2022-06-07 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 JUNE 2022


the superseded Noosa Plan and therefore no development permit was required for Scooter Style
Noosa Motorcycles where the use met the requirements of the planning scheme.
Application No MCU19/0080 for a Material Change of Use - Ancillary Dwelling Unit (Caretakers
Accommodation associated with the Scooter Style Motorcycles) consisting of a dwelling unit with
approximately 110.8m2 of upper level internal area, including two bedrooms and approximately
25.8m2 of terrace area enclosed in glazing was received by Council on 19 July 2019.
A site inspection carried out by Council Officers on 20 March 2020, determined that the current
use operating on the site did not meet the definition of an Industrial Business, being:
      Industrial business means the conduct of an industrial business activity, where goods or
      products are produced, manufactured, dismantled, altered, repackaged, repaired or stored
      at a scale of greater than that defined by retail business. The use includes the sale of
      goods, resulting from such operations, provided that sales space does not exceed
      20% of the use area. Any space dedicated for administration or accounting work in
      connection with such operations does not exceed 20% of the use area.
New scooter and motorbike sales are not considered an industrial business and do not form part
of the permitted 20% retail sales area (of the above definition), given that the retail sales area is
for the sale of goods resulting from the industrial use on-site. The scooter/motor bike sales was
considered an unlawful use of the site.
Application No MCU19/0080 for a Material Change of Use - Ancillary Dwelling Unit (Caretakers)
was refused under delegation on 30 April 2020.
With regard to this application, the proposal for Material Change of Use for Motorcycle/Scooter
Sales and Repair and Caretaker’s Accommodation, was debated by Council at the General
Committee on 13 December 2021. The applicant ‘stopped the current period’, which is provided
for under the Planning Act 2016, on 15 December 2021 before the application could be decided at
the Ordinary Meeting on 16 December 2021.
The applicant made a change to this application on 24 May 2022, removing the Caretaker’s
Accommodation use from the application and including this floor area of 65m2 (in a new building)
within the industrial use area.
2.2. Site Description
The subject site is an irregular 1297m2 lot, encumbered by an easement running the full length of
the southern boundary. The site contains an existing approximately 360m2 single storey industrial
building, containing a scooter and motorbike repairs and sales shop. This existing building is partly
constructed within the easement.
The site does not contain any designated / line marked carparks.
2.3. Surrounding Land Uses
The subject site is located within an industrial area and is adjoined by industrial uses to the north
and south. The Council Depot is located on the adjoining lot to the rear, with the south eastern
corner of the depot being heavily vegetated.
3.    ASSESSMENT
3.1. 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;
     Noosa Plan 2020.



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