MCU16/0133 & OPW16/0247 Development Application For Material Change Of Use For A Brewery, Tasting Area & Ancillary Dwelling Unit & Operational Works For Civil Works, Landscaping And Signage At 19 Venture Drive, Noosaville

MCU16/0133 & OPW16/0247 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A BREWERY, TASTING AREA & ANCILLARY DWELLING UNIT & OPERATIONALW WORKS FOR CIVIL WORKS, LANDSCAPING AND SIGNAGE AT 19 VENTURE DRIVE, NOOSAVILLE

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / MCU16/0133 & OPW16/0247

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 and Operational Works for Earthworks, Stormwater, Driveways, Parking, Erosion and Sediment Control,  Landscaping and Signage
Properly Made Date	27 October 2016
Information Request Date	24 November 2016
Information Response Date	30 November 2016
Decision Due Date	16 February 2017
Number of Submissions	Nil
PROPERTY DETAILS
Property Address	19 Venture Drive, Noosaville
RP Description	Lot 1 SP 216079
Land Area	1979m²
Existing Use of Land	Vacant
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Biodiversity Overlay Natural Hazards Overlay
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 7 February 2017 regarding Application No. MCU16/0133 & OPW16/0247 for a Development Permit for Material Change of Use for Industrial Business Type 2 and, Entertainment and Dining Business Type 1 – Food & Beverage and Ancillary Dwelling Unit and Development Permit for Operational Works for civil works, landscaping and signage situated at 19 Venture Drive, Noosaville and:
A.	Approve the application in accordance with the following conditions:
MATERIAL CHANGE OF USE
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
01 of 09	M	Ground /Site Floor Plan, prepared by Building Suncoast Green	29.11.16
02 of 09	M	Caretakers Floor Plan, prepared by Building Suncoast Green	29.11.16
05 of 09	M	Elevations, prepared by Building Suncoast Green	29.11.16
Nature and Extent of Approved Use
The Industrial Business Type 2 may operate 24 hours.
The Entertainment and Dining Business must be associated with the approved industrial use on site and must not operate outside the hours of 7am to 12 midnight.
Product release events must start after 5pm Monday to Friday and after 1pm on Saturday.
The ‘porous’ paved area located along the north elevation indicated on the approved site plan is not approved to be used as part of the Entertainment and Dining Business.
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 arranging 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.
Architectural feature trellis and window placement must be provided to the western elevation as shown on the approved plans.
The pergola facing Venture Drive must remain uncovered.
Bicycle Parking and End of Trip Facilities
The proposal must provide 10 bicycle spaces, 5 lockers and 1 shower cubicle.
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 27 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.
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.
All landscaping, awnings and other structures in close proximity to the proposed loading zone must be designed to ensure there is no obstruction or impact on the function and use of the loading zone.
For traffic and pedestrian safety in Venture Drive, trucks and deliveries vehicles reversing in or out of the loading zone to Venture Drive must be assisted by traffic control.
The applicant must provide a 2.0m wide concrete footpath along the frontage of the site to Vision Court which must extended to the northern boundary of the adjoining lot to the south.
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 without 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.
The street trees removed for the driveways construction (Venture Drive and Vision Court) must be replaced in a cluster of three as indicated on the approved plans. The replaced plants must have a minimum pot size of 45 litres and the same species of that removed.
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.
Air
Offensive odours, dust, smoke, fumes, particulates, or other contaminants likely to cause a nuisance must not be emitted beyond the boundaries of the premises.
Incineration or open burning is not permitted on the premises.
When requested by Council, an Air Quality Assessment Report (AQAR) characterising, monitoring and recording of nuisance emissions must be undertaken to investigate any complaint (other than a frivolous or vexatious complaint) caused by odours, dust, smoke, fumes, particulates or other contaminants from operations at the premises.
Such monitoring must be undertaken within a reasonable and practicable timeframe nominated by Council and be performed by a suitably qualified person in accordance with relevant guidelines and Standards.  The report must be submitted to Council detailing the results of such monitoring and recommendations for control measures to eliminate nuisance air emissions from the operation of the premises.
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 – CIVIL WORKS/LANDSCAPING
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
C001 Job No: SC-5928	B	Drawing Index and Standard Notes,  prepared by Empire Engineering	20/10/2016
C020 Job No: SC-5928	B	Siteworks and Drainage Plan,  prepared by Empire Engineering	20/10/2016
C025 Job No: SC-5928	B	Siteworks and Drainage Sections and Details Sheet  1,  prepared by Empire Engineering	20/10/2016
C026 Job No: SC-5928	B	Siteworks and Drainage Sections and Details Sheet  2,  prepared by Empire Engineering	20/10/2016
C030 Job No: SC-5928	B	Pavement  Plan, prepared by Empire Engineering	20/10/2016
C040 Job No: SC-5928	B	Sign and Linemarking Plan,  prepared by Empire Engineering	20/10/2016
Sheet 06 of 09	M	Landscape Plan Part 1, prepared by Building Suncoast Green	29.11.16
Sheet 07 of 09	M	Landscape Plan Part 2, prepared by Building Suncoast Green	29.11.16
Sheet 08 of 09	M	Landscape Plan Part 3, prepared by Building Suncoast Green	29.11.16
Sheet 09 of 09	M	Landscape Details, prepared by Building Suncoast Green	29.11.16
LANDSCAPING WORKS
The fence must be designed, located and constructed in accordance with the approved 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 Vision Court 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.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
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 6291. 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 existing condition report and photographs of all frontages of the site including existing footpath, kerb line and road pavement must be completed and submitted to Council prior to the prestart meeting.
A condition report including photographs of all existing 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 (eg pathway), 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 that match the levels, width (2m) and the grades of the existing concrete footpath without creating trip hazards.
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 9m 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 not less than 500mm from the lentil of existing stormwater drainage inlet pit.
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.
Pathway
A new 2.0m wide pathway must be constructed along the frontage of the site to Vision Court and extended to the northern boundary of the adjoining lot to the south  in accordance with the following requirements:
Be generally in accordance with the approved plans and in compliance with the higher order approval conditions and standard drawing IPWEAQ RS-065.
Footpath alignment must be amended where necessary to avoid conflict with any existing obstructions (eg electricity power pole).
All paths, driveways and uncovered parking areas must have a slip resistant surface.
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists.
The works must include any modifications to existing service covers to ensure the footpath finishes flush with all services and the like, so as not to create any pedestrian safety hazard.
For public safety, new pathway must terminate in a manner that ensures smooth transition to existing surfaces (eg grassed verge, existing adjoining pathway).
Be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility.
Construction hold point(s) with Council’s delegate must be established once the pathway is ready for concreting and/or as may be agreed to at the prestart meeting.
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 and/or 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.
Any existing kerb & channel and concrete footpath sections requiring removal due to the new works must be saw-cut and removed to allow for a smooth and neat finish with the new works.
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
Stormwater drainage for the site must be provided generally in accordance with the approved plans and must be supervised by RPEQ and its compliance with the design and the relevant standards be included in the completed works certification by the RPEQ.
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 notes).
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.(for larger sites)
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 6291 to arrange for the inspection.
As Constructed Plans/On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
Certification that all works have been undertaken and completed in accordance with the requirements of this Permit.
As Constructed details in accordance with Council’s Planning Scheme Policy.
OPERATIONAL WORKS - SIGNAGE
Nature and Extent of Approved Development
This approval authorises the following signs as defined by the planning scheme and shown on the Approved Plans:
1 pylon sign
3 wall signs
The approved signs must not be used for the advertisement of goods and/or services not sold or conducted on the site (ie. third party advertising).
The approved signs must not exceed a maximum sign face area of 4m² (per sign) and must not exceed a total sign face area of 10m² (a combined total of all signs on site). The tank and stand pylon sign must not exceed 5m in height from the natural ground level.
The approved signs must be positioned wholly within the property boundaries of the subject site, and must not be located within or across any easements.
Illumination
The approved signs must not be illuminated in any way except for 2 wall signs, being 1 sign located on the north elevation and 1sign located on the western elevation.
The approved illuminated signs must not incorporate flashing lights nor involve illumination by any means other than:
an internal light source
a down light, if externally lit.
Illumination resulting from direct, reflected or other incidental light emanating from the approved signs must not exceed a luminance of 300 candelas per square metre.
All conduits, wiring, switches or other electrical apparatus installed on an advertising device must be concealed from general view.
Movement
The approved signs must not revolve, move, contain moving parts, change its message, flash, have a moving or flashing border, or give the impression of movement in any way.
Maintenance
The approved signs must be properly maintained by the owner of the property to ensure the signs continue to comply with the Approved Plans and conditions of this Decision Notice.
B.	The food and beverage use 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 for the brewing of alcoholic beverages, Entertainment & Dining Business Type 1 food and beverage for an ancillary product tasting room and associated kitchen and an Ancillary Dwelling Unit.
The built form consists of tilt panel construction with eave overhangs and a 2 tiered skillion roof with high level windows for natural light. An outdoor covered area and a pergola face Venture Drive. The west elevation facing Vision Court consists of some architectural iron work and a set of small windows of varying sizes. The proposal is shown in Figure 1 below.

Figure 1 – Western elevation facing Vision Court
The industrial business consists of brewing, bottling and storage of alcoholic beverages. The entertainment and dining business use allows for beverage tasting, local hospitality promotional nights, craft beer industry nights and occasional product launches. Food for these events would be offered from the kitchen.
The applicant indicates the ‘The ancillary dwelling unit will be occupied by an on-site Manager, who will fulfil the role of head brewer. The resident will occupy the dwelling unit for on-site security reasons, and to oversee the production processes, tasting room and education role on a day to day basis, which will benefit the overall experience of local and tourist visitors alike.’
The total Floor Area of the building and the outdoor dining area is 958m² which includes:
742m² for the industrial business (including the mezzanine and the retail sales area)
116m² tasting area (includes kitchen),
50m² covered outdoor deck
50m² for the Ancillary Dwelling Unit
The floor layout is provided below as Figure 2.

Figure 2 – Floor Plan
The applicant seeks the following operating hours:
24 hours, 7 days per week for the industrial use and;
7am to 12 midnight for the tasting room
It is proposed that at full production a total of 6 staff will be employed on site.
The applicant proposes 27 car spaces and 4 motor cycle spaces. The majority of the spaces are accessed from Vision Court, near the southern boundary, with 3 staff spaces located to the north eastern corner of the development near the loading bay.
The applicant also seeks an operational works approval for signage.  Table 1 below set outs the signs proposed.
Table 1 - Signs
Type of sign	Size	Illuminated
Wall sign north elevation (facing Venture Drive)	3m²	yes
Wall sign south elevation	3m²	no
Wall sign west elevation (facing Vision Court)	3m²	yes
Freestanding ‘tank sign’	1.59m²	no
	10.59m²	
The application is before Council as the Entertainment and Dining Business Type 1 food and beverage use (tasting room and kitchen) is an inconsistent use in the Industry zone.
site details
Site Description
The site is a corner lot which slightly slopes from south to north with no existing vegetation.  Figure 3 below shows the site’s location.

Figure 3 – Aerial showing subject site.
Surrounding Land Uses
The site is within a new subdivision located between Gateway and Venture Drives which 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. A small industrial development has recently been approved nearby on the corner of Gateway and Venture Drives and the Chocolate factory directly opposite the subject site to the west. Mitre 10 hardware is diagonally opposite to the north east.
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
The Industrial Business Type 2 (brewery) 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 for the proposed tasting room and associated kitchen is inconsistent in the Industry zone and is required to follow an impact assessable application process.
The applicant expects the brewery to supply the local Noosa Shire market with potential export market growth into the future, providing some economic diversification to the Shire.
The Noosaville Locality Code is most relevant and provides the following Specific Outcomes for new uses in the Industry Zone:
Specific Outcome O190 & 191 reads:
O190 	Uses are predominantly of an industrial nature ordinarily expected in an industrial estate with ancillary uses compatible with industrial businesses.
O191 	Industry business uses are located, designed and operated to avoid significantly changing the amenity enjoyed by users of surrounding premises.
The inconsistent component being the tasting room and associated kitchen is an integral part of a brewery business model. Notwithstanding the proposed business model, the 70m² (use area) tasting room is not proposed as a stand alone food and beverage use, but is ancillary to the primary compliant industrial use on site; the brewing of alcoholic beverages. Furthermore, the proposal would be compatible with the recently approved Noosa Chocolate Factory located opposite the subject site, which also incorporates an ancillary food and beverage use.
It is considered that sufficient separation is provided between surrounding industrial uses to mitigate any potential reverse amenity issues, given the site’s corner location and site layout.
The 62m² 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 the business and 7am to midnight 7 days a week for the tasting room.
The applicant advises:
‘A single batch of beer will take approximately 8 hours to manufacture from raw material to the wort (the unfermented liquid beer). It is intended for brewing to take place twice a week or as required and would take place between the hours of 7am and 6pm. Manufacturing (production and bottling/packaging) on Monday and Tuesday. However the applicant would like to apply for 24 hours to allow for flexibility in the event of higher production due to increase in demands at any given time’.
and
‘Initially it is expected that the business will not open to the public on Monday to allow for cleaning, manufacturing and processing of the product. However, the applicant would like to apply for 7 days a week trading to the public to give flexibility to future expansion to meet demands’.
The brewing use does not generate noise emissions that would not be reasonably expected in an industrial area. The applicant is likely to use the covered outdoor area for product release events which has the potential to emit noise beyond the site boundaries. The nearest residential use is approximately 200m to the west and separated by numerous masonry industrial buildings. Given this separation and the buildings, it is considered the use is unlikely to adversely affect those residential uses. The requested hours raise no concern and conditions are recommended to ensure the relevant noise criteria for a commercial area are complied with.
Ancillary Dwelling Unit
The 50m² Ancillary Dwelling Unit is basic accommodation but has natural light from south 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 and Design Provisions
The following codes which regulate land use, works and design are most applicable to this application:
Business Uses Code
Landscaping Code
Engineering Works Codes
Advertising Devices Code
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	296m²  = 15% min Building - 6 metres 2m to uncovered carparking	300m²  = 15.4% 3.9m – 6m 1.2m 0.5m to a small area on Venture Drive	X
Building height storeys metres	2 storeys max 10 metres	2 storeys 8.1metres	
Boundary setbacks Frontage – Venture Drive Open pergola Frontage – Vision Court Southern side Western Side	6 metres min 4.5 metres min 0 metres min 0 metres min	6 metres 3m open pergola 3.9m - 4.5 metres 18.2 metres 0 metres	X X
Carparking (use area m²) Industrial Business (742m² including mezzanine) Tasting room & outdoor area (120m²) Ancillary Dwelling Unit	14 12 1 Total req.27	14 12 1 27 plus 4 motor cycle spaces	
Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	10 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
Setbacks
The proposal seeks approval for a small setback encroachment of 0.6m to the roof and 2 posts of the covered deck and a 3 metre setback for the open pergola structure facing Venture Drive. Figures 4 & 5 below show the setback encroachments in plan and in 3D view.

Figure 4 – Plan view of encroachments. Pink line represents the 4.5m setback and the black hatching, the pergola encroachment.

Figure 5 – 3D view showing the encroachments.
The proposed 3.9m setback to the corner of the covered outdoor deck area encroaches 0.6m into the required 4.5m setback. The incursion is considered minor as it will not negatively affect the amenity of the streetscape, and is setback sufficiently to provide landscaping.
The pergola is an unroofed structure sited over permeable pavers proposed to be setback 3m from the Venture Drive boundary in lieu of the 4.5m required by the Probable Solution of the Code. The structure is a landscape architectural feature which provides shading and visual interest to the Venture Drive elevation. The adjoining building is setback 4m - 4.5m from the Venture Drive boundary. The proposal is an open structure which will be partially screened by landscaping and considered generally consistent with the adjoining buildings setback.
Carparking
The applicant indicates that up to 180 people (invitation only) could be on site for product releases. While the quantity of car parking complies with the Driveways and Car parking Code for the proposed use areas, the occasional product release event may see overflow parking. The applicant suggests that given the nature of the product, people are likely to utilise organised buses, car pooling and other forms of public transport (e.g. taxi and Uber services) for these events. The applicant also acknowledges the events would be held after 5pm when there is ample street parking available which could be utilised for the occasional events. The applicant’s justification is agreed with and a condition could be imposed to ensure the product releases are held after 5pm.
Landscaping
The proposal provides good landscape setbacks except to a small area near the Venture Drive vehicle access where 0.5-1.0m of landscaping is proposed between the boundary and motor cycle space 4 and a staff car space. Given the proposal provides the majority of the landscaping to the street frontages, the small non-compliance raises no concern.
Bicycle parking
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
The applicant has demonstrated compliance to the relevant engineering codes.
Signage
The applicant seeks approval for 3 x 3m² wall signs of which 2 are illuminated and a pylon sign which complies with the Advertising Devices Code in terms of height and sign face area.
Probable Solution S6.1 and S7.2 seek 1 illuminated sign per tenancy and a total sign face area of 10m². Given the proposal is for 2 illuminated signs and a total sign face area of 10.49m², the signs must then comply with Specific Outcome O6 and O7 which are outlined below:
Specific Outcome O6
O6 – The maximum signface area of all advertising devices on a site does not unduly detract from a building, site, or local area, including by:-
visually dominating the appearance of a building; or
being visually intrusive in the streetscape or other settling in which it is located
Specific Outcome O7
O7 -  An advertising device only incorporates illumination and lighting where it:-
a) is appropriate to its setting and is compatible with the visual amenity of the surrounding area;

b) does not cause an environmental nuisance or distraction;

c) does not create glare, reflecting or flaring of colours; and

d) will not create a potential safety hazard, including a traffic safety hazard.
The proposal consists of 1 x 3m² sign on 3 different elevations, of which 2 are street facing and illuminated, and a 1.49m² pylon sign on the corner of Venture Drive and Vision Court with a total sign face area of 10.49m². While the additional 0.49m² is considered minor, the Planning Scheme seeks to limit signage in the Shire. Therefore, a condition is recommended to reduce the signs to a maximum sign face area of 10m² to comply with the Probable Solutions of the Code.
The Code permits 1 illuminated sign per tenancy. As the illuminated signs face different streets and the site has approximately 74m of street frontage, they will not cause distraction, glare or a safety hazard and will be compatible with signage in the surrounding area.
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 brewing and Ancillary Dwelling Unit components of the proposal are consistent uses within the zone but the food and beverage use (tasting room and associated kitchen) is inconsistent. The Planning Scheme does not provide any real support for the food and beverage use in the zone. The use is not stand alone but 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 brewery is considered low intensity and compatible with the surrounding and nearby land uses.
The proposed illuminated signage will not dominate the building or the surrounding streetscape and therefore meets the provisions of the Advertising Devices Code. A condition is recommended to reduce the total sign face area on site to 10m² to comply with the Probable Solution of the Advertising Devices Code.
The food and beverage use 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 proposal does not raise any other significant planning concerns and is recommended for approval, subject to conditions
Departments/Sections Consulted:
	Chief Executive Officer		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		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	7 FEBRUARY 2017

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	DD MONTH YYYY

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