Council Planning Report MCU16/0098

MCU16/0098 & OPW16/0183 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR INDUSTRIAL BUSINESS TYPE 2 - NOOSA CHOCOLATE FACTORY, ANCILLARY CAFE & DWELLING UNIT AND OPERATIONAL WORKS AT 21 VENTURE DRIVE, NOOSAVILLE
Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / MCU16/0098 & OPW16/0183

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Building Suncoast Green
Proposal	Development Permit for Material Change of Use of Premises - Industrial Business Type 2, Entertainment & Dining Business Type 1 and Ancillary dwelling unit & Operational Works for stormwater, landscaping & access.
Properly Made Date	6 September 2016
Decision Due Date	17 November 2016
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	21 Venture Drive, Noosaville
RP Description	Lot 9 SP 216079
Land Area	1663m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazards Overlay – Low Potential Acid Sulfate Soils
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 8 November 2016 regarding Application No. MCU16/0098 & OPW16/0183 for a Development Permit for Material Change of Use for Industrial Business Type 2 – Noosa Chocolate Factory, Entertainment and Dining Business Type 1 – Food & Beverage, Ancillary Dwelling Unit and Development Permit for Operational Works for Stormwater, Landscaping, excavation/fill and access situated at 21 Venture Drive, 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.
Plan No.	Rev.	Plan/Document Name	Date
Sheet 01 of 11	Q	Site/Floor Plan, prepared by Building Suncoast Green	11.09.16
Sheet 02 of 11	Q	Mezzanine Floor Plan, prepared by Building Suncoast Green	11.09.16
Sheet 03 of 11	Q	Elevations, prepared by Building Suncoast Green	11.09.16
Sheet 04 of 11	Q	Café Layout, prepared by Building Suncoast Green	11.09.16
Sheet 05 of 11	Q	Section, prepared by Building Suncoast Green	11.09.16
Sheet 10 of 11	Q	3D View, prepared by Building Suncoast Green	11.09.16
Nature and Extent of Approved Use
The Industrial Business Type 2 may operate 24 hours.
The Entertainment and Dining Business must not operate outside the hours of 6am to 10pm.
The outdoor dining area must not exceed 20m2.
Any display and retail sale of goods must remain an ancillary component to the approved use and must not exceed 20% of the gross floor area.
Building Height
The maximum height of the development must not exceed 10 metres above the finished ground level and the natural ground level.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the pre-start meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Design
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages.
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.
ENGINEERING
A minimum of 18 car parking spaces and 4 motor cycle spaces must be provided on the site which includes 1 disabled space. One loading bay in addition to the 18 car spaces as indicated on the approved plans.
Eight (8) bicycle parking spaces must be provided on-site.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Any awnings and/or other structures in close proximity to the proposed loading zone must be designed to ensure no obstruction or impact on the functioning and the use of the loading zone.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site generally in accordance with the approved engineering plans causing scour or damage to the subject site or any adjoining property.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with the approved plans and Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines.
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.
ENVIRONMENTAL HEALTH
Noise
Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc. must be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the boundary of the site and not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR (Excludes On-Site Ancillary Dwelling Unit – Caretakers Unit)
PERIOD	Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
When requested by Noosa Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any non-vexatious complaint caused by noise emissions from operations at the premises. Such monitoring must be undertaken and completed within a reasonable and practicable timeframe as nominated by council and be performed by a suitably qualified and experienced person.
The NIAR must be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice.
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and reporting (eg. mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc ), a suitably qualified person is either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Outdoor Lighting Devices
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.
Certification must be submitted to Council from a qualified person which certifies that all outdoor lighting devices comply with the requirements of this Decision Notice at the time of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a qualified person is:
a Registered Professional Engineer of Queensland;
an environmental or electrical design consultant with a minimum of 3 years current experience in the field of outdoor lighting.
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
OPERATIONAL WORKS - OPW16/0183
PLANNING
Approved Plans
Development undertaken in accordance with this operational works 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
C001 Job No: SC-5734	A	Drawing Index and Standard Notes,  prepared by Empire Engineering	18/08/2016
C020 Job No: SC-5734	A	Siteworks and Drainage Plan,  prepared by Empire Engineering	18/08/2016
C025 Job No: SC-5734	A	Siteworks and Drainage Sections and Details,  prepared by Empire Engineering	18/08/2016
C030 Job No: SC-5734	A	Pavement Plan,  prepared by Empire Engineering	18/08/2016
C040 Job No: SC-5734	A	Sign and Linemarking Plan,  prepared by Empire Engineering	18/08/2016
Sheet 07 of 09	Q	Part 1 Landscape Plan, prepared by Building Suncoast Green	11.09.16
Sheet 08 of 09	Q	Part 2 Landscape Plan, prepared by Building Suncoast Green	11.09.16
Sheet 09 of 09	Q	Landscape Details, prepared by Building Suncoast Green	11.09.16
LANDSCAPING WORKS
The low wall and screening trellis near the corner of Venture Drive and the unnamed Road must be setback in accordance with the approved Landscape Plans.
All landscape works must be constructed and undertaken generally in accordance with the approved plans and conditions detailed in this Decision Notice.
Turfed areas within the Venture Drive and the unnamed road reserves must:
Join smoothly and level with adjoining surfaces.
Be free of disease, pest, weeds, rock and debris.
Landscape works must:
Take all measures to prevent Fire Ants (or any stages of the fire ant life cycle) entering the work site.
Take all measures to prevent Myrtle Rust infection.
Not obstruct overland flow paths and must include adequate drainage to minimise ponding. Mulch or any floatable material must not be located in swales, overland flow paths or around grated drains.
Not encroach onto kerb and channel, footpaths, pedestrian or vehicular/ circulation areas.
Not restrict access to service meters.
Delineate all garden to grassed area interfaces with a hard edge.
Ensure sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure all weeds and debris are removed from planting areas prior to planting.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil / sediment contamination and is applied to ensure a minimum 100mm depth once settled.
Soil provided for landscaping must provide for the site specific vegetation performance objectives.
All landscape works must be completed prior to the commencement of use.
ENGINEERING
Prior to Commencement of Works
At least 5 working days prior to any works commencing, written advice must be provided to Council detailing:
The name, contact details and ACN for the supervising Registered Professional Engineer of Queensland (RPEQ) and Principal Contractor.
Proposed dates for commencement and completion of construction.
The principal contractor must have all the appropriate insurance and public liability documentation to carry out the works. The principal contractor is also responsible to ensure that any subcontractors also have the appropriate insurance and public liability documentation. Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart meeting*. The contact number to arrange a prestart meeting is 5329 6244. The prestart meeting must include the relevant parties for the following aspects of the works:
Civil engineering works.
Landscape works.
Erosion and sediment control works.
* (Refer to Advisory Note)
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “prestart” meeting.
A detailed condition report including photographs of all frontages of the site must be completed and submitted to Council prior to the prestart meeting.
A condition report including photographs of all fences and retaining walls bordering the site and any buildings, structures, pathways, landscaping features etc on adjoining properties that could potentially be impacted on by the proposed earthworks and construction works must be completed and submitted to Council prior to the prestart meeting.
A Construction Management Plan must be submitted to Council for approval prior to the prestart meeting and must specifically include/address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures to be installed prior to construction.
Fencing to the work site during the construction phase to ensure the safety of the public and the road users.
Maintenance of safe pedestrians and cyclists access across the frontage of the site both during daily construction and after daily construction has ceased.
Sufficient parking arrangements for trucks, machineries and construction workers without adversely impacting on traffic flow and/or the availability of on-street parking in the local street.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
Works programme identifying key components of the works and their respective durations.
The proposed dates for the commencement and the completion of the works.
Effective procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission.
Establishment of a communication protocol with the adjoining owners and any other affected parties to advise of construction times, impacts on traffic and services and any other relevant issues.
Identification of communication and complaint management procedures including:
Contact details for the on-site manager.
Dispute resolution procedures.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any alteration to existing services or conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
General
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines, particularly PSP 5 – Engineering Design Standards – Roads, Drainage and Earthworks.
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site.
Driveways
Driveway crossovers must be designed and constructed generally in accordance with the approved plans and in accordance with IPWEA standard drawing RS- 051 and must have levels and grades match the levels and the grades of the existing concrete footpath without posing trip hazard.
The following must be complied with during the construction of the required crossovers/driveways:
The driveway width must not exceed 6m at the front boundary line and 13m at the kerb line.
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete and must have a slip resistant surface.
The driveway must be constructed so as not to concentrate stormwater runoff or ponding onto other properties and/or the road verge.
For public safety, the finish levels of crossover must ensure smooth transition to existing surfaces such as the road grassed verge and existing concrete pathway.
Where applicable, underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway works.
Have a minimum clearance of 1.0m from any existing power poles, streetlights or other signage.
Have a minimum clearance of 500mm from any Unitywater/Telstra asset, unless a written approval is obtained from Unitywater/Telstra and submitted to Council.
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards and be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard and relevant sections of AS1428 Design for access and mobility.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve and Reinstatement Works
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
Where required, any reinstated road pavement must be in accordance with IPWEA standard drawing RS-170 with road pavement resurfacing to consist of a minimum depth of 50mm of an approved hot mixed asphaltic concrete.
Earthworks
All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical supervision and testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B.
All Earthworks and construction works must be carried out taking into consideration the protection of any existing above and below surface services, and the stability and protection of fences and any buildings and structures on the adjoining properties.
Stormwater Drainage
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties including road and public footpath by blocking or interfering with overland flow path.
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards * (Refer to Advisory Note).
The applicant must ensure non essential exposure of soil is prevented by restricting the extent of clearing and minimising the duration of soil exposure to adverse weather conditions and effectively turf or stabilise any cleared area without delay and prior to rainfall occurring.
The applicant must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site.
Prior to the completion of the development and commencement of use, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
Any damage caused to existing services, streetscape and assets (including kerb and footpath) as a result of the development works must be repaired at no cost to the asset owner at the following times:
Where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
Where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work and prior to the final inspection a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit and applicable engineering standards.
A final inspection and approval of the completed works by Council’s Inspector is required.  Please contact Council on 5329 6244 to arrange for the inspection
B.	Find that the café is ancillary and complementary to the primary industrial use on-site and will not cause any reverse amenity issues and therefore is sufficient grounds to justify the decision despite the conflict with the Planning Scheme.

REPORT
PROPOSAL
The application seeks approval for Industrial Business Type 2 being for the Noosa Chocolate Factory, ancillary café and an Ancillary Dwelling Unit.
The total Gross Floor Area of the building and the outdoor dining area is 743m² which includes:
655m² (including mezzanine) for the industrial business
40m² Café area (with more than 10 chairs)
28m² for the Ancillary Dwelling Unit
20m² of outdoor dining
The applicant seeks the following operating hours:
24 hours, 7 days per week for manufacturing and processing
6am to 10pm for the café and retail sales.
The industrial business consists of the manufacturing and processing of chocolate, product sales, and office and staff room. The intent of the café is to provide an opportunity for customers to view the chocolate manufacturing process, taste and enjoy a light meal served with coffee and chocolate on the premises. The Ancillary Dwelling Unit is for 1 staff member/partner to care take the site.
External materials consist of painted tilt panel construction with glazing and decorative screening devices to the upper level facing the corner. A covered outdoor dining area in a garden setting faces Venture Drive. The proposal provides 18 car spaces and 4 motor cycle spaces to the rear of the building accessed from a currently unnamed stub road and deliveries and some staff parking accessed from Venture Drive. Figures 1 and 2 provide 3D views of the proposal.

Figure 1 – View from the east along the unnamed road.

Figure 2 – View from Venture Drive.
The applicant offers the following to describe their business and intent:
The clients own and operate Noosa Chocolate Factory which currently operates from Project Avenue Noosaville. The business was established here in 2009.The family run operation has gone from success to success in recent years with expansion into the international market and several retail outlets in Brisbane CBD.
It is the client’s intention to develop a new industrial premises on the subject (site) allowing them to expand and continue their manufacturing and dispatch operations. With the inclusion of a café and retail component they will be able to make their products available to the public in Noosa for the first time. Currently, the products are unavailable to the public as their existing premises are too small to cope with the demand. As such, the success of this proposal will realise their long time desire to make their products readily available to the public on the Sunshine Coast.
The application is before Council as the Entertainment and Dining Business Type 1 use (café with more than 10 seats) is an inconsistent use in the Industry zone.
site details
Site Description
The site is a corner lot which has a slight slope from the south to north with no existing vegetation.
Figure 3 below shows the site’s location.

Figure 3 – Locality Plan
Surrounding Land Uses
The site is within a new subdivision located between Gateway and Venture Drives that has provided a vehicle link between the previously disconnected industrial precincts. The site is near the small industrial tenancies of Gateway Drive and the Project Avenue industrial area. Currently there is no development directly adjoining the site. A small tenancy industrial development has recently been approved nearby on the corner of Gateway and Venture Drive.
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;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place 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
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions
Statutory Instruments – Planning Scheme
Locality Provisions
The Industrial Business Type 2 (chocolate factory) and the Ancillary Dwelling Unit components are consistent uses in the zone and would require a Code Assessable application process. The Entertainment and Dining Business being the proposed café with more than 10 seats is an inconsistent use in the Industry zone and required to follow an impact assessable application process.
The Noosaville Locality Code is most relevant and provides the following overall Outcomes for new uses:
Overall Outcome 11.8.2 reads
11.8.2 	The overall outcomes sought for the Noosaville Locality are the following—
a)	New uses and works are located, designed and managed to—
i	be compatible with other uses and works;
ii	maintain the safety of people and works;
iii 	avoid significant adverse impacts on the amenity enjoyed by users of other premises, including acoustic and visual qualities; and…
vi	provides important industries and service-related businesses to the whole of Noosa, but particularly the coastal area and the north-east area of the former Maroochy Shire
AND
The following Specific Outcome for the Industry zone is also relevant:
Specific Outcome O188

O188	Uses are predominantly of an industrial nature ordinarily expected in an industrial estate with ancillary uses compatible with industrial businesses
The Noosa Chocolate Factory wishes to provide a whole chocolate experience for customers, which includes the viewing of the manufacturing process (through a glass wall) and tasting the product combined with a light meal and or coffee. The café is an integral part of this contemporary business model that is not currently offered or been approved in the Shire.  It is important to note the café is not proposed as a stand alone use but is intended to be ancillary to the primary industrial use of the site, being chocolate manufacturing and distribution. The larger purpose built premises will also allow for sales growth to service the Noosa Shire and for expansion to other markets.
The 40m² café use area includes a 20m² outdoor dining area in a garden setting generally screened from the street frontages. The corner location provides good separation from adjoining future uses and the nearby uses in Gateway and Venture Drives. The proposed car park and building provides a buffer to the adjoining undeveloped industrial land located to the rear of the lot. There are generally small scale industrial uses within the surrounding area which are considered compatible with the proposal. It is also considered that sufficient separation is provided between surrounding industrial uses to mitigate any potential reverse amenity issues.
The 40m² retail sales component complies with the Planning Scheme which allows a maximum of 20% of the floor area for the retail sales of the goods manufactured on-site.
Hours of operation
The applicant seeks 24 hour operation for the manufacturing and distribution components of business and 6am to 10pm for the café and retail components. The applicant advises the operating hours provided ‘are not expected to be the immediate hours of operation. Details have been provided so as to allow for the prospect of future growth in the business and in-turn the possibility to exercise these time/ day allowances.’
Chocolate making does not generate noise emissions that would not be reasonably expected in an industrial area. The requested hours raise no concern and conditions are recommended that ensure the relevant noise criteria for a commercial area are complied with.
Ancillary Dwelling Unit
The 28m² Ancillary Dwelling Unit is basic accommodation but has natural light from north facing glazing, is the only residential use on-site and is subordinate to the industrial use and complies with the provisions of the Code.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Landscaping Code
Engineering Works Codes
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Landscaped open space Landscaping Setbacks	249m²  = 15% min 6m to building 2m to uncovered carparking	323m²  = 9.3% 6m – 10m 2.85m 0 to a small area on Venture Drive	X
Building height storeys metres	2 storeys max 10 metres	2 storeys 7.7metres	
Boundary setbacks Frontage – Venture Drive Frontage – Unnamed Road Southern side Western Side	6 metres min 4.5 metres min 0 metres min 0 metres min	8m – 9.6 metres 6 metres 17 metres 0metres	
Carparking (use area m²) Industrial Business (655m² including mezzanine) Café & outdoor dining (40m²) Ancillary Dwelling Unit	14 4 1 Total req.18	14 4 1 18 plus 4 motor cycle spaces	
Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	7 bicycle spaces 1 locker per 2 bicycle spaces and; 1 shower cubicle with ancillary change room per 10 bicycle spaces	0 bicycle spaces 0 locker/s 1 shower cubicles	X X
Landscaping
The proposal is providing good landscape setbacks except for a small area to the west of the Venture Drive vehicle access where no landscaping is proposed between the boundary and a staff car space. Given the proposal is providing landscaping well in excess (74m² excess) than that required by the Code, with the majority being to the street frontages, the small non-compliance raises no concern.
No bicycle parking or lockers are indicated on the plans. A condition is recommended to ensure bicycle parking is installed in accordance with the code requirements.
Engineering
It is proposed that delivery trucks reverse onto the site which is common practice throughout the industrial areas and generally does not raise significant concern. The applicant has demonstrated compliance to the relevant codes and does not raise any other concerns.
cONSULTATION
Referrals
The application was forwarded to the following internal Council specialists:
Engineering Officer
Waste Officer
Environment Officer
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. No submissions were received.
conclusion
The manufacturing, distribution and retail sales of chocolate, and the Ancillary Dwelling Unit components of the proposal are consistent uses within the zone but the café is inconsistent and the Planning Scheme does not provide any real support for the use in the zone. However, the café is not a stand alone use but is an integral component to the unique business model Noosa Chocolate Factory seeks to establish. The café is small scale and considered ancillary to the primary industrial use on-site with sufficient separation from other nearby uses so as not to raise any adverse impacts or reverse amenity issues. As a whole, the Noosa Chocolate Factory is considered compatible with the surrounding industrial uses.
Despite the conflict with The Noosa Plan, the café is ancillary and complementary to the primary industrial use on-site and will not cause any reverse amenity issues and therefore is sufficient grounds to justify the decision despite the conflict with the Planning Scheme.
The Noosa Chocolate Factory incorporating the manufacturing, distribution and retail sales of chocolate, café and Ancillary Dwelling Unit does not raise any other significant planning concerns and is recommended for approval, subject to conditions.
Departments/Sections Consulted:
	Chief Executive Officer	X	Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	X	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance		Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	8 NOVEMBER 2016

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	8 NOVEMBER 2016