Submission objecting to development · MCU18/0117

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      ii.   is protected for industrial functions including Industrial business Type 2 to the exclusion of
            incompatible uses including Residential Uses, Community Uses, Commercial business and
            most sport and recreation uses and Retail business uses;
     iii.   has high accessibility to arterial roads and the Bruce Highway;
     iv.    …;
      v.    …;
     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
     vii.   ….

Under Table 11.23, specific outcomes O188 and O189, it is stated that Retail Business Type 7 – Garden
and Lifestyle Centre is an inconsistent use in the Industry Zone.

Given the application is subject to impact assessment, the proposal is to be assessed against the whole
of the planning scheme, including part 1.7 Strategic Framework, which at 1.7.9, states, Industrial
Development:
    a) Industrial growth is focused on two main areas:
       i.      Noosaville’s industrial estate which is the largest concentration of industrial businesses
               in Noosa Shire and includes a high proportion of service industries catering particularly
               to the coastal populations; and
       ii.     …. .

Under Part 3.1 Desired Environmental Outcomes, part 3.1.3(e) Industrial Business Uses, states:
Industrial uses and extractive and mining uses contribute to the local economy and employment sector
by:
        i.      …
        ii.     …
        iii.    …
        iv.     …
        v.      …
        vi.     …
        vii.    protecting industrial areas, valuable extractive and mineral resources and associated
                heavy vehicle haul routes, particularly from the encroachment of incompatible
                development, for the ongoing benefit of the community;
        viii.   ….

Consequently, having regard to the provisions referred to above, it is evident that the planning scheme
seeks to protect industrial zoned land from incompatible uses. The key reason for this is ensure that
non-industrial uses do not make use of land that should be utilised for an industrial purpose.

It is also noted that the definition of industry states:
Industrial business means the conduct of an industrial business activity, where goods or products are
produced, manufactured, dismantled, altered, repackaged, repaired or stored at a scale of greater than
that defined by retail business. The use includes the sale of goods, resulting from such operations,

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provided that sales space does not exceed 20% of the use area. Any space dedicated for administration
or accounting work in connection with such operations does not exceed 20% of the use area.

The above definition allows for 20% of the use area for an industrial development to be used for
retailing goods that are produced, manufactured, dismantled, altered, repackaged, repaired or stored.
Therefore, is questioned that there is a need for the proposed garden centre given some limited
retailing can occur in conjunction with the proposed warehouse use.

Summary
The proposed development seeks to provide a garden centre and industrial warehouse on the land.
The proposed garden centre is defined as Retail Business Type 7 – Garden and Lifestyle Centre, which
is an inconsistent use in the Industry Zone.

The applicant has applied for Industrial Business Type 1 – Warehouse. The definition of industrial
business means that 20% of the use area of a warehouse could be used for a retail purpose, without
compromising the intent of the planning scheme, which is to protect industrial land from incompatible
land uses.

It is evident having regard to both the lower and higher order provisions that the planning scheme
seeks to protect industrial land from incompatible development. The proposed Retail Business Type
7 – Garden and Lifestyle Centre use is not consistent with the following:
     • the purpose and overall outcome (vv) for the Industry Zone under of the Noosaville Locality
         Code;
     • specific outcomes O188 and O189 under the Noosaville Locality Code;
     • part 3.1.3(e) of the Desired Environmental Outcomes for Industrial Business; and
     • part 1.7 of the Strategic Framework.

In my opinion, the applicant has not provided grounds that are sufficient to warrant approval of the
proposal given the significant conflict identified with the planning scheme. Further, there is no
demonstrated planning need for the proposed garden centre at this location and there is likely to be
a need to protect industrial land for industrial purposes in the locality.

Should you have any questions with respect to the above please contact me.

Yours faithfully




Shane Adamson (BEngTech, GDURP, MPIA, MQELA)
Town Planning Specialist
Director - Adamson Town Planning Pty Ltd




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