MCU15/0119 - Delegated Report

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU15/0119
	
Author:	Wilhelm Koschade
	
Project Director:	Wilhelm Koschade
	

SUMMARY:

APPLICATION DETAILS
Applicant:	Palm Lake Works
Proposal:	Development Permit for Material Change of Use of Premises - Commercial Business Type 1 - Office (Estate sales office)
Properly Made Date:	17/12/2015
Information Request Date:	NA
Info Response Received Date:	NA
Date of Site Visit:	07/01/2016
Decision Due Date:	04/04/2016
Number of Submissions:	1

PROPERTY DETAILS
Property Address:	19 Trading Post Rd COOROY  QLD  4563
RP Description:	Lot 1 RP 215922
Land Area:	95080 Square Metres
Existing Use of Land:	Vacant

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Area / Locality:	Cooroy and Lake Macdonald Locality
Planning Precinct / Zone:	Community Services Zone
Assessment Type:	Impact

PROPOSAL:

The application seeks approval for an estate sales office to house staff and assist in the sale of dwellings associated with the underlying development approval related to the site. The Gross Floor Area (GFA) of the proposed office is 107m2 and will consist of two office spaces, main office (sales and promotional material), staff facilities and 8 carparks accessed via Pearsons Road. The sales office will cease operations within 4 years of commencement. The office is proposed at a 10m setback from Pearsons Road. Figure 1 depicts the proposed floor plan of the office and Figure 2 and 3 illustrate the siting position of the office and site locality.

Figure 1 – Site Office Floor Plan

Figure 2 – Proposed Location of Office

Figure 3 – Locality Plan

SITE DETAILS:
Background / Site History
Application No.	Decision and Date
NA	Negotiated Decision Notice – Material Change of Use (Multiple Housing Type 3 – Retirement and Special Needs) issued 8 February 2010.
132007.2398.02	Request to Change – Approved (Alterations to Plan of Development) issued 3 March 2015
MCU15/0111	Material Change of Use (56 Additional Independent Dwelling Units) – Current.
Site Description
Site & Locality Description
Road Frontage	The subject site has three road frontage as described below: -665m frontage to Elm Street; -255m frontage to Pearsons Road; and -191m to Trading Post Road (Primary Access).
Existing Significant Vegetation	Nil – The site is not subject to any environmental protection overlay.
Topography:	The site has a minor fall from the eastern boundary along Trading Post Road to the western boundary adjoining Elm Street.
Surrounding Land Uses:	The subject site is bound by various land uses including: -Existing railway corridor to the west adjacent Elm Street; -Rural uses to the north and north-east consist of predominately small scale hobby farming; and -Residential uses to the south and south-east namely consisting of detached dwellings.

The following planning scheme overlays are applicable to this application.

Natural Hazards Overlay – Gas Pipeline Buffer

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

The South East Queensland Regional Plan;
Any applicable state planning policies;
The state planning regulatory provisions; and
Any applicable temporary local planning instrument.

The application has also been assessed against the planning scheme, including the following applicable codes:

Cooroy and Lake Macdonald Locality Code;
Business Uses Code;
Landscaping Code;
Engineering Works Code; and
Natural Hazards Overlay Code.

The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.

Roof Form
Probable Solution 16.1 of The Noosa Plan requires a roof pitch of no less than 12 degrees and eaves a minimum of 600mm to 75% of the building. The corresponding Specific Outcome 16 seeks roof forms to positively contribute to the skyline by using simple, traditional designs while complimenting the low rise character of the Cooroy and Lake Macdonald locality. The proposed estate sales office includes a traditional skillion roof with a 5 degree pitch and 450mm eaves.

The proposal does not comply with the roof form requirements of the applicable code, however the impacts of the inconsistency are negligible and considered acceptable. The proposed office is to be permanently removed following its function through the sales of independent dwellings relating to the underlying approval of the subject site and is to be setback 10m from Pearsons Road. The proposed office is to have a GFA of 107m2 only, making it relatively small in scale.

Estate Sales Office Use Duration
Probable Solution 17.4 of the Business Uses Code requires estate sales office uses to cease within 2 years following the commencement of the use and to be removed within 30 business days of the cessation of operations. It is proposed that the estate sales office will operate a maximum of 4 years following the commencement of the use and to be removed within 30 days following cessation of operations.

While the use is proposed to operate twice the suggested timeframe preferred by the Business Uses Code, various factors relating to the approval process and scale of the underlying use provides reasonable grounds to support the timeframe as summarised below:
A Material Change of Use application for an additional 56 dwelling units has recently been lodged with Noosa Shire Council and deemed properly made on the 2nd December 2015. The Material Change of Use application is impact assessable development with referable concurrence agencies;
Further development approvals are required for the development to progress (Development Permit for Operational Works);

The underlying proposed use seeks a development approval for a total of 220 dwelling units, 120 bed aged care facility and ancillary facilities. This proposal is significant in scale and the applicant considers an 2 year use duration for the proposed estate sales office is insufficient to ‘sell-out’ the development; and

The estate sales office is unlikely to adversely impact the adjoining property owners and the locality. The use is proposed to be setback 16m from Pearsons Road and the scale of operations is minor. Conditions of approval are recommended to limit the operating hours of the use, allowable advertising devices and the maximum employees onsite at any one time.

The proposal raises no concern and with acceptable impacts where there is no compliance with the applicable development codes. The proposal is recommended to be supported with reasonable and relevant conditions.

CONSULTATION:

IDAS Referral Agencies

The application was referred to the following IDAS referral agencies:

Concurrence

Department of Infrastructure, Local Government and Planning

The department is a concurrence agency because the subject site is located within 25m of Elm Street which is a State Controlled Road.  The department responded by letter dated 25/02/2016, stating that there are no major concerns with the development and decided to include two standard conditions.

Other Referrals
The application was forwarded to the following internal council specialists:

Development Engineer, Engineering and Environment Assessment Branch

Their assessment forms part of this report.

Public Notification

The application was publicly notified for 15 business days in accordance with the requirements of the Sustainable Planning Act 2009.  One (1) properly made submissions and nil (0)  not properly made submissions were received.

The following table provides a summary and assessment of the issues raised by submitters.

Issues	Comments
Traffic impacts of higher order approval (retirement village) on Prospect Place.	A properly made submission commented on the traffic implications and noise issue on Prospect Place regarding the approval for the retirement village. The submission did no question the proposed real estate sales office.

CONCLUSION:

The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that can not be addressed by reasonable and relevant conditions.  The application is therefore recommended for approval.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU15/0119 for a Commercial Business Type 1 – Office, situated at 19 Trading Post Rd COOROY QLD 4563 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU15/0119

1.	APPLICATION DETAILS

Application No:	MCU15/0119
Street Address:	19 Trading Post Rd COOROY  QLD  4563
Real Property Description:	Lot 1 RP 215922
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises - Commercial Business Type 1 - Office (Estate sales office)

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

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 in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
CO-SO-001	A	Site Plan, drawn by Palm Lake Works	21/10/2015
CO-SO-001	A	Floor Plan/Elevations, drawn by Palm Lake Works	21/10/2015
Nature and Extent of Approved Use
The approved use must not operate outside the hours of 8am to 6pm Monday to Sunday.
The total number of advertising signs provided on the site and associated with the estate sales office must not exceed one, having a maximum display area of 3m2 and not involving bunting, illumination or motion.  Any advertising sign must be contained entirely within the boundaries of the subject site.
The total number of employees present on the site at any one time must not exceed four.
The approved use must cease operating four years from the date of this approval and the building must be removed within 30 days. The site is to be rehabilitated by turfing and landscaping as necessary.
Landscaping
Screening vegetation must be planted along the proposed estate sales office frontage to Pearsons Road in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. The landscaping shall include a minimum of 8 small shrubs.
Setbacks
The estate sales office must have a minimum setback of 10m from Pearsons Road (road reserve).

Engineering
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Driveways, Carparking and Pavement Design
Driveway crossover (extending from the road formation to the property boundary) must be constructed:
With a sealed or bonded surface such that loose surface material is not transported on to Pearsons Road
To not affect the drainage patterns or cause additional ponding of surface water in the Pearsons Road road reserve
Pavement for the parking area must be constructed with an all-weather surface that is suitable and stable for the expected length of use.  The design for privately owned works must be undertaken in accordance with the relevant standards, the structural integrity of the driveway and car parking area will remain the responsibility of the property owner/developer.
Works within Road Reserve and Reinstatement Works
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
Earthworks
All earthworks must be undertaken in accordance with the relevant provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development.
All Earthworks and construction works must be carried out taking into consideration the protection of any existing above and below surface services.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property
Environment – Erosion & Sediment Control
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards.
Damage to Services and Assets
Any damage caused to existing services, streetscape 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.
FOLLOWING CONSTRUCTION
Final Inspection
A final inspection by Council’s Inspector is also required.  Please contact Council’s Planning Assessment Section (Development Audit & Response Officer 0428738563) to arrange the inspection.

5.	REFERRAL AGENCIES

The referral agencies applicable to this application are:

Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue MAROOCHYDORE  QLD  4558 Online: Mydas (at www.dsdip.qld.gov.au) Email:[email protected]	Subject site located within 25m of State Controlled Road	The agency provided its response on 25/02/2016 (Reference No. SDA-0116-027230).  A copy of the response is attached.

A copy of any referral agency conditions is attached.

6.	REFERENCED DOCUMENTS

Not Applicable.

7.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
In order to mitigate the potential of public liabilities due to trip and similar hazards, Council does not permit any unapproved or unauthorized works within the road reserve such as signs, steps, sleeper steppers, hazardous landscaping and the like.
Inspection Request
If Council officers are required to undertake additional inspections of the same works, a re-inspection fee may apply in accordance with Council’s Fees and Charges register applicable at the time.
Environmental Advisory notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
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 Unit on 07 3247 6212 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.

8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work

11.	SELF ASSESSABLE CODES

Not Applicable.

12.	SUBMISSIONS

There were 1 properly made submissions about the application.  In accordance with Sustainable Planning Act 2009, the name and address of the principal submitter for each properly made submission is provided and attached.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

14.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

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