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Delegated Report - Code - Planning MCU24 0021 (1)

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Andrew Gaffney
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                  MCU24/0021

                  Applicant                        Nutworks Cooroy Investments No3 P/L TTE

                  Proposal                         Material Change of Use - Medium impact industry

                  Properly Made Date               20 February 2024

                  Information Request Date         Not Applicable

                  Information Response Date        Not Applicable

                  Decision Due Date                26.04.2024

                  Report Reviewed &                Nadine Gorton 9.04.2024
                  Finalised By


                  PROPERTY DETAILS

                  Property Address                 4 Johnson Ct, Cooroy Qld 4563

                  RP Description                   Lot 15 RP 214448

                  Land Area                        5,228 m²

                  Existing Use of Land             Medium Industry


                  STATUTORY DETAILS

                  SEQRP Designation                Urban Footprint

                  Zone                             Medium Impact Industry

                  Precinct                         Not Applicable

                  Local Plan Area                  Cooroy Local Plan Area

                  Overlays                         Not Applicable

                  Assessment Type                  Code




Document Set ID: 22839294
Version: 6, Version Date: 12/04/2024

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               1.     PROPOSAL
               This application seeks approval for a Material Change of Use - Medium Impact Industry use for a
               minor extension of 66m² Gross Floor Area (GFA) to the existing Nutworks processing facility at 4
               Johnson Ct, Cooroy.
               The extension involves the permanent placement of a prefabricated shed (12.2 metres length X 5
               metres width X 3.9 metres height) at the rear of the existing industrial building shown at Figure 2 -
               Site Plan. This area of the site is fully sealed with concrete hardstand with stormwater discharge
               directed to Johnson Court.
               The applicant has advised the extension is to provide additional storage/processing areas to
               enable a more streamlined operation at the site and will result in a total onsite GFA of 1,808m² (ie
               1,766m² existing and 66m² proposed).
               Vehicle access from Johnson Road and onsite parking provision is not impacted by the shed
               location within the site. Based on the above updated GFA the proposal is required to provide 19
               onsite carparks.
               The locality and proposal plan are included below.




                                                         Figure 1 – Locality




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                                       Figure 2 – Site Plan


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                                       Figure 3 – Floor Plan




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                                       Figure 4 – Elevations




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               2.      SITE DETAILS
               2.1. Background
               23 November 2000 - Application 20845 DA - a relaxation application for onsite carparking and
               landscaping requirements for a 1,461m² light industrial building (existing larger building at western
               side of site).
               Ultimately the onsite carparking rate of 1 space per 50m² GFA was considered excessive and
               onsite provision was relaxed from 29 to 22 spaces. A 3 metre wide landscaping buffer adjacent to
               the Cooroy Sewerage treatment site (eastern side boundary) was also not required.
               17 August 2004 - Building Works approval for an Industrial Building 392m² Class 7B (existing
               smaller building at eastern side of site).


               2.2. Site Description
               The subject site;
                   • is 5,228.5m² in area and contains an 80.5 metre frontage to Johnson Court. The driveway
                     crossover and kerb and channel (for the full length of the site frontage) is constructed to
                     Johnson Court;
                   • contains two (2) industrial buildings, one larger building towards the western side boundary of
                     approximately 1,374m² GFA and the other building to the eastern boundary of approximately
                     392m² GFA. The existing buildings are to be retained;
                   • contains a minor fall (approx. 1metre) from the rear of the site to the Johnson Court frontage;
                   • aerial photography indicates that linemarking of the internal carparking areas have worn away
                     over recent years however images from 2010 indicate 22 spaces at the rear of the site and
                     two spaces at the site frontage. A total onsite provision of 24 spaces.
                   • Areas of existing landscaping are located along the site frontage and are a minimum of 3
                     metres in depth. Two visitor spaces are also located within the front setback and are provided
                     with a minimum 2 metre landscape buffer as required under the Medium Impact Industry Zone
                     Code.

               2.3. Surrounding Land Uses
               The subject site forms part of the Cooroy Industrial Estate / precinct and adjoins industrial
               developments to the south and west. The Cooroy Sewage Treatment Plant is located directly to
               the east.


               3.      ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •       State Planning Policy;
               •       South East Queensland Regional Plan;
               •       Planning Regulation 2017; and
               •       Noosa Plan 2020.
               3.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •       Medium Impact Industry Zone Code;
               •       Cooroy Local Plan Code;
               •       Medium Impact Industry Zone Code;

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               •      Industry Activities Code;
               •      Works Codes.


               The subject site is located in Cooroy and is zoned Medium Impact Industry. The proposed use is
               identified as a consistent use within the zone and is required to follow a code assessable
               application process.
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:

                   Criteria                       Planning Scheme              Proposal               Complies

                   Building height                10 metres                    3.9 metres                 

                   Site cover                     No    acceptable     outcome 34.5%                      
                                                  provided.

                   Boundary setbacks
                   • Frontage                     6 metres min                 >10 metres                 
                   • Side                         0 metres min (western)       3.5 metres                 
                   • Side                         3 metres min (eastern)       30 metres                  

                   • Rear                         0 metres min                 13 metres                  

                   Landscaped open space          Road frontage 6 metres<      Varies.                    X
                   Soft landscaping               3 metres min (eastern)                                  X
                   Landscaping Setbacks           < min 15% of total                                      

                   Carparking                     one space per 100m² in 23 uncovered.                    
                                                  excess of 500m².
                                                  GFA = 1,808m² / 1,900m²
                                                  19 spaces


               Landscaping
               Landscaping at the site is located primarily within the front building setback to Johnson Court and
               contains areas of mature landscape approximately 3 – 6 metres in depth. The proposed extension
               is not visible from the street frontage.
               When considered with existing street trees, the existing landscaping provides a degree of
               screening to the approved existing buildings in accordance with PO1 and PO2 of the Landscaping
               Code.
               Landscaping is not proposed to be changed by this application, which is reasonable based on this
               minor building extension.


               Carparking
               The proposed additional 66m² extension will increase total site GFA to 1,808m² or 1,900m² for
               carparking provision calculations. Based on the minimum carparking requirements for Light /
               Medium or High Impact industry under the Driveways and Parking Code, a minimum of 19 onsite
               spaces is required. The site currently provides more than 19 spaces and complies.


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               In addition, for a site more than 4,000m² a loading bay for a semi-trailer of 15m x 3.6m and
               on site manoeuvring for a semi-trailer is also required.
               The site has been in operation for many years and appears to be able to accommodate suitable
               onsite manoeuvring for an AV type vehicle to enter and exit the site in a forward direction. Given
               the minor nature of this application and the existing operations the site, the application complies
               with the Code.


               4.      CONSULTATION
               4.1. Referral Agencies
               Not Applicable


               4.2. Internal Council Referrals
               Engineering Coordinator - Stormwater.
               A standard condition will be included to ensure a legal point of discharge is maintained for the site.


               5.      CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No MCU24/0021 for a Material Change of Use - Medium impact industry
               situated at 4 Johnson Ct Cooroy Qld 4563 and described as Lot 15 RP 214448, it is recommended
               the application be approved in accordance with the following details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:              MCU24/0021

                   Street address:              4 Johnson Ct Cooroy Qld 4563

                   Real property description:   Lot 15 RP 214448

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Material Change of Use – extension to Medium Impact Industry


               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

               PLANNING


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                      When Conditions must be Complied With
               1.     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.
                      Currency Period
               2.     This development approval lapses if the use has not happened by 12 March 2030, unless
                      an application to extend the currency period is approved by Council.
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                        Plan No.              Rev.   Plan/Document Name                            Date

                        PLAN 001                     SITE PLAN (prepared by Southern Cross 12 March 2024
                                                     Sheds)

                        PLAN 002                     PLAN (prepared by Southern Cross Sheds) 12 March 2024

                        PLAN 003                     FRONT ELEVATION / BACK ELEVATION 12 March 2024
                                                     (prepared by Southern Cross Sheds)

                        PLAN 004                     LEFT ELEVATION / RIGHT ELEVATION 12 March 2024
                                                     (prepared by Southern Cross Sheds)


                      Building Height
               4.     The maximum height of the development must not exceed 10 metres above the ground level.
               5.     All air conditioning units or other mechanical equipment must be fully enclosed or screened
                      such that they are not visible from the street frontages nor adjoining properties.
                      Car Parking
               6.     A minimum of 19 car parking spaces must be provided and line marked on the site and made
                      available and accessible at all times while the use is open for business.
               7.     Directional signage must be provided to direct visitors and customers to the car parking
                      spaces provided on site.
                      Fencing and Walls
               8.     Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre
                      and articulated to provide visual interest by stepping the design. Any fencing on the front
                      boundary must either:
                      a.      not exceed a maximum height of 1.2 metres
                      b.      be of open construction.
                      Nature and Extent of Approved Use
               9.     The approved building/s must not be used for the purpose of a self-storage facility.
               10.    Waste storage areas, external approved storage areas, and mechanical equipment are
                      screened from the street.
               11.    No part of the site may be used for outdoor storage of materials unless specified on the
                      Approved Plans or the conditions of this Decision Notice. Materials stored outside of the
                      building must not exceed 4 metres in height or half the height of the building, whichever is
                      the greater.


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               12.    All mechanical equipment and other service infrastructure located on the site must be:
                      a.      located not less than 2 metres from a property boundary
                      b.      fully enclosed or screened such that they are not visible from the street frontages nor
                              adjoining properties. Where screened by landscaping, landscaping beds must be at
                              least 1.5 metres wide.
               13.    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.
                      STORMWATER
               14.    The site must be provided with a stormwater drainage system connecting to a lawful point of
                      discharge.


               5.     REFERRAL AGENCIES

               Not applicable.
               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
               Advertising Devices
               1.     All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
                      (Administration) 2015 including both temporary and permanent signage. All freestanding,
                      pylon or pole signs or signage that is illuminated requires approval from Council prior to being
                      installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
                      prohibited from being erected in the Shire.
               Infrastructure Charges
               2.     All developments and/or changes to existing developments may require payment of
                      “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
                      made pursuant to the planning legislation and regulations current at the time of issue. For
                      further       information,     please        refer to https://www.noosa.qld.gov.au/planning-
                      development/development-tools-guidelines/infrastructure-charges
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED



                Type of Development Permit Required               Subject of the required Development Permit

                Development Permit for Building Works             All building work.

               10.    SUBMISSIONS

               Not applicable.



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               11.    RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               12.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available on line at
               www.noosa.qld.gov.au or at Council Offices.




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Document Set ID: 22839294
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