Development Application For A Material Change Of Use For Animal Husbandry Type 1 (Aquaculture) At 15 Production St, Noosaville (MCU14/0096)

DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR ANIMAL HUSBANDRY TYPE 1 (AQUACULTURE) AT 15 PRODUCTION ST, NOOSAVILLE (MCU14/0096)

Document information

Author	Development Planner, Jack Lewis
Planning & Infrastructure Department

Index	ECM / Application / MCU14/0096

Attachments	1.	Locality Plan
2.	Proposal Plans

APPLICATION DETAILS
Applicant	Oceanic Technologies Pty Ltd
Proposal	Development Permit for Material Change of Use – Animal Husbandry Type 1 (Aquaculture)
Properly Made Date	19/12/2014
Notification Period	29/04/2015 – 19/05/2015
Decision Due Date	07/07/2015
Number of Submissions	1 Properly Made Submission

PROPERTY DETAILS
Property Address	Lots 0, 3 & 4/15 Production Street, Noosaville
RP Description	Lots 0, 3 & 4 SP184294
Land Area	571m2
Existing Use of Land	Industrial Units

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazards (Potential Acid Sulfates and Bushfire)
Assessment Type	Impact

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 23 June 2015 regarding Application No. MCU14/0096 for a Development Permit for Animal Husbandry Type 1 (Aquaculture) situated at 0, 3 & 4/15 Production Street, Noosaville 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.
Drawing No.	Plan/Document Name	Date
1	Site Plan	8-3-2015
2	Floor Plan	8-3-2015
3	Floor Plan	8-3-2015
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
All waste water should be disposed to sewer in accordance with requirements of Unitywater.
Amenity
The development must not create detrimental impacts on the amenity of the area due to the creation of excessive noise, odour nuisance or other emissions.
The development shall incorporate suitable mechanical ventilation, filtration systems or the like to manage the risk of ingress airborne pollutants from any surrounding industrial uses.
Advisory Notes
Acoustic Advice & Design
It is highly recommended that the developer seek the advice and design input of a qualified acoustic consultant at the plan development stage to ensure the development does not cause a noise nuisance under the Environmental Protection Act 1994 or this Decision Notice. Attention should be given to the following (but not limited to):
building design and construction.
design, selection and installation of fixed plant and equipment.
the location of air conditioning and heating units, refrigeration plant, pumps, mechanical exhausts and plant rooms etc.
the use of acoustic enclosures/screens around noisy plant and equipment.
operating times.
Environmental Protection
The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment.
In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
B.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
1.	The aquaculture use is similar in nature to an industrial processing operation and appropriately located within an existing industrial premise.
2.	The development will not negatively impact on the existing businesses in the area.

REPORT
PROPOSAL
The application seeks approval for a Development Permit for a Material Change of Use for Aquaculture (Animal Husbandry Type 1 – Traditional). The use is proposed within 2 existing industrial units situated at 15 Production Street, Noosaville.

The proposal involves the internal fit-out of the existing 571m2 industrial units with various sized tanks and filtration equipment. No external building works are proposed apart from the storage of 2 tanks adjacent to the shed. The proposed aquaculture business includes:
Growing Giant Grouper, Barramundi, Flowery Cod and Cobia for live delivery to market. When fully operational it is expected to produce approximately 60 tonnes per annum.
Using a recirculated aquaculture system of 8 x 40,000L grow tanks, associated filtrations equipment and 2 x 22,500ltr seawater and waste water tanks located within common property adjacent to the industrial units.
Wastewater discharges to the sewerage system. Approval has been obtained from Unity Water to discharge waste water.
The locality and proposal plans are included as Attachments 1 & 2. The application is before Council because Agricultural uses are inconsistent within the Industry zone.
site details
The site includes 4 attached industrial units constructed in 2003. Access to the site is via a shared driveway along the northern side of the industrial units. Tenancy 2 contains ‘Noosa Spanner Crabs’ and is the only industrial unit currently occupied within the complex.

The site adjoins similar industrial lots to the south and north. To the east of the site is Precinct E4 (Employment – Industry & Business) of the Shire Business Centre.
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 Planning Scheme for the local government area.
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 proposal is consistent with the regional policies of the SEQ Regional Plan.
Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Industry. The proposed use is identified as an inconsistent use within the zone and is required to follow an impact assessable application process.
Locality Provisions
The Overall Outcomes of the Noosaville Industry zone seek for new uses to be compatible with surrounding development, with land in this zone generally reserved for industrial uses to the exclusion of incompatible uses including residential, community and office type businesses.
The proposed aquaculture business does not require the use of expansive dams like other aquaculture businesses found generally within the rural areas of Noosa. Rather, the proposed development is generally confined to the use of large holding tanks within an existing industrial building. As a result, the use is akin to an industrial processing business, with the impacts contained and there is no visible evidence of the aquaculture tanks from the street.
The development does not impact on the surrounding water quality, and will have similar waste and traffic impacts compared to other surrounding industrial businesses found within the locality.
Land Use, Works & Overlay Provisions
The following codes which regulate land use and design are most applicable to this application:
Agricultural Uses Code
Business Uses Code
Engineering Works Codes
Natural Hazards Overlay Code
The application has been assessed against each of the above applicable codes and generally complies with each, with further discussion provided below.
Agricultural Uses Code
The Probable Solutions of the Agricultural Uses Code details minimum lot sizes and setbacks for aquaculture ponds, however these solutions generally relate to open ponds in rural areas which adjoin residential uses. The proposed aquaculture business is contained within an existing industrial unit with minimal external impacts. The development is unlikely to cause significant adverse impacts on adjoining industrial uses and is consistent with the Outcomes of the code.
Business Uses Code
The applicant indicates that after the tanks and recirculation systems are installed, the aquaculture use is not going to be labour intensive, with generally two employees at the premises at any one time. There are 22 carparking spaces on the site, with 11 spaces credited to the subject tenancies. The proposed development includes sufficient carparking and driveway areas for small truck deliveries and pick up.
The use of the open areas adjacent to the sheds is within an existing concrete storage area and does not impact on any existing landscaping on the site. General conditions are recommended for appropriate on-site waste and chemical storage, and suitable mechanical ventilation, filtration systems or the like to manage the risk of ingress legitimate airborne pollutants from any surrounding industrial uses.
cONSULTATION
IDAS Referral Agencies
The application was referred to the State Agency Referral Agency for the following matters:
Concurrence
Department of Agriculture, Forestry and Fisheries
The Department is a concurrence agency for certain aquaculture. The Department responded on the 4 February 2015 with conditions to be attached to any development approval. The conditions include limits on species type, pond size and management of the aquaculture business.
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. One (1) properly made submission was received. The following table provides a summary and assessment of the issues raised by the submitter.

Issues	Comments
Appropriate conditions should be applied to any approval in relation to waste, storage of hazardous material and odour management so as not to impact on the adjacent land.	Conditions are recommended for appropriate waste and chemical storage, similar to adjacent industrial development approvals.
conclusion
The proposed Agriculture Use - Type 1 (Aquaculture) within an existing industrial unit in the Noosaville Industry zone is an inconsistent use within the zone, but does not raise any significant planning concerns.

The holding tanks for the proposed aquaculture business are contained within an existing industrial unit, and the development will have similar impacts to other industrial type businesses within the locality. The application is recommended for approval, with grounds identified to overcome the planning conflict included in the recommendation.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health	X	DA Planning
	Community Facilities	X	Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	23 JUNE 2015