Delegated Report - Code - Planning MCU20 0091 · MCU20/0091

Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0091
Applicant	Permaculture Noosa INC
Proposal	Material Change of Use - Community use
Properly Made Date	4 September 2020
Information Request Date	N/A
Information Response Date	N/A
Decision Due Date	10 November 2020
Report Completed Date	10 November 2020
Report Reviewed By	10 November 2020
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	Badminton Hall 26 Emerald St Cooroy Qld 4563
RP Description	Lot 234 MCH 4082
Land Area	28,053m²
Existing Use of Land	Community purposes including Badminton Hall, Cooroy Community Permaculture gardens, State Emergency Service Building

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Cooroy
Zone	Community Facilities – Community Use
Overlays	Biodiversity, Waterways and Wetlands Flood Hazard Landslide Hazard
Assessment Type	Code
PROPOSAL
Permaculture Noosa Incorporated seek approval for a Material Change of Use - Community use on the site adjacent to the existing Cooroy Community Permaculture Gardens. The not for profit organisation seeks approval for the construction of a new shelter on the site comprising a lockable kitchenette, office and storage area and open covered space. The new shelter seeks to :
provide a community hub for locals when they visit our community gardens;
provide an all weather shelter to run educational workshops and demonstrations for our members and the broader community;
provide amenities for our volunteers who work regularly to maintain the community
gardens.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations

Figure 5 – Rendering of new shelter

site details
Background
A number of community uses exist on the site including the Cooroy Community Gardens which are operated under the management of Permaculture Noosa.
Site Description
Permaculture Noosa Inc. occupies a lease area of 3271m2 located in the south-eastern corner of  Lot 234 on MCH 4082 which is to be known as ‘the site’. The site comprises a relatively level area which gently slopes from the rear boundary to the internal roadway. The site is currently grassed and contains a number of garden beds and fruit trees.
Surrounding Land Uses
Lot 234 on MCH4082 currently contains two community buildings with the Cooroy Badminton Club located to the west of the site and the SES directly to the north of the subject. Single storied duplex dwellings are located along the eastern and southern boundaries 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:
Cooroy Local Plan Code
Community Facilities Zone Code
Community Activities Code
Works Code
The subject site is located in the Cooroy Local Plan Area and is zoned Community Facilities. 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 pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Gross floor area	1000 m² max	Approx. 38 m²	
Site cover	50% max	Proposal 0.5% Total for the site 3.86%	
Building height storeys metres	2 storeys max 8 metres	1 storeys 3 metres	
Boundary setbacks Frontage Side Rear	6 metres min 3 metres min 3 metres min	21 metres 10.6 metres 16.5 metres	
Length of wall	15 metres max	9.1 metres	
Carparking;  1 space/20m2 GFA Motorcycle: 1 space/ 100m2 use area	1 uncovered min 1 space	70 spaces	
Lockable storage space	1 lockable storage space of 4m2 provided for each rooms or area that can be hired out.	Complies	
Amenity and safety	Where adjoining a residential zone, a 1.8m high solid acoustic screen fence and 2m wide landscaping strip provided to common site boundaries. Communal open spaces can been seen from a street, windows or public space	This is discussed below.	X
The proposal is consistent with the relevant outcomes of the Cooroy Local Plan Code and the Community Facilities Zone Code and provides a shelter associated with a community use (community gardens) on the site.
Fencing
AO29 of the Community Facilities zone details:
Where adjoining land in a residential zone or a sensitive land use:
a minimum 1.8 metre high solid acoustic screen fence and a 2 metre wide landscape strip is provided along the full length of all common site boundaries; and
intrusive or noise generating outdoor activities are located and orientated away from sensitive land uses
The rear boundary includes a mix of fencing including a low timber fence along 19 Garnet Street. Whilst the new shelter is located well away from the rear boundary. The use has been operating for more than 7 years without any complaints it is considered not warranted to require an acoustic fence. A general noise condition is included to ensure that noise is management appropriately.
Carparking
No additional carparking is proposed on site with all the community uses utilising common parking around the central access driveway. It is estimated that 70 carparking spaces are currently provided on site.
There are a number of existing uses that utilise the carparking area including:
Badminton Club: lease area of 627m2
SES building: approx. GFA of   312m2
Cooroy – Noosa Genealogical and Historical Research Group Inc: approx GFA of 236m2
New permaculture shed: proposed GFA 38m²
Based on the above approximate areas, the site (and the adjoining Noosa Genealogical Group) provides a total Gross Floor Area of around 1213m². Based on carparking requirements of 1 space per 20m² for Community Uses a total of 61 spaces is required for all the development on site. The existing carparking area of 70 spaces is therefore considered sufficient for the proposed permaculture shelter. It should also be noted that the badminton use and the genealogical use often operate at different times with variable parking peak times.
Biodiversity
The subject site is mapped as being included in the Riparian Buffer Area. The subject site and proposal are considered to meet the Outcomes of the Code as the proposed shelter:
is located well away from the watercourse
does not require clearing of any vegetation
is located in an existing cleared area
maintains existing ecological linkages
is separated from ecological areas by the existing carpark and badminton building
has a limited footprint
will be able to maintain water quality
does not impact on existing wildlife or vegetation corridors.

AO 6.2 of the Code details that development is to provide for the rehabilitation of land within a riparian buffer area. A condition is therefore recommended to be included as part of the approval requiring revegetation of the creek corridor on site in consultation with a Council delegate.
cONSULTATION
Referrals
The application was forwarded to the following internal Council officers:
Technical Officer – Natural Areas
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 MCU20/0091 for a Material Change of Use - Community use situated at Badminton Hall 26 Emerald St Cooroy Qld 4563 and described as Lot 234 MCH 4082, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0091
Street address:	Badminton Hall 26 Emerald St Cooroy Qld 4563
Real property description:	Lot 234 MCH 4082
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Community use (Permaculture shelter)
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
DD01	E	Site Plan, prepared by Ecolibrium	17-09-2020
DD02	E	Ground Floor, prepared by Ecolibrium	17-09-2020
DD03	E	Elevations, prepared by Ecolibrium	17-09-2020
DD04	E	Sections, prepared by Ecolibrium	17-09-2020
DD05	E	3D Views, prepared by Ecolibrium	17-09-2020
Amenity
The approved use 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, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Outdoor Lighting Devices
23.	Any lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.
Rehabilitation
The applicant must undertake 100m² of rehabilitation works along the creek bank. The area for rehabilitation must be identified in consultation with Council (Natural Areas Officer) and in accordance with Planning Scheme Policy PSP 2 - Landscaping. A rehabilitation plan must be prepared and submitted to Council for approval prior to the use commencing and must detail timeframes, plant schedule and density for the proposed works.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 10 November 2026, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed that indicated on the approved plans.
Stormwater
The building must be provided with a stormwater drainage system connecting to a lawful point of discharge.
Engineering
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP6 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.
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:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
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.
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	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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