Delegated Report - Code - Planning MCU20 0130 · MCU20/0130

Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0130
Applicant	Michael Tozer and Sunshine Coast Commercial Pty Ltd
Proposal	Material Change of Use for a Warehouse
Properly Made Date	17 November 2020
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	28 January 2021
Report Completed Date	28 January 2021
Report Reviewed By	Glen Conforti – 28 January 2021

PROPERTY DETAILS
Property Address	11/11 Bartlett Road, Noosaville
RP Description	Lot 16 on SP290687
Land Area	968.0m²
Existing Use of Land	Bowling alley and mixed industrial uses

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Impact Industry
Precinct	Not Applicable
Local Plan Area	Noosaville
Overlays	Acid Sulfate Soils (Above 5m AHD to 20m AHD)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use for a Warehouse. The proposal is over 11/11 Bartlett Street (Lot 16 on SP290687), the eastern portion of the southern building at 11 Bartlett Street (refer to Figure 2). The building was previously utilised as a bowling alley and laser tag, however these uses have now ceased. The proposal is to convert the building into two industrial tenancies (Lot 16 and 17) located within the existing industrial building. It is noted by the applicant that the owner of the site is now in the process of subdividing existing Lot 16 into two tenancies.
The application does not propose any external changes to the tenancies in terms of built form, however a new mezzanine level is proposed within each new tenancies, resulting in the following tenancy configurations:
	Proposed Unit 16	Proposed Unit 17
Ground Floor	754m2	193m2
Mezzanine Level	102m2	45.95m2
Total	856m2	238.95m2
Proposed Lot 16 includes a bathroom and office on the Ground Floor (refer to Figure 3), whilst Lot 17 includes a bathroom on the Ground Level and an office and storage on the Mezzanine Level (refer to Figure 4).
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Subject Site

Figure 3 – Proposed Unit 16 Floor Plans (Lower Level and Mezzanine Level)

Figure 4 – Proposed Unit 17 Floor Plans (Lower Level and Mezzanine Level)

Figure 5 – Typical Unit Front Façade

Figure 6 – Proposed Unit 16 Section

Figure 7 – Proposed Unit 17 Section
site details
Background
A development approval for an indoor entertainment (bowling centre) was issued by order of the court on 26 February 2001 (131999.983083).
A Generally in Accordance was issued by Council on 14 November 2020 for changes to the order of the court approval for the Bowling Centre, decreasing the floor area of the existing bowling centre in order to establish 4 x new industrial tenancies. According to the applicant, the purpose of the GIA was ‘that the bowling alley is to remain in the eastern portion of the building with the Lazer Tag removed and replaced with 4 industrial tenancies.’

Figure 8: Tenancies subject to GIA (131999.983083.2)
Site Description
The subject site (Lot 16 / proposed Lot 16 and Lot 17) is located on a 7735m2 site which contains two large industrial buildings with a central carpark.  The northern building comprises industrial sheds whilst the southern building was approved by Court Order in 2001 (Appeal No 3539/2000) for a bowling alley and one industrial unit. The bowling alley (Noosa Ten Pin Bowling and laser tag) that previously operated on the site have recently ceased operation.
The subject site (Lot 16) comprises the tenancy that was approved as part of the bowling alley. The western portion of the southern building was recently being subdivided into four industrial tenancies, approved as a GIA (131999.983083.2). It is noted by the applicant that the owner of the site is now in the process of subdividing existing Lot 16 into two tenancies in accordance with the proposal plans.
The existing buildings on site are of masonry construction with roller door access and a central carparking area.  The entire development supports a range of industrial uses.
Surrounding Land Uses
The subject site is located within an industrial estate, and is surrounded by industrial lots to the north, east and south east. The lots along Bartlett Road and the western side of Rene Street are within the Low Impact Industry zone, whilst the lots to the west of Rene Street are within the Medium Impact Industry zone.
The subject site adjoins residential properties to the west and south (refer to Figure 9). These residential lots include a 20m ‘environmental’ easement conditioned to ensure adequate screening vegetation was located between the residential and industrial uses.

Figure 9: zoning in proximity to the subject 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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Impact Industry Zone Code;
Noosaville Local Plan Code;
Industry Activities Code; and
Works Codes.
The subject site is located in Noosaville and is zoned Low Impact Industry. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The proposal is within an existing industrial building and is not proposing any changes to the external built form.
The pertinent issues arising out of the assessment are discussed below.
Carparking
The original Court Order for the Bowling Alley detailed a requirement for a total of 78 spaces to be provided on site, based upon:
1667m2 existing industrial premises - 1 space per 50m2 = 33.34 spaces
198.6m2 additional industrial premises – 1 space per 50m2 = 4 spaces
1269m2 bowling alley = 40.6 spaces
Under the GIA (131999.983083.2) issued in 2019 for the conversion of the western portion of the bowling alley tenancy from Lazer Tag to industrial tenancies, it was noted that the changes to the site would result in a 44.3% reduction of bowling alley use area. This GIA resulted in the new industrial tenancies maintaining 18 car spaces, with the remaining bowling alley maintaining a minimum of 22.6 car spaces. As such, the subject site (proposed Lots 16 and 17) currently provides 22 car parks on site.
Performance Outcome PO6 of the Driveways and Parking Code requires the following parking to be provided for a Warehouse:
Carparking
one space per 50m² up to 500m²; and
one space per 100m² in excess of 500m².
Motor cycle spaces
one space per 100m² or part thereof of use area; and
for Industry activities a maximum eight spaces provided.
The subject site, at a total GFA of 1095m2 is therefore required to provide 15.95 carparks and 8 motor cycle spaces on site. Given the existing development provides for a total of 22 carparks, the proposal is considered to comply with PO6, as sufficient parking has been provided for the type and intensity of uses on site and will accommodate the number and type of vehicles and motorcycles likely to be generated by the development.
It is noted that under Noosa Plan 2020, the site as a whole (including the changes proposed under this application) would require 58.1 carparking spaces and 8 motorbike spaces to be provided on site, based on the following uses and requirements under the Driveways and Parking Code:
3362m2 industrial premises = 38.6 spaces required; and
370m2 indoor sport and recreation (dance school) = 18.5 spaces required; and
50m2 Ancillary dwelling = 1 space required.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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 MCU20/0130 for a Material Change of Use for a Warehouse situated at 11/11 Bartlett Rd Noosaville Qld 4566 and described as Lot 16 SP 290687, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0130
Street address:	11/11 Bartlett Road, Noosaville Qld 4566
Real property description:	Lot 16 on SP290687
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for a Material Change of Use - Warehouse
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager 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
A102	A04	Existing Site Plan, prepared by Collins Building Designs	07.09.2020
A103	A04	Proposed Site Plan, prepared by Collins Building Designs	07.09.2020
A104	A04	Existing and Proposed Floor Plans, prepared by Collins Building Designs	07.09.2020
A105	A04	Typical Bathroom & Kitchenette Details, prepared by Collins Building Designs	07.09.2020
A106	A04	Typical Front Façade Details, prepared by Collins Building Designs	07.09.2020
A201	A04	Shed 17 Proposed Floor Plan, prepared by Collins Building Designs	07.09.2020
A202	A04	Shed 17 Proposed Mezzanene Section, prepared by Collins Building Designs	07.09.2020
Page A1	NA	WAREHOUSE – Overall Proposed Plan, prepared by Clo Studios	12 Nov 2020
Page A2	NA	WAREHOUSE – Overall Lower Level Plan, prepared by Clo Studios	12 Nov 2020
Page A3	NA	WAREHOUSE – Mezzanine Plan, prepared by Clo Studios	12 Nov 2020
Page A4	NA	WAREHOUSE – Mezzanine Section, prepared by Clo Studios	12 Nov 2020
Nature and Extent of Approved Use
Any retail sale of goods and/or administration uses must remain an ancillary component to the approved Warehouse use.
The combined gross floor area (GFA) of any retail and administration components must not exceed 40% of the total GFA of the tenancy, with either individual component not exceeding 30% of the GFA of the tenancy.
The approved Warehouse tenancies must not be used as a self-storage facility.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 28 January 2027, unless an application to extend the currency period is approved by Council.
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
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
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	All building work.
submissions
Not applicable.
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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