Council Report 132005.220.05

132005.220.05 & OPW12/0031.02 - APPLICATION FOR EXTENSION TO CURRENCY PERIOD FOR A PRELIM. APPROVAL TO OVERRIDE PLANNING SCHEME, DEVELOPMENT PERMIT TO RECONFIGURE A LOT & DEVELOPMENT PERMIT FOR OPERATIONAL WORKS AT 70 CARPENTERS RD & 25 JARRAH ST, COOROY

Document information

Author	Development Planner, Wilhelm Koschade
Environment and Sustainable Development Department

Index	ECM/ Application/ 132005.220.05 & OPW12/0031.02

Attachments	1. 	Approved Subdivision Plan

APPLICATION DETAILS
Applicant	Noosa Shire Council
Proposal	Extension to Currency Period
Properly Made Date	6 September 2017
Decision Due Date	6 October 2017
Number of Submissions	19 properly made submissions (3 in support, 16 objecting) to original application.

PROPERTY DETAILS
Property Address	70 Carpenters Rd COOROY  QLD  4563 25 Jarrah St COOROY  QLD  4563
RP Description	Lot 3 SP 242414 Lot 1 SP 248288
Land Area	10.87 ha
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy & Lake Macdonald
Zone	Industry, Community Services, Detached Housing & Rural Zone
Overlays	Natural Hazards (Bushfire Hazard & Flood Hazard) Biodiversity Overlay (Environmental Protection Area)
Assessment Type	Minor Change to Approval – Extension to Currency Period

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 7 November 2017 regarding Application No. 132005.220.05 & OPW12/0031.2 for an extension to the currency period for a Preliminary Approval to Override the Planning Scheme (22 Village Industry lots), Development Permit to Reconfigure a Lot (22 Village Industry Lots, a Balance Lot, Drainage Reserve & Park Lots) and a Development Permit for Operational Works - Extension to Currency Period, situated at 70 Carpenters Road and 25 Jarrah Street, Cooroy and:
A.	Approve a change to Condition 11 of approval 132005.220.05 to read as follows:
11.	The Preliminary Approval to Override the Planning Scheme and Development Permit for Reconfiguring a Lot lapses if the works have not been completed by 8 October 2021, unless an application to extend the currency period is approved by Council.
B.	Approve an amendment to section 3 of approval OPW12/0031.02 to read as follows:
“The currency period for this development approval is until 8 October 2021 during which time all works must be completed unless an application to extend the relevant period is approved by Council.”
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks approval for a 4 year extension to the currency period of the Preliminary Approval to override the Planning Scheme, the Reconfiguring of a Lot approval (132005.220.05) and associated Operational Works (OPW12/0031.2), all of which lapse on 8 October 2017 (unless a request to extend is submitted to Council prior to this date). Accordingly, approval is sought to amend Condition 11 of approval 132005.220.05 and Section 3 of the Decision Notice for OPW12/0031.2.
The applicant suggests the land remains largely undeveloped as a result of the global financial crisis and limited local industrial demand. Stage 1 of the development, being Lots 6, 7 & 8 on Jarrah Street, have been partially completed however the balance has not been developed as the feasibility of the balance stages remains uncertain. The applicant indicates that they are likely to sell the Stage 1 lots and that process will provide some indication of the potential market demand for the balance stages.
site details
Background
The site was originally purchased by Noosa Council in 1991. An application to override the Planning Scheme and to Reconfigure a Lot was submitted by Council, as developer, in February 2005 and approved under the Superseded Planning Scheme in 2009. A Negotiated Decision Notice was later issued on 18 January 2010 for the following:
Preliminary Approval to Override the Planning Scheme for 22 Village Industry Lots; and
Development Permit for Reconfiguration a Lot (22 Village Industry Lots, a Balance Lot, Drainage reserve and Park Lots).
At the time the original application was publicly notified, 19 properly made submissions (3 supportive of the proposal and 16 objecting) were received.
On 2 October 2013, Council approved an extension to the relevant period until 8 October 2017. The associated Operational Works originally approved by Council on 14 September 2012 was also extended on 8 October 2013 for a further 4 years until 8 October 2017.
Approved Development
As shown in Attachment 1, the approval is to create 22 new industrial allotments ranging in size from 1,225m2 to 3,555m2, together with 3 park/environmental lots and a balance parcel. The approval requires the lots be developed in accordance with the provisions of The Noosa Plan.
The proposal creates a Plan of Development for the site. The Plan of Development requires industrial uses to be in accordance with The Noosa Plan and permits industrial uses to proceed via a code assessable application. The approval does not permit noxious, offensive or hazardous industries (as defined in the Superseded Planning Scheme) to establish on lots 9 - 27 given the proximity to residential uses to the south and west.
A 20 metre vegetated buffer together with a number of built form restrictions and noise attenuation measures are also required to protect the amenity of these adjacent residential uses. An acoustic report at the time established noise criteria to which all industrial uses and mechanical plant within the development should comply, with a barrier fence to be erected to control car park and loading bay noise emissions for nearby residents.
A vegetation study was undertaken at the time of the application which identified that no endangered vegetation was present on the property, with most of the clearing associated with the lots involving non-remnant vegetation. All lots were also required to be setback a minimum of 10 metres from the top of the creek bank that runs generally adjacent to proposed lots 16 to 19, with lot 8 also set back 10 metres to the creek and the drainage channel.
As a result of the development having the potential to create significant traffic impacts on Cooroy’s business centre, contributions were required towards the provision of a heavy vehicle bypass in the form of a new road link between Mary River Road and Garnet Street on the western side of the sports fields. This heavy vehicle bypass has been constructed.
Site Description
The site is located at the northern end of Jarrah Street, which extends through the Cooroy industrial estate, and an access easement known as Carpenters Road.  Both roads are located off Mary River Road.
A small unnamed creek and dam are located along the eastern boundary of the site with most of the site draining to this area.  A small ridge is located along the western portion of the site.  The land is generally gently sloping, with slopes in the range of 5 – 10% being steepest adjacent to the creek line.  The majority of the area to be developed (within existing Lot 1) has been cleared for grazing. A Site and Locality Plan is provided in Figures 1 and 2 below.
25 Jarrah St
25 Jarrah St
70 Carpenters Rd
70 Carpenters Rd
Figure 1 – Site Plan
70 Carpenters Rd
70 Carpenters Rd
25 Jarrah St
25 Jarrah St
Figure 2 – Locality Plan
Surrounding Land Uses
Existing land uses in the immediate locality surrounding the subject site are a mix of rural residential and industrial uses. These include rural land holdings to the north, village industry and rural residential lots to the south and rural residential lots and dwellings to the west.  The Cooroy sewerage treatment works is also located to the southeast of the site, with the main treatment area approximately 300 – 500m away from the development area. Open Space Recreation uses are located adjacent Mary River Road to the south-east of the site comprising a rugby league and soccer club.
assessment
Pursuant to section 87 of the Planning Act 2016, when assessing an extension application, the assessment manager may consider any matter that the assessment manager considers relevant, even if the matter was not relevant to assessing the development application. Matters considered relevant include matters such as consistency of the approval with current laws and policies applying to the development, community’s awareness and views of any referral agency and are further discussed below:
State and Other Statutory Instruments
State Planning Policy
Bushfire
The State Planning Policy July 2017 identifies the portion of the site approved for development as having a low fire hazard and includes a majority of this land in an Impact Buffer Zone. The level of risk has been reduced since the time of the original application and there have been no relevant legislative changes affecting the development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Act Regulation 2017 for the SEQ Development Area.
The Noosa Plan
The subject site is located in the Cooroy and Lake Macdonald Locality and as shown in Figure 3 below is zoned Industry, Detached Housing, Rural, and Community Services.

Figure 3 – Zoning Map
The application raises planning issues due to a conflict with the zoning of the land under The Noosa Plan.  Whilst the land use designations for the site allow for industry, they also include detached housing (with home based businesses encouraged) between the industry and adjacent rural residential properties to the west.
These land use conflicts were previously assessed by Council as part of the original development application as the Superseded Planning Scheme included similar zonings. Consideration was also given to The Noosa Plan as the scheme had been substantially progressed at the time of deciding the application.
Council at the time noted the proposed industrial subdivision conflicted with both Planning Schemes with regards to zoning, however resolved to approve the development based on the following grounds:
It was demonstrated that the Cooroy locality has a need for industrial land that will be of benefit to the local community and surrounding area;
It is not feasible or desirable for the western portion of the site to be developed for residential dwellings and home businesses, given the obvious conflict with these types of uses; and
The majority of the site is supported for industrial use and given the likely land use conflicts, the proposed development is appropriate for the site and provides suitable buffers to adjoining uses.
These grounds are still relevant today and since the time the original application was assessed, there have been no relevant changes to The Noosa Plan that would affect the assessment of the application. Despite the conflict, the development would be supported today if re-lodged against the current Planning Scheme.
Community Awareness
The development was originally publicly notified in 2005 and at the time, 19 submissions were received (3 in support, 16 objecting) raising concern predominately with traffic impacts along Maple Street/Town Centre and amenity impacts for nearby residents.
Since public notification, the land has continued to have a predominant zoning for industrial uses and there has been very little change occurring in the area. An alternative heavy vehicle bypass route has also been built for industrial traffic between Mary River Road and Garnet Street (west of sporting fields) supporting the industrial estate.
Although it is acknowledged the development was publicly notified some time ago, the likelihood that community awareness has significantly declined is considered unlikely on the basis that the land has retained an industrial zoning since the commencement of The Noosa Plan in 2006. It is therefore considered that there remains a community expectation the site will be developed for industrial uses.
Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineer
Environment Officer
conclusion & REASONS FOR DECISION
The application raises planning issues due to a conflict with the zoning of the land under The Noosa Plan. These land use conflicts were previously assessed by Council under both the superseded Planning Scheme and The Noosa Plan where it was considered that a combined industrial/residential development is neither feasible nor appropriate due to the potential for land use conflicts and therefore the application was approved.
An extension to the currency period has previously been approved by Council in 2013 noting the fact that there have been no changes to The Noosa Plan that would affect the assessment of the application. Similarly, there have been no relevant changes to The Noosa Plan since this date and the proposal would be supported today if re-lodged against the current Planning Scheme.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture	X	Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 NOVEMBER 2017