Development Application MCU14/0049 & OPW14/0276 - Material Change Of Use For Industrial Business Type 1 Warehouse (Self Storage Facility) & Operational Works Signage At 64-66 Rene Street, Noosaville

DEVELOPMENT APPLICATION MCU14/0049 & OPW14/0276 - MATERIAL CHANGE OF USE FOR INDUSTRIAL BUSINESS TYPE 1 WAREHOUSE (SELF STORAGE FACILITY) & OPERATIONAL WORKS SIGNAGE AT 64-66 RENE STREET, NOOSAVILLE
Document information

Author	Senior Development Planner, Denis Wallace
Planning & Infrastructure Department

Index	ECM/Application/MCU14/0049 & OPW14/0276

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	Sharpe Enterprises Pty Ltd Tte C/- Martoo Consulting Pty Ltd
Proposal	Material Change of Use of Premises - Industrial Business Type 1 – Warehouse (Self Storage) Operational Works - Signage
Properly Made Date	30 June 2014 Application changed on 3 September 2014
Information Request Date	16 September 2014
Information Response Date	13 October 2014
Decision Due Date	11 November 2014 (1st Decision Period)
PROPERTY DETAILS
Property Address	64-66 Rene Street, Noosaville
RP Description	Lot 280 SP 104321
Land Area	4,050m2
Existing Use of Land	Timber Yard / Vacant
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Medium Bushfire Hazard Area Low Potential Acid Sulphate Soils Area
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Senior Development Planner to the Planning & Organisation Committee Meeting dated 11 November 2014 regarding Application No. MCU14/0049 & OPW14/0276 for a Development Permit for a Material Change of Use for an Industrial Business – Type 1 Warehouse (Self Storage Facility) and Operational Works (Signage) situated at 64-66 Rene Street, Noosaville and approve the application in accordance with the following conditions:
MCU14/0049
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed below and are as amended by the conditions herein.
Plan No.	Rev.	Plan/Document Name	Date
OGSS-001-01	G	Site Plan Stage 2	18/9/14
OGSS-001-02	G	Stage 2 Basement Floor Plan	18/9/14
OGSS-001-03	G	Stage 3 Ground Floor Plan	18/9/14
OGSS-001-04	G	Stage 3 Level 1 Floor Plan	18/9/14
OGSS-001-05	G	Stage 3 Level 2 Floor Plan	18/9/14
OGSS-001-06	G	Elevations 1 & 2	18/9/14
OGSS-001-07	G	Elevations 3 & 4	18/9/14
OGSS-001-08	G	Sections A-A & B-B	18/9/14
OGSS-001-09	G	Basement Location Plan	18/9/14
Nature and Extent of Approved Use
No external storage or use areas are approved on the site.
Any display and retail sale of goods must remain an ancillary component to the approved use and must not exceed an area of 100m2.
Building Height
The maximum height of the development must not exceed 10metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and The Noosa Plan’s Planning Scheme Policy 3 Landscaping Plants and Guidelines for that specific area and must include:
The landscaped areas as generally shown on the approved Site Plan, except where amended by conditions contained herein.
Trees planted to achieve tall, dense screening vegetation along the eastern side boundary to assist with screening dust ingress to the site.  Recommended species is Elaeocarpus eumundi or similar.
Trees within the front setback area and along western boundary to soften the visual building bulk.
Retention of the existing street trees.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Staging & Sunset Clause for Completion
The development may be completed in stages, as shown on the approved plans.  Pursuant to s342 of the Sustainable Planning Act 2009, any uncompleted aspects of this development approval lapse if the whole of the approved use has not happened by 20 November 2020.
ENGINEERING
Site Access and Driveways
Concrete driveway and parking areas shall be provided generally in accordance with Drawing Nos: OGSS-001-01, Rev G dated 18/09/2014 and OGSS-001-01, Rev G dated 18/09/2014 – respectively titled: Site Plan Stage 2 and Stage 2 Basement Floor Plan, prepared by Steve McGregor Design Service and as may be amended by the conditions of this permit.  The works must be undertaken in accordance with an engineering design prepared by suitably qualified registered professional engineer and a Development Permit for Operational Works, and shall include in particular:
A driveway crossover/s in accordance with IPWEAQ standard drawing SEQ R- 051 and to grades that prevent vehicles from scraping and/or bottoming.  .
For pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
All parking spaces, driveways and circulation lane in compliance with the relevant sections of the current AS 2890.1 and AS2890.2.
Suitable safety measures, including: traffic directional signage, warning signage and speed limit/s within the site, to improve driver awareness of pedestrians and enhance pedestrian safety.
Provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Frontage Works - Footpath
Frontage works must be provided for the development.  The works must be undertaken in accordance with a Development Permit for Operational Works and must include in particular:
a.	A two (2) metre wide concrete footpath within the road verge for the entire length of the site’s frontage to Rene Street in compliance with IPWEAQ standard drawing SEQ R-065 Concrete Pathway Construction Details. The footpath must match the levels the driveways to the site without step or trip hazard.  Where necessary existing driveway finish level should be adjusted to ensure compliance grades for the footpath and driveway.
b.	Replacement of any street trees affected by the frontage works.
Stormwater Drainage
Prior issue of building works approval for the new building on the eastern portion of the site, an Operational Works approval for treatment of stormwater quality must be obtained. The application for Operational Works Approval for stormwater must provide for treatment of stormwater from the entire site.
The stormwater quality treatment system shall be designed and implemented generally in accordance with “Option 1” presented in the “Site Based Stormwater Management Plan (4298-1.0) for 66 Rene Street” dated 9 October 2014 by STORMwater Pty Ltd.
An ongoing maintenance contract for the stormwater quality treatment devices must be established and provided to Council prior to commencement of use of the new building on the eastern portion of the site.  The maintenance contract schedule must be consistent with the manufacturer’s requirements to achieve an ongoing pollutant reduction efficiency of 80% reduction in Total Suspended solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen in runoff from the site compared to an untreated situation.
All copies of stormwater maintenance documentation must be kept for a period of 5 years and made available to Council officers on request to demonstrate compliance with the conditions of this approval.
Earthworks
Any earthworks required on site shall be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards – Roads, Drainage and Earthworks and must be undertaken in accordance with a Development Permit for Operational Works.
Earthworks carried out on site shall not affect the structural integrity of any of the adjoining properties, existing fences or structures that border the development site.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
UNITYWATER
The following Unitywater conditions are applied in accordance with the South East Queensland (Distribution and Retail) Restructuring Act 2009 and Unitywater’s Interim Connections Policy. The conditions below form part of a water connection aspect which are taken to be a water approval for a staged connection. Any future applications must be made to Unitywater under South East Queensland (Distribution and Retail) Restructuring Act 2009. Unitywater can be contacted as follows:
Phone: 1300 0 Unity (1300 086 489)
Email: [email protected]
Web:  www.unitywater.com
Water & Sewerage
Reticulated water supply and sewerage must be provided to the development.
Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 30 litres per second.
A single Unitywater installed primary water meter must be provided immediately inside the property boundary. Meters must be Unitywater approved, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.
Water meters must be located on alternative boundaries to electrical pillars.
Buildings, basements and other structures must maintain a minimum clearance of 1.5 meters from Unitywater sewer mains, and 1.0 meter from a sewer manhole chamber or sewer inspection opening.
Easements of between 3 and 10 metres must be provided over all Unitywater sewers located within property boundaries in accordance with the SEQ standards. Easements shall be centred over the pipe. Easement terms shall be the most current registered dealing held by the Department of Natural Resources & Mines and shall not be altered or amended.
Storm water retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 meters from Unitywater water supply and sewerage infrastructure.
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature, and suitable approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
OPW14/0276 - SIGNAGE CONDITIONS
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed and are as amended by the conditions herein.
Plan No.	Rev.	Plan/Document Name	Date
OGSS-001-06	G	Elevations 1 & 2	18/9/14
Sign Size & Total Sign Face Area
No sign shall exceed a maximum sign face area of 4m².  In this regard, the “Self Storage” signs, shown as Sign 1 on each building on the approved plan, shall be reduced in size to comply.
The total sign face area for the development shall not exceed 20m2.  Any additional signage to that shown on the approved plan must be removed or separate written approval obtained from Council.
Location
The approved signs must be positioned wholly within the property boundaries of the subject site, and must not be located within or across any easements.
Illumination
Only 1 sign on the site may be illuminated.
Illumination resulting from direct, reflected or other incidental light emanating from a sign must not exceed a luminance of 300 candelas per square metre.
All sign illumination must be switched off between 11:00pm and sunset of the following day.
Advisory Notes
Unitywater
Connection to Unitywater live water mains and the Unitywater live sewer system must be undertaken by Unitywater at the applicant’s cost.

A 150mm diameter water main is located within the road boundary fronting the development site in Rene Street. Construction works, heavy traffic crossing the main, excessive vibration and excavation close to the main may cause damage to the pipe. Extreme care is required when working close to this infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.  You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any obligations under the ACH Act.

Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
The applicant is advised that the development works for this permit may require payment of a compliance bond (to be determined in Operational Works Permit) in accordance with Council’s policies. The payment of the bonds will be required prior the prestart meeting for the Operation Works.
The Building and Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit where one is required for the 'Building and Construction Industry'.  This applies to Building Works, Operational Works and Plumbing and Drainage Works applications, as defined under the Sustainable Planning Act 2009, where the works are $80,000 or more and matching the definition of 'Building and Construction Industry' under the Building and Construction Industry (Portable Long Service Leave) Act 1991. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.  Should you require clarification in regard to the amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855

REPORT
PROPOSAL
The application seeks approval for a Material Change of Use of premises for an Industrial Business – Type 1 Warehouse for a self-storage facility. The site contains an existing industrial shed, which is to be converted to self-storage units over two levels. A further 3 storey building is proposed in two stages over a vacant part of the site. The initial stage of the new building is at ground/basement level, with upper floors proposed as the final stage.

The storage units are a mixture of sizes, ranging in area between 1.6m2 and 30m2 and also ranging in height. Loading docks are provided at the front of each building and vehicle circulation routes are provided through the lowest level. A small on-site management office component is included in the existing building on the site.

Access is proposed via two driveways off Rene Street, with an existing western driveway providing access to the majority of the development via the rear. Six formal parking spaces are proposed at the frontage of the development, with further loading and parking opportunities throughout the development for customers accessing the storage units.

The applicant also seeks approval for signage to the front of the buildings, totalling approximately 24m2, which exceeds the as-of-right provisions of The Noosa Plan.

A copy of the proposal plans is included as Attachment 1. The proposal is before Council because it seeks a relaxation of the maximum building height in storeys.
site details
Background
The site was most recently used as a timber yard and warehouse (Mad About Timber) in accordance with self-assessable use provisions for industrial uses under the superseded planning scheme. Council issued a development permit for Operational Works for external works and landscaping associated with the use in January 2004.

The applicant undertook a fitout of the existing building in late 2013 in the absence of required planning and building permits. The works were completed in early 2014 and Council’s Building Services unit subsequently issued a Show Cause Notice. The applicant has since engaged a building certifier and engineer and made progress in obtaining building and plumbing approvals.
Site Description
The site is 4,050m2 in area and generally rectangular in shape but has an irregular rear boundary. The land slopes moderately down to the rear, with an overall fall of approximately 3 metres. The lot has a 71.6m frontage to Rene Street with one existing access driveway positioned along the eastern boundary.

The site has previously been excavated toward the Rene Street frontage and has been levelled to roughly the natural ground level at the rear. Only a small strip of ground at street level exists within the site along the frontage, which is either retained or battered back to the lower portion of the lot.

An existing 2 storey industrial building sits in the western portion of the site and has a footprint of approximately 1,000m2. Much of the remaining open space to the east of the building is concrete hardstand and there is no significant vegetation present.
Surrounding Land Uses
A mix of industrial uses are adjacent to the site to the north, east and west within the industry zone. Nearby uses include mechanical workshops, manufacturing, service industries, warehouses and some heavy/noxious industries. Smaller format industrial tenancies abut the site directly to the west and an approved concrete batching plant neighbours the site to the east.

A locality map and aerial photograph of the site is shown below.

Figure 1 Locality Map

Figure 2 – Aerial Photograph
assessment
Instruments for Statutory Assessment
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:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policy
The application has been assessed against the provisions of State Planning Policy July 2014 and can be conditioned to comply. In particular, conditions are recommended to ensure water quality outcomes are adequately addressed at operational works approval stage.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan and the proposal is consistent with the regional policies of the SEQ Regional Plan.
Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Industry under The Noosa Plan. The proposed use is identified as consistent use within the zone and is required to follow a code assessable application process.
Locality Provisions
The development is generally consistent with the Noosaville Locality Code’s provisions for development in the industry zone but raises some concerns with potential reverse amenity impacts on the adjoining approved concrete batching plant, discussed further below.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Landscaping Code
Engineering Works Codes
Advertising Devices Code
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Building Height
The proposed new building on the site exceeds the 2 storey maximum building height for the Noosaville Industry zone. The building has a 2 storey presentation to Rene Street but is predominantly 3 storeys when along its other elevations. Approximately the rear 2/3rds of the eastern side elevation is 3 storeys and all of the rear elevation and western (internal) elevation present as 3 storeys. Extracts of the building elevations are shown below.

Front Elevation to Rene Street

Rear Elevation

Western Side Elevation (internal between buildings)

Eastern Side Elevation
The proposed building generally seeks to take advantage of previously excavated site levels and is not considered to be excessively bulky for an industrial building.  The building height in storeys relaxation is supported on the following grounds:
The building presents a 2 storey elevation to the Rene Street frontage
The building’s 3 storey presentations are toward the rear, where there is no significant impact on visual or neighbouring amenity
The building complies with the maximum building height in metres.
It is important to note that, because the building complies with the maximum building height in metres, it could be amended to only 2 storeys but still have same external built form. The proposal is considered consistent with the overall outcomes for the Noosaville Locality Code, which seek low rise development and to avoid significant adverse impacts on visual amenity.
Reverse Amenity Impacts
The neighbouring development to the east is an approved concrete batching plant for which a degree of dust emission can lawfully occur. Council’s Environmental Health officer advises the amount of dust that can be emitted is somewhat subjective but is not substantial. There are planning concerns, however, that the subject development may be impacted by, or object to, cumulative dust emissions over time.
The Locality and Business Uses codes include provisions to ensure that new uses do not negatively impact on the existing conditions enjoyed by nearby uses. The proposal does not include outdoor use/storage areas and a condition is recommended to ensure this does not occur in order to reduce the potential for dust nuisance. The applicant has also submitted a preliminary landscaping plan that includes tall screening trees along the eastern boundary. This vegetation will assist in minimising dust across the site and forms part of the recommended landscaping conditions.
Front Setback
A new 9m wide entrance awning has been constructed over a new loading dock in the existing building, which extends into the front 6m building setback. The awning’s setback to the front boundary is approximately 2.9m at the nearest point. The awning provides a functional part of the development and overall, is not considered an excessive incursion into setback. The relaxation is supported on the proviso that the signage on it is reduced in size, as discussed further below.
Signage
The application seeks total signage of approximately 24m2, which exceeds the as-of-right provisions of The Noosa Plan. The signage consists of building signs to the front elevations and awnings, ranging in size from 1m2 to 6m2. In support of the proposal, the applicant submits:
The Advertising Devices Code indicates the maximum combined sign face area of all signs on the premises is 10m2 and refers to the Sustainable Planning Act definition of premises which includes a building or land. As two buildings are proposed on the site a total area of 20m2 of signage could be provided. Further it is noted that in this instance the site could technically be subdivided into two lots and result in two separate buildings which would permit a total of 20m2.
Given the site has a large frontage (71.6m) with two large separate industrial buildings, a signage provision of up to 20m2 can be supported. However, there are aspects of the proposal that are considered visually obtrusive or excessive and conditions are recommended to address the following:
Reduction in size of the two largest awning signs from 6m2 in area down to 4m2 to be consistent with code provisions.
A limit of 20m2 for all signage on the site, with any other existing signage not included on the plans to either be removed or separate approval required.
Overlay Provisions
The Natural Hazards Overlay Code applies to the application and the development can comply, subject to building works assessment.
cONSULTATION
IDAS Referral Agencies
Not applicable.
Other Referrals
The application was referred to the following internal Council specialists:
Engineering Officer
Environment Officer
Their comments form part of this report.
conclusion
The application raises some planning concerns, which can generally be addressed via appropriate conditions. Conditions are recommended to address reverse amenity concerns, screening vegetation and signage. The primary non-conformance of the application is the proposed new 3 storey building, in excess of the 2 storey limit for the site. A relaxation of the maximum building height in storeys is supported for the following reasons:
The building presents a 2 storey elevation to the site’s Rene Street frontage.
The building’s 3 storey presentations are toward the rear, where there is no significant impact on visual or neighbouring amenity.
The building complies with the maximum building height in metres.
A complying 2 storey building could also take the same external built form to that proposed.
The proposal will not have significant adverse impacts on the visual amenity of the Noosaville industrial estate and the application is recommended for approval, subject to conditions.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order	X	Building & Plumbing Services
	Waste & Environmental Health	X	DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
		X	Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	11 NOVEMBER 2014

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