Development Application For Material Change Of Use For Transport Type 3 - Depot Situated At 44 Nandroya Road, Cooroy (MCU15/0085)

DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR TRANSPORT TYPE 3 - DEPOT SITUATED AT 44 NANDROYA ROAD, COOROY (MCU15/0085)

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / APPLICATION / MCU15/0085

Attachment 	1.	Proposal Plans

APPLICATION DETAILS
Applicant	AH Forge
Proposal	Development Permit for Material Change of Use - Transport Type 3 – Depot
Properly Made Date	3 September 2015
Decision Due Date	28 April 2016
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	44 Nandroya Road Cooroy  Qld  4563
RP Description	Lot 2 RP 193949
Land Area	21,760m2
Existing Use of Land	Transport depot, detached house and associated sheds

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy & Lake Macdonald
Zone	Rural Settlement
Overlays	Natural Resources - Water Supply Catchment - Gas Pipeline Buffer
Assessment Type	Impact

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 19 April 2016 regarding Application No. MCU15/0085 for a Development Permit for a Material Change of Use - Transport Type 3 - Depot situated at 44 Nandroya Rd, Cooroy 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
08-2692AD		Plan showing location of new shed at lot 2 on RP193949, prepared by Max Watterson & Associates	12-05-2015
Q0427-SITE		Site Layout, prepared by AJS Surveys	17-02-2016
2 of 6		Floor Plan, prepared by Fineline Residential Design	2 December 2014
3 of 6		Elevations, prepared by Fineline Residential Design	2 December 2014
6 of 6		Roof Plan, prepared by Fineline Residential Design	2 December 2014
Earthworks
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.

Advice Agency
The development must comply with the Energex Limited Referral Response dated 16 March 2016, reference HBD 5059698 346062.
B.	Find the following sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The use is existing on the site and the development will not negatively impact on the developed character or amenity of the area.

REPORT
PROPOSAL
The application is for constructed sheds at an existing transport depot at 44 Nandroya Road, Cooroy. The application would otherwise be a ‘Change to an Existing Approval’ but because there is an additional State Referral Agency since the original approval, a Material Change of Use application is required, pursuant to the Sustainable Planning Act 2009. The application is before Council as the Transport Use is inconsistent in the Rural Settlement zone.

The site has been used as a transport depot (formerly Bells Transport & Cooroy Mountain Spring Water) since 1981 with the new owners seeking to gain approval for the unapproved works. The unapproved works comprise a 535m² (16.9m long x 31.7m wide x 7.8m high) shed constructed adjacent to the existing workshop and a 165m² open sided shed over the existing wash bay. The works are shown below in Figure 1.

Figure 1 – Unapproved Sheds

The largest shed provides cover for what was an outside vehicle and equipment storage area and the smaller shed covers the existing wash bay. There is no proposed change to the nature or intensity of the existing use.
site details
Background
On the 20 March 1981, Council approved a Transport Depot (TPC1326).
Site Description
The lot slopes up from Nandroya Road to the south western property boundary that adjoins the Bruce Highway.

Existing is a 590m² shed and a 342m² administration building (approximately) which are sited close to the south western boundary (to Bruce Highway frontage). A fuel storage area and a 300m² wash bay are located in the southern corner of the site.

Access to the lot is sealed with large hardstand areas to the front of the sheds. A 3,500m² unsealed turn around and parking area is located between the existing caretaker’s house and sheds and administration building.

An existing caretaker’s residence is located in the northern corner of the lot fronting Nandroya Road.

Figure 2 - Subject Site outlined in purple

Surrounding Land Uses
The site is located approximately 2.2km southeast of Cooroy’s town centre. The Bruce Highway adjoins the south west boundary; across Nandroya Road to the north is a small enclave of rural residential lots and the North Coast Railway line beyond these lots.

Directly adjoining the site to the east is a 3.024ha lot owned by the Department of Transport & Main Roads (DTMR) which is heavily vegetated. Straddling the common eastern property boundary is a 40m wide easement containing high voltage power lines and large stanchions. The easement is seen in red hatching in Figure 2 above.

To the west, the site adjoins a 7,477m2 lot which includes a detached house, associated sheds and an existing 41m high NBN tower. This house is approximately 110m away from the subject sheds.

Further to the west across the Bruce Highway, a clay resource quarry, small rural holdings and a recently approved RV Park exist.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions; and
The Noosa Plan
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposed use is consistent with the regional policies and regulatory provisions of the SEQ Regional Plan.
Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Rural Settlement. The proposed use is identified as an inconsistent use within the zone and is required to follow an impact assessable application process.
Locality Provisions
Transport Use
The transport use has been operating lawfully since 1981.
Although the area is zoned Rural Settlement, there are a number of non-residential uses in close proximity, such as high voltage power lines traversing the site and a 41 metre NBN tower on neighbouring land to the north west. The site adjoins the Bruce Highway and additionally, a railway depot is located beyond the small rural residential allotments opposite the site.
There is no proposed intensification of use, as the large shed provides cover to approved vehicle and storage areas and the smaller shed provides cover for the wash bay. The structures do not create any additional impacts on the rural residential amenity than existed prior to the structures erection. Given the use has been operating since 1981 and the new sheds since approximately 2013, and no submissions were received from residents as part of this impact assessable application process, the development is considered compatible with the rural residential enclave and the existing character of the area.
Setback
The Noosa Plan seeks a 6m setback to buildings and structures in the Rural Settlement zone. The shed is setback between 3.85 metres and 4.92 metres and an awning is setback 0.14 metres to the Bruce Highway frontage. The setback raises no concern as there are only brief filtered views of the shed through road reserve vegetation from the Bruce Highway and the Highway generally sits considerably lower than the lot, which impedes any view of the sheds.
Overlay Provisions
The site is affected by the Natural Resources Overlay and subject to the Natural Resources Overlay Code - Water Supply Catchment and Gas Pipeline Buffer. An assessment against the Code is provided below.
Water Supply Catchment
The Code seeks to ensure that development does not adversely affect the quantity and quality of water from development sites into the Shire’s water courses and storage facilities. The sheds are sited to areas which were previously hardstand areas and as such there is little change to the water quantity or quality of runoff to that existed prior to the erection of the sheds.

Gas Pipeline Buffer
Probable Solution S14.1 of the Natural Resources Overlay Code requires that there is no increase to the number of people congregating within 200m of the gas pipeline. This application seeks approval for structures that do not involve an increase in the intensity of the use or the number of people onsite and is considered to meet the provisions of the Code.

cONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
Department of Infrastructure, Local Government ad Planning – State Controlled Road
The Department is a concurrence agency because the subject site abuts a State Controlled Road. The department provided conditions that ensure the impacts of stormwater associated with the development are minimised and managed to avoid any adverse impacts on the State transport corridor.
Advice
Energex Limited

Energex is an advice agency as the subject is affected by an Energex Easement. Energex approve the development but are in discussions with the owner for the relocation of the wash bay (out of the easement) or to increase the height of the power lines.

The wash bay encroaches 1.18m into the easement and does not meet the minimum height separation distance between the roof and the power lines above. After discussion with the applicant the wash bay roof can easily be reduced in height to meet Energex requirements. A condition is recommended to ensure the applicant complies with Energex’s response dated 16 March 2016.
Other Referrals
The application was forwarded to Council’s Engineering Officer for comment.
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. No submissions were received.
conclusion
Despite the Transport use conflicting with the Rural Settlement Zone, the application seeks approval for structures for an existing use that does not create any further impacts on the rural residential character or amenity of the area. There is no increase to the number of people onsite and the quantity and quality of stormwater runoff from the site will not negatively impact on the Shire’s waterways or storage facilities.

Despite the conflict with The Noosa Plan, the following is considered grounds to support the application:
The use is existing on the site and the development will not negatively impact on the developed character or amenity of the area.
The sheds do not raise any significant planning concerns and are recommended for approval, subject to conditions.

Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	x	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance	x	Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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