Delegated Report - Impact - Planning MCU22 0149

Author	Acting Coordinator Planning - Nadine Gorton
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0149
Applicant	Noosa Heads Surf Life Saving Club Inc
Proposal	Material Change of Use - Indoor sport and recreation, Warehouse
Properly Made Date	31 August 2022
Information Request Date	28 September 2022
Information Response Date	18 October 2022
Decision Due Date	22 December 2022
Report Completed Date	16 December 2022
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	1/11b and 11b Venture Dr Noosaville Qld 4566
RP Description	Lot 1 SP 173113
Land Area	273m²
Existing Use of Land	Industrial tenancies

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Medium Density Residential Venture Drive Precinct
Overlays	Land subject to acid sulfate soils Bushfire Hazard (Potential impact buffer)
Assessment Type	Impact
PROPOSAL
The application seeks approval for a Material Change of Use - Indoor sport and recreation, Warehouse to support operations by the Noosa Heads Surf Lifesaving Club.  The club requires an industrial shed “principally for the storage of fleet and equipment including trailers, club bus, maintenance equipment, boats and other general gear used for the purpose of surf lifesaving.  The shed would also be used for the filing and storage of administration and other records/history”.
The club also proposes to construct a mezzanine floor of 192m2 wholly within the existing building to create an additional training space including education courses and assessment, including First Aid, CPR, Advanced Resuscitation etc.
The training facilities are to be used as follows:
5am to 5pm - up to 10 people, 7 days a week
5pm to 7.30pm – up to 10 people, 2 times a week
6pm to 9.30pm – up to 10 people, once a month
A locality and the proposal plans are included below:

Figure 1 – Locality and Site Plan

Figure 2 – Proposed Car Park Layout

Figure 3 – Proposed Ground Floor

Figure 4 – Proposed Mezzanine

site details
Background
The existing industrial tenancies were developed under the 1990 planning scheme wherein industrial uses did not require a planning approval subject to meeting the planning scheme requirements for car parking, landscaping, setbacks and height.
Site Description
The subject tenancy obtains access via an access handle from Venture Drive, within common property, with the access handle shared by a number of other industrial tenancies.  The site is relatively level with an industrial building of 250m2 and 5 parking spaces constructed on site.  There is some existing landscaping along the site’s northern rear boundary and western side boundary.

Surrounding Land Uses
The site is located in the Venture Drive Enterprise Precinct with the area mostly developed for industrial uses, though some commercial and retail uses also operate from the area.  A service station is located to the north of the site.
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.
The following codes from the Noosa Plan are applicable to this development:
Noosaville Locality Plan
Medium Impact Industry Zone Code
Industrial Activities Code
Recreation Activities Code
Works Code
The subject site is located in the Noosaville Locality and is zoned Medium Impact Industry. The proposed uses (Warehouse and Indoor Sport and Recreation) are identified as consistent uses within the zone and required to follow an impact assessable application process given a new mezzanine floor is proposed.
The proposed uses comply with the applicable codes with the proposed training facility considered to be consistent with the definition of Indoor Sport and Recreation.

The key issues for assessment are discussed below.
Locality and Zone Codes
The Locality and Zone Codes include the following requirements for the proposed uses.
Noosaville Local Plan Code
Development in the Low impact industry zone and the Medium impact industry zone accommodates a broad range of industry and business uses, avoiding negative impacts on the amenity of nearby residential areas.
Activities in industry zones provide important services and products to the community and provide a range of employment types.

PO15
Development in the Low Impact Industry zone and the Medium Impact Industry zone:
provides a range of enterprises that contribute to the economic diversity of the Shire and local employment options;
provides important industries and service-related functions to the whole of Noosa Shire but particularly the coastal area;
offers a range and diversity of employment types;
does not accommodate uses better located in a centre zone
does not detract from the safe function or amenity of Eumundi Noosa Road, Walter Hay Drive or Eenie Creek Road; and
does not accommodate uses that would harm the environment, including Eenie Creek, Lake Doonella and Lake Weyba, through excessive pollutants.

Medium Impact Industry Zone Code
warehouses for self-storage facilities are avoided to protect industrial land from underutilisation;

Venture Drive Enterprise Precinct
Development may accommodate some Theatre uses (filmmaking studio or music recording studio)  and Sport and Recreation uses where adverse off-site impacts are avoided and the use—
is compatible with surrounding industry uses; and
does not compromise the ongoing operation and viability of industry activities nearby and within the Medium Impact industry zone;
Offices are trade related only and do not compromise or compete with the Noosa Shire Centres Hierarchy.
PO3
Warehouse development is not a self-storage facility and does not front Taylor Court, Cooroy.
PO36
Development is for industry and other small scale compatible uses to encourage opportunities for co-location including creative industries and small scale enterprise.
PO38
The Venture Drive Enterprise precinct accommodates medium impact industries, businesses and supporting ancillary and small complementary uses. For ancillary and complementary uses the gross floor area of any food and drink outlet, retail or administration component does not exceed a combined gross floor area of no more than 40% of the total gross floor area of the site with:
any ancillary retail sales or administration component having an individual gross floor area no greater than 30% of the total gross floor area of the site; and
any ancillary food and drink outlet component having an individual gross floor area no greater than 30% of the total gross floor area of the site or 60m2 whichever is the lesser; and
any complementary use has a gross floor area of no greater than 10% of the total gross floor area of the site or 30m2  whichever the lesser.
The proposed warehouse and indoor sport and recreation use are consistent with the intent of the Venture Drive Enterprise precinct which as detailed above, is intended to support a broader range of uses than areas outside this precinct, including indoor sport and recreation uses.
The proposed warehouse component supports the operation of the Noosa Heads Surf Lifesaving Club being a community organisation providing essential emergency services to beach users.  In this regard, while the applicant seeks to use the building for the storage of fleet and equipment, the proposal is not considered to constitute self-storage as referred to and discouraged by the scheme in the medium impact industry zone.  The proposed storage is for a community use and is not storage for individuals or families etc. which are typically referred to as self storage, with such self storage facilities already well accommodated in the industrial area.
The proposed indoor sport and recreation component is generally compatible with surrounding industry uses and will not compromise the ongoing operation and viability of industrial activities in the area.
Driveways and Car Parking Code
The Driveways and Car Parking Code requires the following car parking
	Car Parking Required	Proposed Car Parking
Warehouse (113m2)	2.2 spaces	
Indoor Sport and Recreation (192m2)	9.6 spaces	
	12 spaces	13 spaces
The applicant submits that based on the availability of 13 spaces on site and the demand of up to 10 persons on site at any one time, there is sufficient car parking available on site for the proposed uses.  The applicant also notes that large areas of the ground floor are for storage of fleet and equipment including trailers, club bus, maintenance equipment, boats and other general gear for surf life saving generating limited car parking demand.
The proposed car parking and arrangement are considered to meet the codes, with the proposed tandem bays intended for staff.  In this regard the applicant advises ‘the instructors will be on site before and after any members using the training facilities and are located in an appropriate location to allow for easy access and egress’.
Tandem carparking spaces are not normally accepted for industrial or warehouse uses however due to the large areas of the ground floor utilised for storage of vehicles, boats and the community use training operations, the proposed tandem spaces are considered acceptable. If the use is altered and no longer utilised by a community organisation the carparking arrangement will need to comply with planning scheme requirements. Conditions have been included in this regard.

Landscaping Code
The existing landscaping on site requires some improvement.  In this regard the applicant proposes to supplement the existing garden areas with lilly pillys to provide for a landscape screen buffer around the perimeter of the industrial site.  The applicant advises there is to be no loss to the existing landscape areas.

cONSULTATION
Referral Agencies
Not applicable.
Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineer

Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. No properly made submissions were received.
conclusion & reasons for decision
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.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0149 for a Material Change of Use - Indoor sport and recreation, Warehouse situated at 1/11b Venture Dr Noosaville and 11b Venture Dr Noosaville, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0149
Street address:	1/11b Venture Dr Noosaville Qld 4566 11b Venture Dr Noosaville Qld 4566
Real property description:	Lot 1 SP 173113
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Indoor sport and recreation & Warehouse
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
CD1	A	Parking Bay Layout	5 August 2022
20.116 Sheet 4/9	-	Proposed Ground Level	27 June 2022
20.116 Sheet 5/9	-	Proposed Mezzanine	27 June 2022
20.116 Sheet 6/9	-	Roof	27 June 2022
20.116 Sheet 7/9	-	Proposed Elevations	27 June 2022
20.116 Sheet 8/9	-	Proposed Elevations	27 June 2022
20.116 Sheet 9/9	-	Sections 1-2	27 June 2022
Nature and Extent of Approved Use
The Warehouse and Indoor Sport and Recreation is permitted only for the purpose of storage of fleet and equipment and administration files/records and as a training facility for a surf lifesaving club.
The ground floor must be used primarily for storage of fleet and equipment as detailed on Drawing 20.116 Sheet4/9, titled Proposed Ground Level and dated 27 June 2022.
The proposed mezzanine floor must be used primarily as a training space for a surf lifesaving club for education courses and assessment such as First Aid, CPR, Advanced Resuscitation.
The maximum number of people on site at any one time must not exceed 13 persons, except for arranged group activities involving the use of the 12 seater club bus, where this number may be able to be increased to a maximum of 25 people.
Currency Period
This development approval lapses if the use has not happened by 16 December 2028, unless an application to extend the currency period is approved by Council.
Amenity
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with the Noosa Plan for that specific area and must include in particular:
the works shown on Drawing Number CD1 Revision 1, titled Parking Bay Layout and dated 5 August 2022
retention of all existing landscape areas.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Car Parking
A minimum of 13 car parking spaces must be provided and marked on the site and made available and accessible at all times while the building is being used.
Water Quality
Contaminants or contaminated water must not be directly or indirectly released from the premises or to the ground or groundwater at the premises except for:
Uncontaminated Overland Stormwater flow;
Uncontaminated Stormwater to the stormwater system;
Releases to water must not cause any visible oil slick or other visible evidence of oil or grease, nor contain visible, grease, scum, litter or floating oil.
The operator must ensure that:
maintenance and cleaning of equipment (including vehicles and plant) is carried out in an area where contaminants cannot be released into stormwater drainage, a roadside gutter, a water or onto unsealed ground;
any spillage of contaminants is cleaned up immediately by a method other than hosing, sweeping or otherwise releasing the contaminants into stormwater drainage, a roadside gutter or a water;
incident rainfall and overland flow of stormwater does not contact contaminants (for example, areas with contaminants should be roofed or be protected by diversion drains).

referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	Building Works
submissions
There were no  properly made submissions about the application.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 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.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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