L02 To NSC - changes reps to DN

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Applicant’s Grounds:
The applicant prefers the fencing and landscaping as proposed in the development application.

The application is code assessable development and it is to be assessed against the assessment
benchmarks applicable for the proposed uses, the site and its Low Impact Industry Zone. The site is
not across the road or adjoining residential zones

A total of 15% of the site has been provided for landscaping. The majority of the landscaping has been
provided to the rear of the premises to provide areas for staff to utilise which is consistent with AO34.
A 3m wide landscaped setback has been provided to the Bartlett Road frontage which will be able to be
densely landscaped. The proposed layout provides an appropriate landscape presentation to Bartlett
Road as well useable open space to the rear of the site.

It is unknown on what basis is requesting the fence to be setback an average of 2m. with a minimum
setback of 1m.


Condition 24:
        A minimum of 14 car parking spaces and 8 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:
             a) 1 disabled parking space/s within the total; Version: 2, Version Date: 04/05/2022
                 Document Set ID: 21917120 Page 4 of 7
             b) dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
                 Parking Facilities.

Applicant’s Grounds:
The applicant is concerned about having to provide a ..’ minimum of 14 car parking spaces and 8
motorcycle spaces.’

The proposed warehouse has a GFA of 796m2 on this 1528m2 site. The proposed caretaker’s
accommodation use has a gross floor area of 65m2. The Noosa Plan 2020 prefers the following onsite
parking spaces

Vehicle (other than below) spaces
1. one space per 50m² up to 500m²;
2. one space per 100m² in excess of 500m²; and
3. if for a site of—

    a) 1,000m²—1,999m² a loading bay for a single unit truck 12m x 3.6m; or
    b) 2,000m²—3,999m² a loading bay for a semi-trailer of 15m x 3.6m; or
    c) 4,000m² or more a loading bay for a semi-trailer of 15m x 3.6m and on site manoeuvring for a
                semi-trailer

Motor cycle spaces
1. one space per 100m² or part thereof of use area; and
2. for Industry activities a maximum eight spaces provided

Bicycle spaces
1. one space per 100m² up to 500m²; and
2. one space per 500m² in excess of 500m2

It is assumed that Council has added the GFA for the proposed caretaker’s accommodation use into the
proposed Warehouse use to arrive at a total GFA of 861m2 for the approved Warehouse use. The
applicant would like to discuss this with Council at a meeting as requested below.

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The refusal of the proposed Caretaker’s Accommodation use

   1. The proposed Caretaker’s Accommodation does not comply with Overall Outcome 2(b),
      Acceptable Outcome AO2.2 and Performance Outcome PO2 of the Caretaker’s Accommodation,
      Dwelling Unit and Rural Worker’s Accommodation Code, and Overall Outcome 2(l), Performance
      Outcome PO7 of the Low Impact Industry Zone Code, as:
      a. There is no demonstrated genuine operating need for full-time caretaking of the industrial use;
      b. There is no demand for 24 hour care of buildings, operations, plant or equipment;
      c. It is not on a site with an area of at least 2,000m2

Applicant’s Grounds:

As stated in the original application …’the Caretakers residence is to be used by the owner of the site
     who proposes to store specialist medical equipment for building fit out as well as building materials.
     Due to the nature of the goods stored on site as well as the afterhours deliveries and pick up, a
     caretaker is required for security and organization. The proposed use is directly related to the
     storage and distribution use of the premises. Only one caretaker is proposed and residence is not
     more than 65m2 in area. Site area of 1528m2 does not comply with the prescribed area and a
     caretaker’s accommodation has been approved at 11 Bartlett Street approximately 92 meters from
     the proposal. The applicant reiterates that due to the sensitivity of the equipment and operational
     hours a caretaker is required on site. It is noted that due to the configuration of the site, existing
     landscaping and fencing the Caretaker residence at 11 Bartlett Street would not provide any casual
     surveillance for the subject site. Caretaker associated with the industrial use to reside on site.’

The applicant’s response to Council’s information request further advised Council as follows on this
matter.

     The applicant owns and operates a property development business that specialises in the
     construction and fit out of medical and professional suites as well as specialty shopping complexes,
     child care centres and the like. The applicant is regularly sourcing specialist medical, materials
     and other equipment and products associated with the construction and fitting out of the properties
     that develop. There are many significant challenges associated with the delivery of these products
     and they require storage until required.

     Due to the high cost of some equipment and the logistics in obtaining these items to ensure these
     are available on time for construction and fit out they require secure storage. These items which in
     some cases extremely expensive, bulky and hard to source with extensive wait times due to
     logistics and overseas delivery issues.

     The reason that the applicant is undertaking the construction of this property is because the
     equipment requires storage in a monitored and highly secure premises.

     The applicant will be sleeping on site when equipment is being delivered and stored to ensure the
     security of the equipment. The caretaker’s accommodation (which is essentially subordinate to the
     primary storage use) will be used sporadically perhaps to approximately 14 days at a time. During
     daylight hours the applicant will be based in the on-site office for Tenancy 1 or will be at the
     applicant’s home address.

     Tenancy 1 has been intentionally designed so the warehouse, office and caretakers
     accommodation are fully integrated and suited to one occupant only. This should be evident by a
     review of the enclosed set of architectural plans by Sprout Architects (refer to Attachment 1).

In an email sent to Council on 27/04/2022 on behalf of the applicant, Council was further advised as
follows:-

     As previously advised, the security guard service as being suggested by Council is definitely not
     an option given the specifics of the proposed duties of a caretaker in this particular instance.

     The applicant advises that in order provide Council with greater comfort, the applicant is prepared
     to accept the inclusion of conditions in the development approval for the caretaker’s
     accommodation component which requires the following:

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     1. The overnight occupation of the caretaker’s accommodation will not occur more than 200 days
     per annum and no more than 60 consecutive days at a time.

     2. The owner of the site will maintain records of such occupation which can be made available
     to Noosa Council as and when required.

Council’s three grounds for refusing the proposed Caretaker’s Accommodation use are appreciated
however these grounds are challenged. The development application as originally lodged with Council
addressed the situation whereby the area of the site was below the 2000m 2 as preferred PO7 in the Low
Impact Industry Code in the Noosa Plan 2020.

It is unknown on what basis that Council has determined that there is …’no demand for 24 hour care of
buildings, operations, plant or equipment.’ The applicant has continued to advise Council that there is
a demand. Council has responded by acknowledging a demand of sort when it suggested the use of a
security guard service. The applicant is adamant that there is a demand based on its experience in
undertaking the proposed warehouse activity associated with the proposed Caretaker’s Accommodation
use. The applicant again confirms that a security guard service is not suitable. The applicant would like
the opportunity to discuss this further with Council as there appears to be some confusion.

It is suggested that the proposed Caretaker’s Accommodation use meets the overall outcome 2(l) in the
planning scheme and the purpose of the Low Impact Industry Zone for those reasons previously
provided to Council.

Consequently the applicant requests that Michael Klobas meets with Council as soon as possible in
order to discuss the above representations. It may be that following such a meeting that the applicant
makes further representations.

The applicant therefore requests that Council issues an amended decision notice which includes the
above amendments to the above based on these initial representations and any subsequent
representations to Council before Council completes its assessment of these representations.

Council remains welcome to contact me directly if Council would like to discuss the above or when
Council is in a position to meet to discuss these representations.



Yours faithfully,




Greg Martoo
Principal
martoo consulting pty. ltd.