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L05 Reps to NC

Attached to the e-mail Suspend appeal and representations - MCU17/0546.

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Council’s Reference:      MCU17/0546
Our Reference:            02281 L05 NG
Our Contact:              Nadine Gorton




6th June 2018




Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565

ATTENTION: LISA PIENAAR – DEVELOPMENT ASSESSMENT


Dear Sir,

RE:      SUSPEND THE APPLICANT’S APPEAL PERIOD AND REPRESENTATIONS
Development Application MCU17/0546 for Home Based Business Type 3 Significant Scale Steel
Fabrication over land described as Lot 13 on SP116696 and situated at 54 Boronia Rd,
Cootharaba

We refer to Council’s Decision Notice dated 18th may 2018 in relation to the above development application.

In accordance with the Planning Act 2016, we wish to suspend the applicant’s appeal period in order to make
change representations in response to Council’s conditions. Specifically the applicant seeks amendment to
condition 20 which states:

20. All cutting equipment must be kept at the northern end of the building and have a (floor to ceiling)
wall separation from the construction area of the building.

Representation to condition 20: The applicant seeks deletion of condition 20 as the condition is considered
to be an unreasonable imposition on the use and is not reasonably required as detailed below:

     •    The noise report submitted as part of the application clearly detailed that the operations on site are
          less than the ambient noise levels at the eastern boundary (closest boundary) and western boundary
          and comply with the requirements of the Noosa Plan;

     •    The noise report details that as the operations comply with noise criteria at the closest boundaries
          that no further noise control measures are required (provided a shipping container remains in place);

     •    The noise report confirms that the new equipment installed is much quieter than the existing
          equipment and will reduce any potential noise impact;

     •    Councils planning report of 8th May 2018 confirms that the Noise report is satisfactory as detailed by
          the extract below:

                Council’s Environmental Health Coordinator reviewed the original and the updated noise report
                and conducted a site inspection during business operations. It was agreed that the noise report
                is satisfactory in its assessment and recommendations.

     •    Hours of operation have been imposed with reduced operating hours accepted by the applicant;

     •    There does not appear to be any technical reason for the imposition of the condition as evidenced by
          the submitted noise report and Council staff comments;
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   Page 2                                                                                   June 6, 2018

    •    The requirement for a wall will unreasonably restrict the operation of the business. The business
         constructs custom built trailers and requires an area that can cope with the 9 to 10 metre lengths of
         steel required as the maximum length of the trailer chassis is 9 metres which is required to be a
         continuous length for structural reasons. A separate cutting room would require significant additional
         floor area to cater for the manoeuvering of the cut lengths to the assembly area which is not feasible
         in the current building.


         The photograph below illustrates the length of materials and the metal cutting saw.




The applicant therefore requests condition 20 to be deleted.

If you have any queries please do not hesitate to contact me.


Yours faithfully,




Nadine Gorton
Senior Planner
martoo consulting pty ltd

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