2021-06-08 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         8 JUNE 2021


6.    Each ancillary dwelling unit must not exceed a gross floor area of 65m2.
7.    All ancillary dwelling unit windows must be double glazed.
8.    Partition walls for each ancillary dwelling unit must be increased from 150mm to 180mm in
      width. All partition walls must comply with AS/NZS 1664.1 SUPP 1:1997 together with AS/NZS
      1664.1:1997 AMDT 1.
      Currency Period
9.    The development approval lapses if the works have not been completed and all conditions of
      approval been complied with by 17 June 2027, unless an application to extend the currency
      period is approved by Council.
      Compliance with 132007.738.04
10.   All conditions of development approval 132007.738.04 for a Development Permit for Material
      Change of Use for Industrial Business Type 1 – Warehouse and Industrial Business Type 2 –
      Production, Alteration, Repackaging & Repairing) must be completed.


REPORT
On 19 September 2019, Council at its Ordinary Meeting, resolved to refuse an application for 16
ancillary dwelling units at 64 Gateway Drive, Noosaville for the following reasons:
1.    The proposed development is not for Ancillary dwelling units as defined under section 2.11.5
      of the Planning Scheme because:
      i.    multiple dwelling units are proposed on the premises;
      ii.   the proposed dwelling units are not subordinate to the non-residential use.
2.    The proposed development is for multiple housing which under Table 11.9 of Division 10 of
      the Noosaville Locality Plan is an inconsistent use in the Industry Zone requiring impact
      assessment.
3.    The proposed development is inconsistent with the Noosaville Locality Code in the following
      respects:
      i.    The proposed use will be incompatible with other uses and works on the premises
            contrary 11.7.2(a)(i) of the Overall Outcomes Division 16;
      ii.   The proposed use fails to protect the subject premises for industrial functions to the
            exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall Outcomes Division
            16;
4.    The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the Detached House
      Code as land zoned industrial is not suited for residential use and would be located in the
      vicinity of land uses which would adversely impact the occupation and use of buildings and the
      site by residents and would result in the residential development preventing or inhibiting the
      conduct of existing land uses.
5.    A number of the proposed dwelling units contain upper level storage levels directly accessed
      by internal stairs which would not meet fire separation requirements of the Building Code of
      Australia.
6.    There is no planning need for the proposed development.
7.    The proposed development is inconsistent with the existing development approval in effect for
      the development of the site for industrial uses and represents a piecemeal development.
8.    The proposed development is contrary to PO7 of the Low Impact industry Zone Code of the
      draft New Noosa Plan provisions which reinforce that caretakers uses are to be subordinate
      to the industrial uses on the site and include only one caretaker per site.


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