ASTP-Reps_for_NDN

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We argue the current wording of the conditions unnecessarily restricts the future industrial land uses on the site
by binding the caretaker’s accommodation to a specific industrial activity. It would be unreasonable for the
owner to have to remove the caretaker’s accommodation if they wanted to undertake a different form of
‘accepted development’ within the existing industrial building once established.

It is therefore requested that the description of the development and conditions be amended and/or deleted,
as detailed below.



Description of development
Development Permit for a Material Change of Use - Caretaker’s accommodation, Low impact industry and
Caretaker’s accommodation (motor vehicle servicing and alterations)

Justification: To reflect the land uses that were applied for, being Low Impact Industry and Caretaker's
Accommodation.



Nature and Extent of Approved Use
6. Motor Vehicle servicing is to occupy a minimum of 1,150 m² of the approved gross floor area.

Justification: Condition 6 is not necessary because it is covered by conditon 3 and the restrictions under
conditions 4 and 5. It is not reasonable to require a minimum area of the industrial tenancy to be used by a
specific land use and this removes flexibility of the operator should they wish to change and adapt (within the
confines of the Low Impact Industry planning scheme definition).

7. Courtesy vehicles (only for customers of the site for Motor Vehicle servicing and altering) do
not exceed 6 motor vehicles and 100m² of the gross floor area.

Justification: Condition 7 is not necessary because it is covered by the restrictions under condition 4.

8. Onsite vehicle storage relates to the Servicing / and altering of Motor Vehicles only and does not exceed 10
business days. No vehicles are to be stored at the site for more than 10 business days or to enter into a
commercial arrangement for the storage of motor vehicles.

Justification: Conditon 8 is not necessary because it is covered by the restrictions under condition 4.

10. The approved use must not operate outside the hours of 7am to 6pm Monday to Sunday Saturday and not at
all on Sundays or public holidays. Administrative tasks may occur on Sundays. No operations are permitted on
public holidays. The requirements of this condition must be included in the Community Management Statement
for any body corporate for the subject site.

Justification: To allow low impact administrative tasks to be carried out onsite to support operations and
meeting of customer needs. Administrative tasks will not generate any nuisance, such as noise or odour.




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Community Management Conditions
19. All clauses and by-laws of the proposed Community Management Statement must accord with the
requirements of this Decision Notice and, in particular, must include the following additional clauses:
         a. The Caretakers accommodation unit shown on the approved plans is to be used for
         the purpose of providing onsite accommodation and supervision for the Low Impact
         Industry activity on site only for the temporary storage and service of Motor Vehicles only. The unit is
         not for use by another party / persons not connected with the abovementioned use.
         b. The approved use must not operate outside the hours of 7am to 6pm Monday to
         Saturday and not at all on Sundays or public holidays. Administrative tasks may occur on Sundays.

Justification: This ensures that the caretaker’s accommodation remains subordinate and ancillary to the
industrial activities onsite but is not unreasonably bound to a specific industrial use, such that a future ‘accepted
development’ industrial use is able to utilise the caretaker’s accommodation within the bounds of the planning
scheme definition. Furthermore, allowing low impact administrative tasks to be carried out onsite supports
operations and meeting of customer needs. Administrative tasks will not generate any nuisance, such as noise
or odour.



Fencing and Walls
22. Any fencing to the road frontage must be set back at least 1 metre from the street boundary and must have
a minimum average setback of 2 metres to the street boundary, or in accordance with the approved plans. All
land between the fence and the front property boundary must be densely landscaped.

Justification: Due to the alignment and shape of the front boundary, a portion of the proposed fence adjacent
to Car Park 01 will need to extend to within 1 metre of the boundary.



Landscaping Works
               b. landscaping comprised of trees, shrubs and groundcovers selected
               from the Planning Policy 2 – Landscape is to be provided to the entire
               batter along the southern boundary of the lot. Plant must be installed at
               the following densities:
                        i. trees at 5 metre centres,
                        ii. shrubs at 3 metre centres and
                        iii. groundcovers / grasses at 1 metre centres.

Justification: The requirement for landscaping along the southern boundary batter, including specified planting
densities for trees, shrubs and groundcovers, is not necessary. Landscaping in this area was completed as part
of the original subdivision approval (Council Ref: RAL20/0017), which constitutes the higher-order approval. The
approved plans already address this matter. The current proposal includes weed management and the
replacement of plants in open areas, as shown on the submitted plans.

                  e. provision of 1 street tree within the road reserve of the development’s frontage

Justification: The provision of one street tree within the road reserve of the development frontage cannot be
achieved due to conflicts with existing underground services. In accordance with Noosa Landscape Code 9.4.5
AO12.5, street trees must be located at least 2 metres from services. The existing sewer line and a Telstra service



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located closer to the kerb, which was not captured in the survey but is shown in the approved subdivision
landscape plans, prevent compliance with this requirement. For this reason, no street trees were nominated in
the current or original subdivision plans.



Amendments
                    a. Updated landscape plans that incorporate, trees shrubs and groundcovers within the
                    Vegetation Management Zone at the densities specified in the conditions of approval, in line
                    with bushfire requirements for low flammable species.

Justification: The decision notice identifies Plans Requiring Amendment – LD3 LP1. It is requested that this
requirement be removed as the landscape plans already incorporate trees, shrubs and groundcovers within the
Vegetation Management Zone at the densities specified in the conditions of approval, using low-flammability
species in accordance with bushfire requirements. This was addressed in the original design. The only
outstanding action is the removal of any remaining highly flammable species following weed management, as
shown on the submitted plans.

                    b. Updated landscape plans that substitutes the turf area along the north-east and eastern
                    side of T.03 building, with landscaped garden beds that incorporate additional large trees
                    shrubs and groundcovers to soften the built form.

Justification: The substitution of turf with landscaped garden beds along the north-east and eastern sides of
Building T.03 is not considered necessary. The current design already includes appropriate landscaping to soften
the built form, particularly in relation to the neighbouring car park. Further amendments would not provide any
additional benefit and are not justified given the context of the surrounding development.

                    c. Bioretention basin batter plantings to incorporate shrubs and
                    groundcovers from the planting schedule

Justification: The bioretention basin batters have been designed in accordance with the Water by Design
Guidelines. The inclusion of shrubs is not appropriate due to the narrow width of the batters. Groundcovers
have been used as a suitable alternative, and the design meets the relevant performance outcomes.

                    d. Substitute the following species and update plans accordingly:
                    i. Leptospermum petersonii with Corymbia tessellaris

Justification: The substitution of Leptospermum petersonii with Corymbia tessellaris is not supported. Corymbia
tessellaris was not selected due to its known issues with limb drop, which presents a safety risk, and because it
is not recognised as a fire-retardant species. Further, the species on shown on the landscape plans lodged are
listed in Noosa’s approved plant list.



These change representations complete our response to Council’s Decision Notice and conditions of approval.
We look forward to the Negotiated Decision Notice being issued by Council in accordance with the relevant
provisions of the Planning Act 2016.

As always, please feel free to contact me direct should you require any additional information or clarification.

Yours faithfully,




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ADAMS + SPARKES
TOWN PLANNING

(legge

Emma laleggio
TOWN PLANNER

Our ref: 240806

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