Council Report MCU18 0117 · MCU18/0117

MCU18/0117 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR INDUSTRIAL BUSINESS TYPE 1, WAREHOUSE AND RETAIL BUSINESS TYPE 7, GARDEN CENTRE AT 124 EUMUNDI NOOSA ROAD, NOOSAVILLE

Document information

Author	Development Planner, Glen Conforti
Environment and Sustainable Development Dept

Index	ECM / Application / MCU18/0117

Attachments	Nil

APPLICATION DETAILS
Applicant	Fiddlewood Pty Ltd ATF Fiddlewood Unit Trust TA Noosa Pots & Plants
Proposal	Material Change of Use - Industrial Business - Type 1 Warehouse, Retail Business - Type 7 Garden Centre
Properly Made Date	16 July 2018
Information Request Date	N/A
Information Response Date	N/A
Decision Due Date	15 November 2018
Number of Submissions	1

PROPERTY DETAILS
Property Address	124 Eumundi Noosa Rd Noosaville Qld 4566
RP Description	Lot 3 RP 173877
Land Area	1214m²
Existing Use of Land	Noosa Pots and Plants

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazards Overlay – Low Potential Acid Sulfate Soils
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 6 November 2018 regarding Application No. MCU18/0117 for a Development Permit for  Material Change of Use for Industrial Business, Type 1 Warehouse and Retail Business, Type 7 Garden Centre situated at 124 Eumundi Noosa Rd Noosaville Qld and:
A.	Approve the application in accordance with the following 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
A.01		Existing Floor Plan, prepared by Zest Building Design	Plot date 29/08/2018
Nature and Extent of Approved Use
The approved Use Area for the Retail Business Type 7 – Garden Centre is 182m². This total includes 20% Use Area permitted as part of the industrial business.
The development must not include a café.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1500 must be submitted to Council, to secure performance of all conditions of this approval, within 20 days of this approval taking effect. 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.
Landscaping
Additional plantings must be provided to the 2 gardens located on each side of the driveway to the Eumundi Noosa Road. A minimum of 1 feature tree must be planted in the north east corner garden and a minimum of 3 feature trees planted in the south west garden. The plantings must be in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. The feature trees must be Acronychia imperforata and have a minimum pot size of 45 litres.
Car parking
A minimum of 10 car spaces must be provided on site in accordance with AS/NZS2890.1:2004.
B.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The garden centre is consistent with the Overall Outcomes of the Noosaville Locality Code as it is a retail use which is compatible with the surrounding uses and generally unsuited to the business centres.
The proposal will operate in association with the industrial Warehouse with no negative impacts on the adjoining uses.
C. 	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The proposal seeks approval for Industrial Business Type 1 – Warehouse and Retail Business Type 7 - Garden centre which is currently operating from the site. The total use area proposed is 427m² consisting of 245m² for the warehouse component and 182m² for the garden centre, which includes some outdoor display areas. The business is located in an existing building with no external alterations undertaken or proposed. Figure 1 below shows the floor plan and Figure 2 shows the garden centre display area.

Figure 1 – Floor Plan

Figure 2 – Garden centre display area
The applicant advises:
Noosa Pots and Plants is a wholesale supplier of landscape products including plants, pots and planters, décor and garden supplies. Noosa Pots and Plants are an exclusive wholesale sales agent and distributor of Bombora pots.
Typically, one staff member works within the warehouse whilst two staff members are off-site undertaking landscape projects and design consultations.
Noosa Pots and Plants is a supplier to and works in partnership with local landscape architects and interior designers.
The application is before Council as the garden centre use is inconsistent in the Industry zone.
site details
Background
Over the years the site has been used as an ice works, seafood distributors with retail sales and more recently a paint distribution centre with retail sales.
The subject business has been operating for approximately 4 months from the premises. A complaint was received regarding the use in the Industry zone. Council issued an Advisory Letter regarding the business not complying with the definition of an Industrial Business resulting in this application to Council. The subject garden centre use in the Industry zone is addressed in Section 3.3 of this report.
Site Description
The 1214m² rectangular shaped lot has frontage to Eumundi Noosa Road and Traders Lane. The lot has been filled towards the Eumundi Noosa Road where most of the carparking is located. The building is setback behind this carpark. The lot then steps down towards the Traders Lane frontage. The building is 2 storeys but presents as a single storey building to Eumundi Noosa Road. Figures 3 and 4 below show the building from each frontage.

Figure 3 – View from Eumundi Noosa Rd

Figure 4 – View from Traders Lane
Surrounding Land Uses
Adjoining the south is a car sales yard and to the north is a marine sales and service centre. In the surrounding area is a bicycle shop, tyre and mechanical centre and further to the north is the Goodchap Street medical centre and university complex.
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;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Industry. The proposed warehouse use is a consistent use whilst the garden centre use is inconsistent within the zone.
The warehouse use generally complies with the provisions of the Noosaville Locality Code and other relevant codes and raises no concerns.
In terms of the garden centre the following Overall Outcomes of the Noosaville Locality Code are relevant:
11.7.2 	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 or surrounding  area, including acoustic and visual qualities; and
iv 	avoid significant adverse effects on the natural environment, including native habitat removal, fragmentation and attrition;
and specifically for the Industry zone:
vv)	For the Industry Zone—land in this zone—
i 	consists of the Noosaville Industrial Estate, being Noosa’s principal industrial centre;
ii 	is protected for industrial functions including Industrial business Type 2 to the exclusion of incompatible uses including Residential Uses, Community Uses, Commercial business and most sport and recreation uses and Retail business uses;
iii 	has high accessibility to arterial roads and the Bruce Highway;
iv 	does not accommodate uses that would harm the environment through excessive noise, odour, dust, or other waste;
v 	is developed in a fashion that does not detract from the character of its locality or impact on the major road network;
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
vii 	provides for a high level of runoff water quality to Eenie Creek and Lake Doonella;
The site adjoins other retail uses such as a vehicle sales yard and a marine sales and service use where the retail sales area is adjacent to the garden centre. Nearby are a bicycle sales and service centre and a tyre and vehicle repair use. Given the nature of these adjoining and nearby uses, the garden centre is considered compatible with and would not cause any impacts that would negatively affect these neighbouring uses nor cause any reverse amenity issues.
In terms of the greater industrial area, the Overall Outcomes seek to protect industry land for industrial purposes but allows for some compatible retail uses within the zone under Overall Outcome vv) ii which states industrial land:
‘is protected for industrial functions including Industrial business Type 2 to the exclusion of incompatible uses including Residential Uses, Community Uses, Commercial business and most sport and recreation uses and Retail business uses.’
It is considered a garden centre is generally unsuited to the business commercial zones because of the nature of goods sold such as fertilisers, potting mix and the larger items such as pots and garden products/ornaments and plants requiring natural light and irrigation.
It is also pertinent that the garden centre is not a standalone business but is associated with the industrial warehouse and distribution business which services the Noosa region. Figures 5 and 6 below shows the pot storage and the dispatch area of the industrial business.

Figure 5 – View of the warehouse

Figure 6 – Dispatch area
Although the use areas for the two businesses are split approximately 60% industrial business and 40% garden centre, the Industrial use remains economically the primary use and the garden centre is associated with and an adjunct to the primary use.
It should also be noted the large scale items for sale makes it difficult for the business to comply with the 20% retail area permitted under the Planning Scheme for an industrial business.
The applicant has provided the following grounds for approval:
The report demonstrates the proposed industrial warehouse and garden centre represents an appropriate outcome that is consistent with the strategic framework and local planning provisions. The proposal is an effective reuse of an existing industrial/commercial development.
The proposed industrial warehouse (Noosa Pots and Plants) can be supported on a number of grounds which include:
The development is consistent with the Noosa Plan 2017 Strategic Framework and the overall intent for the Industrial Zone;
The proposal is consistent with the nature, scale and type of uses envisaged in the location.
The proposed industrial warehouse and garden centre is located on a site that is appropriate for the use and is compatible with surrounding uses.
The site is well located to existing pedestrian, cycle and public transport routes;
Negligible vehicular traffic will be generated as a result of the proposed use care of the nature of the use and clientele;
Sufficient car parking is able to be provided on-site; and
No new buildings or alterations to the external built form are proposed on-site.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:

Carparking
The quantity of car parking required is determined by the extent of use area. Table 1 shows the use area of each use on site.
Table 1 – Use Areas
Use	Use Area
Warehouse	245m²
Garden Centre	182m²
	427m² total use area
Table 2 provides an analysis of the car parking for the site.
Table 2 - Carparking
Use	Planning Scheme requirement (use area)	Number of car spaces provided by the development	Complies
Warehouse	1 space per 50m²	5		
Garden centre	1 space per 60m² with a minimum of 5 spaces provided	5		
Total required	10	14	
The Planning Scheme requires a total of 10 spaces. The development complies with this requirement providing 14 spaces, being 10 spaces located near the Eumundi Noosa Road frontage and 2 covered tandem spaces (4 spaces) near the Traders Lane frontage.
Landscaping
The proposal does not meet the 15% minimum landscaping provision required by the Planning Scheme for the Industry zone. Notwithstanding this is a reuse of an existing premises, the existing 59m² of landscape gardens located each side of the driveway fronting Eumundi Noosa Road provides a softening to the car park area and the building. The applicant proposes to enhance these 2 gardens by including additional plantings consisting of Acronychia imperforata (Fraser Island Apple) and some understorey species. It is considered the existing landscaping to the front of the site is sufficient and with additional plantings would improve the streetscape.
cONSULTATION
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. One properly made submission was received. The following table provides a summary and assessment of the issues raised by the submitter.
Matters Raised	Comments
The proposal is not consistent with Overall Outcome (vv), Specific Outcomes O188 and O189, part 3.1.3 (e) of the DEO and part 1.7 of the strategic framework.	The Planning Scheme seeks to exclude incompatible uses from the Industry zone and excludes most retail uses but not all retail uses. It is considered the proposal is compatible with the surrounding uses and generally unsuitable for commercial/business areas.
The applicant has not provided sufficient planning grounds to warrant approval despite the conflict with the planning scheme.	The applicant has addressed the relevant provisions of the Planning Scheme and it is considered there are sufficient grounds to recommend approval of the application despite the conflict.
There is a need to protect industrial land for industrial purposes	The Planning Scheme does not exclude all retail uses from the Industry zone and allows for some uses not suited to other zones. It is considered the garden centre use as a secondary use to the warehouse use meets the objectives of the Planning Scheme.
conclusion & REASONS FOR DECISION
The proposal is for a pot and plant warehouse and garden centre within an existing building. The Industrial Business Type 1 – Warehouse is a consistent use in the zone and meets the relevant provisions of the Planning Scheme.
The Planning Scheme does not exclude all retail uses from the Industry zone but allows some retail uses which are compatible with industrial businesses and not suited to the business zones. The subject Retail Business Type 7 – Garden Centre is considered to be compatible with the surrounding uses and will not create adverse impacts or limit business potential of the surrounding premises. Given the nature of the products sold it is considered to be suited to the subject site.
The application is recommended for approval subject to conditions.
The following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The garden centre is consistent with the Overall Outcomes of the Noosaville Locality Code as it is a retail use which is compatible with the surrounding uses and generally unsuited to the business centres.
The proposal will operate in association with the industrial Warehouse with no negative impacts on the adjoining uses.
Departments/Sections Consulted:
	Chief Executive Officer	X	Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
		X	Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	6 NOVEMBER 2018

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