing industrial building and meets all the self-assessable requirements under Part E –
Interim Development Assessment Requirements.

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The Noosa Plan

Inconsistent Use

The Noosa Plan (2006) includes the site in the Noosaville locality, within the Industry zone. The proposed
aquaculture use includes tanks and ponds with a combined are >200m2 and is defined as Animal Husbandry
Type 2 – Intensive. All Agricultural Uses are inconsistent within the Industry Zone.

An inconsistent use means the use is strongly inappropriate in the relevant zones because it is incompatible
with other uses generally expected in that zone. In accordance with S.326 of the Sustainable Planning Act
2009 there needs to be sufficient grounds to justify an inconsistent use, despite the conflict with the planning
scheme.

Overall Outcomes

The Overall Outcomes of The Noosa Plan outlines the planning scheme objectives for the particular locality
and land use categories. The relevant Overall Outcomes for the Noosaville Locality, Business Uses Code and
Agricultural uses code seek the following:

11.7.2 – Noosaville Locality
    a) New uses and works are located, designed and managed to —
        i) be compatible with other uses and works;
        ii) maintain the safety of people and works;
        iii) avoid significant adverse impacts on the amenity enjoyed by users of other premises or
             surrounding area, including acoustic and visual qualities; and
        iv) avoid significant adverse effects on the natural environment, including native habitat removal,
             fragmentation and attrition;

    b) For the Industry Zone—land in this zone—
       i) consists of the Noosaville Industrial Estate, being Noosa’s principal industrial centre;
       ii) is protected for industrial functions including Industrial business Type 2 to the exclusion of
            incompatible uses including Residential Uses, Community Uses, Commercial business and most
            sport and recreation uses and Retail business uses;
       iii) has high accessibility to arterial roads and the Bruce Highway;
       iv) does not accommodate uses that would harm the environment through excessive noise, odour,
            dust, or other waste;
       v) is developed in a fashion that does not detract from the character of its locality or impact on the
            major road network;
       vi) provides important industries and service-related businesses to the whole of Noosa, but
            particularly the coastal area and the north-east area of the former Maroochy Shire; and
       vii) provides for a high level of runoff water quality to Eenie Creek and Lake Doonella;

14.11.2 – Business Uses Code
    g) Business development recognises and protects Noosa’s natural resources and environmental values
        and seeks to provide sustainable economic and employment growth across a range of industry
        sectors;

14.11.2 – Agricultural Uses Code
    g) Business development recognises and protects Noosa’s natural resources and environmental values
        and seeks to provide sustainable economic and employment growth across a range of industry
        sectors;

Larger scale aquaculture is only identified as being a consistent use within the Rural zones of the Noosa
Shire, where it is intended to grow fish in large ponds and dams. The proposed Aquaculture use does not rely
on large scale dams and ponds, rather the use requires large industrial sheds to house tanks and control the
environmental conditions for their growth.

The pumps and filters will be located within the sheds and will not have any adverse acoustic impacts on the
amenity of the industrial area. In addition, all effluent water is to be diverted into the unitywater sewerage
network. Appropriate trade waste certificates have been obtained with Unitywater, which ensures a high level
of water quality to Eenie Creek and Lake Doonella.

The business is compatible with the surrounding land use and will not have any reverse amenity impacts.
Furthermore, the location of such a business is located in an area well serviced by road, electricity, water and
sewerage, while also being far enough away from incompatible residential uses.

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The proposal provides for the expansion of an innovative local agribusiness with a high value-add trade
component and is consistent with the relevant Overall Outcomes of The Noosa Plan.

Development Codes

The proposed development is impact assessable and requires assessment against all development codes of
The Noosa Plan. The relevant codes for assessment of the aquaculture use are outlined below:

            Noosaville Locality Code;
            Agricultural Use Code;
            Business Uses Code; and
            Engineering Works Codes.

The key technical assessment against the relevant codes is provided as Attachment 4 and demonstrates the
compliance with the relevant development codes applicable to the change of use. The main issue requiring
further discussion involves the outdoor use areas, which is discussed further below:

Outdoor use areas

The proposal requires 3 x 50,000L tanks to be located within the existing hardstand area between the
buildings. The tanks are located along the northern boundary to take advantage of the gentle gradient of the
site and is able to feed the saltwater to the sheds.

The existing use required 15 carparking spaces to be provided on the site for the 740m 2 of total gross floor
area used for industrial purposes. The site is currently able to accommodate 16 car parking spaces and a
truck turn around area.

The Noosa Plan does not specify a rate for carparking demand associated with an Aquaculture use. Rather,
the Business Uses and Agricultural Uses Codes seeks sufficient carparking is available to accommodate the
number and type of vehicles likely to be generated by the uses on the site. The business proposes to employ
a maximum of 5 staff, and the occasional driver will frequent the site for deliveries. The existing 16 spaces on
the site is sufficient to accommodate the number and type of vehicles likely to be generated by the uses on
the site consistent with the Specific Outcomes of the codes.


7       Conclusion
This application seeks a Development Permit Material Change of Use for Aquaculture (Animal Husbandry
Type 2 – Intensive) at 3 Sanders St, Noosaville which is an inconsistent and impact assessable development
under The Noosa Plan. This report includes a number of grounds supporting the proposed development,
despite the inconsistency including (but not limited to) the following:
            The proposed aquaculture use will be undertaken within an existing building and no external
             alterations are proposed to the existing building to accommodate the development;
            Given the proposed operation and site based management, the proposed use will not impact on
             the existing amenity and there will be no reverse amenity issues;
            The liquid waste will discharge into Unitywater’s sewer network, thereby maintaining the high
             level of runoff water quality.
            The proposed use is similar in scale and intensity to a self-assessable industrial development
             within the Industry zone. The aquaculture use avoid significant adverse impacts on the amenity
             enjoyed by users of other premises and is compatible with surrounding industrial uses.
            The proposal provides for the expansion of an innovative local business with a high value-add
             trade component and is consistent with the Overall Outcomes of The Noosa Plan.

The Assessment Manager’s favourable consideration of the above development application is therefore
recommended.

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ATTACHMENT 1 – PROPOSAL PLAN


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ATTACHMENT 1 —- PROPOSAL PLAN

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ATTACHMENT 2 - TRADE WASTE PERMIT


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ATTACHMENT 2 - TRADE WASTE PERMIT

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ATTACHMENT 3 - OPERATIONAL AND SITE MANAGEMENT PLANS


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ATTACHMENT 3 - OPERATIONAL AND SITE MANAGEMENT PLANS

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ATTACHMENT 4 – DEVELOPMENT CODES ASSESSMENT


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ATTACHMENT 4 —- DEVELOPMENT CODES ASSESSMENT

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ATTACHMENT 5 – SDAP ASSESSMENT


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ATTACHMENT 5 — SDAP ASSESSMENT