Delegated Assessment Report MCU17/0078

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU17/0078
	
Author:	Patrick Murphy
	
Project Director:	Patrick Murphy coordinator planning
	

SUMMARY:

APPLICATION DETAILS
Applicant:	DS & AS Developments P/L
Proposal:	Development Permit for Material Change of Use of Premises (Industrial Business Type 2 - Production, alteration, repackaging & repairing (12 units) & 2 x Ancillary Dwelling Units)
Properly Made Date:	30/06/2017
Information Request Date:	24/07/2017
Info Response Received Date:	18/08/2017
Date of Site Visit:	16 August 2017
Decision Due Date:	17 October 2017

PROPERTY DETAILS
Property Address:	20-22 Venture Dr NOOSAVILLE  QLD  4566
RP Description:	Lot 16 SP 297259
Land Area:	3274.18 Square Metres
Existing Use of Land:	Vacant

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (28 October 2016)
Planning Area / Locality:	Noosaville
Planning Precinct / Zone:	Industry
Assessment Type:	Code

PROPOSAL:

The application seeks approval for Industrial Business – Type 2 Production, alteration, repackaging & repairing and Residential Use – Ancillary dwelling unit.

The application proposes twelve industrial units and two caretakers units. The development will be undertaken in two stages. Stage one will comprise of six industrial units, four of which will contain mezzanine floors and one containing an ancillary dwelling unit. Stage two will comprise of six industrial units, five of which containing mezzanine floors and one containing an ancillary dwelling unit. The industrial units range from 96.9m2 to 241.4m2 in floor area. The mezzanines within the industrial units will range from 32.2m2 to 70.2m2 in floor area, one unit is proposed to include 111.1m2 of office/sore room/packaging room and kitchen at the upper level. The two ancillary dwelling units have a floor area of 97.7m2. The proposal includes a total gross floor area of 2151.9m2, 1,608.2m2 for the ground floor of the industrial units, 345.3m2 for mezzanine levels and 198.4m2 for ancillary dwelling use. 16.01% of the site is proposed to be developed as landscaping. 27 carparks, 4 motorcycle spaces and 24 bicycle spaces are proposed on site. The site will be accessed by a single driveway off Venture Drive.

Locality and proposal plans are included below under Figure 1, 2 and 3.

Figure 1 – Locality Plan

Figure 2 – Site Plan
FiFigure 3 - Elevations
Site Description
Site & Locality Description
Road Frontage	The site has a 59m frontage to Venture Drive
Existing Significant Vegetation	Nil
Topography:	The site is flat
Surrounding Land Uses:	The site is neighbouring industrialMCU17/0078 developments to the east and west boundaries, vacant lots to the south and north of the lot and native protected bushland in the distance to the north of the lot

The following planning scheme overlays are applicable to this application

Biodiversity (Environmental Protection)
Natural Hazard (Acid Sulfate Soils)

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,
Any applicable temporary local planning instrument.

South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.

State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:

SEQ Regional Plan Regulatory Provisions

The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions

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

Noosaville Locality Code
Business Uses Code
Driveways and Carparking Code
Landscaping Code
Engineering 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.

Locality Provisions:

The Industrial Business Type 2 and the Ancillary Dwelling Unit components are consistent uses in the zone and require a Code Assessable application process.

The Noosaville Locality Code is most relevant and provides the following overall Outcomes for new uses:

Overall Outcome 11.8.2 reads
11.8.2 	The overall outcomes sought for the Noosaville Locality are the following—
a)	New uses and works are located, designed and managed to—
i	be compatible with other uses and works;
ii	maintain the safety of people and works;
iii 	avoid significant adverse impacts on the amenity enjoyed by users of other premises, including acoustic and visual qualities; and…
vi	provides important industries and service-related businesses to the whole of Noosa, but particularly the coastal area and the north-east area of the former Maroochy Shire
AND
The following Specific Outcome for the Industry zone is also relevant:

Specific Outcome O188

O188	Uses are predominantly of an industrial nature ordinarily expected in an industrial estate with ancillary uses compatible with industrial businesses

Ancillary Dwelling Unit
The 2 x 97.7m² Ancillary Dwelling Units are basic accommodation but has natural light from north and south facing glazing, are the only residential uses on-site and are subordinate to the industrial use and complies with the provisions of the Code.

The following table assesses the built form of the development against the relevant planning scheme  provisions:

Criteria	Planning Scheme	Proposal	Complies
Site Area	3,274.18m²	1,953.5m² (business use GFA) 198.4m² (ancillary dwelling GFA)	
Landscaping	Minimum 15% of the site (491.55m2)	524.8m²	
Building height metres	10 metres	7.3 metres	
Boundary setbacks Frontage Other boundaries	6 metres min 0 metres	6 metres 0 metres	
Car parking	28 uncovered min	27 uncovered car spaces 4 motorcycle spaces	
Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	20 bicycle spaces 1 locker per 2 bicycle spaces and; 1 shower cubicle with ancillary change room per 10 bicycle spaces	24 bicycle spaces 12 lockers, 1 per tenancy 12 shower cubicles, 1 per tenancy	
Ancillary Units Floor Area	150m2 maximum (per lot)	97.7m² (per lot)	

Car parking
The proposed plans provide sufficient car parking as 28 equivalent spaces are provided meeting  the scheme requirements demonstrating compliance with Table 14-51 (Minimum vehicle car parking requirements) of the Driveways and Car Parking Code.

Landscaping
The proposal provides satisfactory landscape setbacks except for a small area to the east of the Venture Drive vehicle access where minimal landscaping is proposed between the boundary and a staff car space. Given the proposal is providing landscaping in excess (23m² excess) than that required by the Code, with a significant amount being to the street frontage, the small non-compliance raises no concern.

The development complies with The Noosa Plan and no pertinent issues are found within the proposal.
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.

CONCLUSION:

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.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU17/0078 for a Development Permit for Material Change of Use of Premises (Industrial Business Type 2 - Production, alteration, repackaging & repairing (12 units) & 2 x Ancillary Dwelling Units situated at 20-22 Venture Dr NOOSAVILLE  QLD  4566 as identified in the attached details recommended for the Decision Notice.
Development Application Number MCU17/0078

1.	APPLICATION DETAILS

Application No:	MCU17/0078
Street Address:	20-22 Venture Dr NOOSAVILLE  QLD  4566
Real Property Description:	Lot 16 SP 297259
Planning Scheme:	The Noosa Plan (28 October 2016)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises (Industrial Business Type 2 - Production, alteration, repackaging & repairing (12 units) & 2 x Ancillary Dwelling Units

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

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
G3047 (1 of 7)	-	Site Plan,	16.10.2017
G3047 (2 of 7)	-	Landscape Planting Schedule	16.10.2017
G3047 (3 of 7)	-	Landscape Details	16.10.2017
G3047 (4 of 7)	-	Ground Floor Plan	16.10.2017
G3047 (5 of 7)	-	Upper Floor Plan	16.10.2017
G3047 (6 of 7)	-	Elevations	16.10.2017
G3047 (7 of 7)	-	Sections	16.10.2017
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Building Appearance
The development must be finished with subdued external building colours.
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages.
The wall on the eastern and western boundaries must be painted with an appropriate design to break up the appearance of building bulk. The design must consist of individual blocks of separate muted colours.
Nature and Extent of Approved Use
Any display and retail sale of goods must remain an ancillary component to the approved use and must not exceed 20%.
Building Height
The maximum height of the development must not exceed 10 metres above the finished ground level and the natural ground level.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 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.
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.
Any awing and other structures in close proximity to the proposed Loading Bay must be designed to ensure no obstruction or impact on the functioning and the use of the loading bay.
Landscaping
All landscape works must be completed prior to the commencement of use the first stage of the development.
All landscaping must be maintained in accordance with the approved plans for the life of the development.
All Landscape works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
Site Access and Driveways
A sealed access driveway must be provided from Venture Drive to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
driveway crossovers in accordance with Council’s standard drawing RS-051 (Type A)
a driveway width of 6 metres maximum at the property boundary
suitable signage to indicate the entry/exit driveways and the traffic direction through the site
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the exit driveway to warn motorists of pedestrian movement along the frontage street
All driveways and carparking must be constructed and completed prior to the commencement of the use of the first stage.
Car Parking
A minimum of 27 car parking spaces and 4 motorcycle spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
6 staff parking spaces and 2 caretaker spaces within the total, which are clearly marked for that purpose
1 disabled parking space/s within the total
Dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 for the relevant user class
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.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular the loading bays indicated on the approved plans
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a total of 24 bicycle parking spaces
end of trip facilities involving 12 lockers, 12 unisex showers and change rooms.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All earthworks must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
Any damage caused to existing services 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.

5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

Not Applicable.

7.	ADVISORY NOTES

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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Operational Work (Earthworks, Stormwater Drainage, Vehicle Crossover and Parking, Landscaping, Erosion & Sediment Control)
Development Permit for Building Work (All Building Works)
Advertising Devices

11.	SELF ASSESSABLE CODES

Not Applicable.

12.	SUBMISSIONS

Not Applicable.

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”.

15.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

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DELEGATED AUTHORITY REPORT

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