Delegated Report - Code - Planning MCU21 0044

Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0044
Applicant	Charles Miller P/L TTE
Proposal	Material Change of Use for a Warehouse
Properly Made Date	16 March 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	24 May 2021
Report Completed Date	21 May 2021
Report Reviewed By	Patrick Murphy -  21 May 2021

PROPERTY DETAILS
Property Address	8/11 Bartlett Rd Noosaville Qld 4566
RP Description	Lot 13 on SP290687
Land Area	194m²
Existing Use of Land	Mixed industrial uses

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Impact Industry
Precinct	Not Applicable
Local Plan Area	Noosaville
Overlays	Acid Sulfate Soils (Above 5m AHD to 20m AHD)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use for a Warehouse. The proposal is over 8/11 Bartlett Street (Lot 13 on SP290687), located within the western portion of the southern building at 11 Bartlett Street (refer to Figure 2). The proposal is to construct a 100.10m2 gross floor area (GFA) mezzanine floor within an existing 193m2 Warehouse. The application does not propose any external changes to the tenancies in terms of built form and will result in a total GFA of 293.10m2. The proposed mezzanine will include an office, office store, kitchenette and mezzanine warehouse space (refer to Figure 4).
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Subject Site

Figure 3 – Proposed Ground Floor Plan

Figure 4 – Proposed First Floor Plan

Figure 5 – Section Elevation
site details
Background
A development approval for indoor entertainment (bowling centre) was issued by order of the court on 26 February 2001 (131999.983083).
A development approval for a Material Change of Use (Entertainment & Dining Business Type 2 - Gymnasium) (MCU10/2035) for 2/11 Bartlett Street (Lot 2 on SP105411) was approved by Council on 26 October 2020.
A development approval for a Material Change of Use for an Ancillary Dwelling Unit (MCU20/0067) for 6/11 Bartlett Street (Lot 6 on SP290685) was approved by Council on 26 October 2020.
A Generally in Accordance (131999.983083.2) was issued by Council on 14 November 2020 for changes to the order of the court approval for the Bowling Centre, decreasing the floor area of the bowling centre in order to establish 4 x new industrial tenancies over Lots 12 to 15, which included Lot 13, the subject lot to this application.

Figure 6: Tenancies subject to GIA (131999.983083.2)
A development approval for a Material Change of Use for a Warehouse (MCU20/130) for 11/11 Bartlett Street (Lot 16 on SP290685) was issued by Council on 28 January 2021. The Warehouse is within the former bowling alley and laser tag building, and included two Warehouse tenancies (Lot 16 and 17). The MCU did not alter the exterior of the building, however the Warehouse contains a new mezzanine level in each of the tenancies, and therefore increased the GFA on the site by 147.95m2.
Following a site inspection by Council’s Building Compliance Officer, an Infringement Notice was issued to the property owner of the subject site on 4 March 2021 for ‘carrying out assessable development without permit namely, the construction of a mezzanine floor within the property’. The mezzanine construction had not been completed at the time of the inspection, and the builders ceased works on the site immediately. This Material Change of Use for a Warehouse (MCU21/0044) application was lodged on 16 March 2021 seeking retrospective approval for the mezzanine construction.
Site Description
The subject site (Lot 13) is located on a 7735m2 site which contains two large industrial buildings with a central carpark.  The northern building comprises industrial sheds and a dance studio, whilst the southern building includes a mix of industrial tenancies.
The existing buildings on site are of masonry construction with roller door access and a central carparking area.

Figure 7: Existing building and subject Lot
Surrounding Land Uses
The subject site is located within an industrial estate, and is surrounded by industrial lots to the north, east and south east. The lots along Bartlett Road and the western side of Rene Street are within the Low Impact Industry zone, whilst the lots to the west of Rene Street are within the Medium Impact Industry zone.
The subject site adjoins residential properties to the west and south. These residential lots include a 20m ‘environmental’ easement conditioned to ensure adequate screening vegetation was located between the residential and industrial 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;
Industry Activities Code; and
Works Codes.
The subject site is located in Noosaville and is zoned Low Impact Industry. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to comply with all applicable statutory instruments. The proposal is within an existing industrial building and is not proposing any changes to the external built form. The pertinent issues arising out of the assessment are discussed below.
Use
The application is for a Warehouse and includes a proposed 100m2 mezzanine level. The proposal plan for the mezzanine level includes a bathroom, kitchen and two rooms, potentially making the mezzanine capable of being utilised as a self-contained residence. A condition will be included on the approval ensuring the mezzanine is not utilised as a dwelling.

Figure 8: Mezzanine Floor Plan
Carparking
Performance Outcome PO6 of the Driveways and Parking Code requires the following parking to be provided for a Warehouse:
Carparking
one space per 50m² up to 500m²; and
one space per 100m² in excess of 500m².
Motor cycle spaces
one space per 100m² or part thereof of use area; and
for Industry activities a maximum eight spaces provided.
Bicycle spaces
one space per 100m² up to 500m²; and
one space per 500m² in excess of 500m².
The subject site (Lot 13) has a total GFA of 293m2 is therefore is  required to provide 5.86 carparks, 3 motor cycle spaces and 3 bicycle spaces on site. Under Noosa Plan 2020 however, the site as a whole (including the additional 100m2 GFA for the mezzanine level proposed under this application) would require 59.1 carparking spaces, 12 motorbike spaces and 19 bicycle spaces to be provided on site, based on the following uses and requirements under the Driveways and Parking Code:
3462m2 industrial premises = 39.6 car spaces, 8 motor cycle spaces and 11 bicycle spaces; and
370m2 indoor sport and recreation (dance school) = 18.5 car spaces required, 4 motor cycle spaces and 7.4 bicycle spaces; and
50m2 Ancillary dwelling = 1 car space required.
The site currently contains 78 carparks on site for the entire development and as such, the development is considered to comply with Performance Outcome PO6 of the Driveways and Parking Code, as there is sufficient space on site for car, motorbike and bicycle parking.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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 MCU21/0044 for a Material Change of Use for a Warehouse situated at 8/11 Bartlett Rd Noosaville Qld 4566 and described as Lot 13 on SP 290687, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0044
Street address:	8/11 Bartlett Road, Noosaville Qld 4566
Real property description:	Lot 13 on SP290687
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit a Material Change of Use - Warehouse
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 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
0.02	NA	Ground Floor Plan, prepared by Brad Miller	15.03.2021
0.01	NA	First Floor Plan, prepared by Brad Miller	15.03.201
0.03	NA	Southern Elevation, prepared by Brad Miller	15.03.2021
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 24 May 2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
Any retail sale of goods and/or administration uses must remain an ancillary component to the approved Warehouse use.
The combined gross floor area (GFA) of any retail and administration components must not exceed 40% of the total GFA of the tenancy, with either individual component not exceeding 30% of the GFA of the tenancy.
The approved use must not operate outside the hours of 7:00am to 6:00pm Mondays to Saturdays.
The approved Warehouse tenancies must not be used as a self-storage facility.
The approved mezzanine level is to be utilised as a Warehouse only (which may include administration uses), and must not be used as a self-contained residence.  The mezzanine level must not contain all the elements that allows a dwelling, to be capable of being a self-contained residence, and therefore must not include one of the following:
food preparation facilities; or
a bath or shower; or
a toilet; or
a wash basin; or
facilities for washing clothes.
Emissions
The development must contain any odour and/or dust air pollutants within the boundaries of the site.
Amenity
Waste storage areas are to be visually screened by landscaping or fencing.
No materials are to be stored outside of the building.
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:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
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
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
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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