Extension to Currency Period - Council Report MCU17 0025.01

mcu17/0025.01 and OPW17/0095.01 - application for extension to currency period for a Development Permit for Material Change of Use of Premises - Industrial Business Type 1 - Warehouse and Operational Works approval (Advertising Devices) at 62 – 66 Rene Street, noosaville

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/Application/ MCU17/0025.01 and OPW17/0025.01

Attachments	1. 	Approved Plans

APPLICATION DETAILS
Applicant	Sharpe Enterprises P/L TTE
Proposal	Extension to Currency Period
Development Approval	Material Change of Use - Extension to Currency Period

PROPERTY DETAILS
Property Address	62 Rene St NOOSAVILLE  QLD  4566 64-66 Rene St NOOSAVILLE  QLD  4566
RP Description	Lot 59 RP 228906 Lot 280 SP 104321
Land Area	2096 Square Metres 4050 Square Metres
Existing Use of Land	Industrial Business Type 1 – Warehouse (Self Storage – ‘OnGuard Storage’)

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosaville
Zone	Medium Impact Industry
Overlays	Land Subject to Acid Sulfate Soils – Above 5m AHD Bushfire Hazard – Potential Impact Buffer
Assessment Type	Minor Change to Approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 10 August 2021 regarding Application No. MCU17/0025.01 for an extension to the currency period for a Development Permit for Material Change of Use for Industrial Business Type 1 Warehouse and OPW17/0095 for Operational Works (Advertising Devices) situated at 62 and 64-66 Rene Street, Noosaville and:
A.	Approve the extension to the currency period to 21 December 2022.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks an extension to the currency period for development approval MCU17/0025 Material Change of Use for Industrial Business Type 1 Warehouse and OPW17/0095 for Operational Works (Advertising Devices) at 62 and 64-66 Rene Street, Noosaville.  The current approval was issued on 21 September 2017 and was due to lapse on 21 September 2021.  This currency period was extended automatically by 6 months under the Planning Act 2016, which declared COVID-19 an applicable event. This means the development approval will lapse on 21 March 2022 unless this application is approved by Council.  The applicant seeks a further 9 month extension until 21 December 2022
In support of the extension to currency period the applicant has submitted the following details:
The lapsing date may not allow sufficient time to attain relevant operational works approvals, building approvals, commence construction and commence the use.
The owner states they have experienced delays in relation to Unitywater and delays due to the current construction boom.
Covid 19 has increased issues with supply chains, and financiers are seeking assurances that the project will have a current approval for the site.
The applicant applied for a Development Permit for Operational Works (OPW21/0103) for stormwater, landscaping, earthworks and roadworks (which was lodged in April 2021), and intends to commence works as soon as the approval is issued.  The approval was issued by officers on 20 July 2021.
background
A development approval for a Material Change of Use for Industrial Business Type 1 Warehouse and OPW17/0095 for Operational Works (Advertising Devices) was issued on 21 September 2017.
The approved facility at 62 Rene Street comprises a 3 storey building partially excavated into the site with the basement level to be utilised for the storage of bulky goods such as boats, trailers, vehicles and the like. The ground and first floor is intended to be used for general self-storage with units ranging in size from 5.7m2 to 24m2.  The building will have a total floor area of 4,159m2 and an associated use area of 3,467m2.  Access arrangements comprise a rear entry driveway which circulates via the adjoining lot (64 – 66 Rene Street).
The approval also includes Operational Works for Advertising Devices for various wall signs across the three buildings over both sites (62 & 64-66 Rene Street). More specifically, approval was issued for 10 existing wall signs currently installed and operational on Building 1, two wall signs on Building 2 and three proposed wall signs to be fixed to Building 3 at 62 Rene Street.  The signage for buildings 1 and 2 have previously been completed.
The approved signage for building 3 includes:

It is noted that under the current Subordinate Local Law 1 the signage approved for building 3 complies with the requirements set out in the General Criteria including a maximum sign face of 6m2 per sign within the Noosaville Industrial Zone.
A further Development Permit for Operational Works - Earthworks, Landscaping, Roadworks and Stormwater was issued on 20 July 2021.
A locality plan and approved plans are provided as follows:

Figure 1: Locality of subject site

Figure 2: Site Plan

Figure 3: Basement Floor Plan

Figure 4: Ground Level Floor Plan

Figure 5: Upper Level Floor Plan

Figure 6: Elevations

Site description
62 Rene Street
Existing buildings generally comprising sheds and unenclosed car ports have been developed across the lot. The site has been mostly sealed and an existing drainage easement is located in the south-western corner.
The land naturally slopes from north to south, down from Rene Street.
64 - 66 Rene Street
The lot has in recent times been redeveloped for storage units. Existing buildings onsite include two multi-level self-storage facilities. Two crossovers have been developed off Rene Street which provides access and circulation throughout the site. The use is currently operational.
A drainage easement is located in the south-eastern corner of the site and the land naturally slopes from north to south.

Surrounding Land Uses
Adjoining land uses include a civil and electrical contractor (Hendrie Brothers) to the west and a concrete batching plant to the east. A Council owned access lane is located in between 62 and 64-66 Rene Street which provides access from Rene Street to a reserve to the rear. The lane is intended to provide access to the reserve to undertake maintenance.
Lots in the immediate area are zoned Medium Impact industry and Low Impact Industry along with low density residential within the neighbourhood of Lake Entrance Boulevard to the west of the industrial precinct as demonstrated within Figure 7 below.

Figure 7: Noosa Plan 2020 Zoning within the locality of subject site

assessment
The applicant has requested an extension to the currency period to the development approval under section 86 of the Planning Act 2016. Pursuant to section 87 of the Planning Act 2016 (PA):
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.
The matters which are considered to be relevant to the assessment of the application are discussed in detail below:
The current development approval was assessed under the now superseded Noosa Plan 2006 which detailed that a warehouse (self storage) was a consistent code assessable application. In comparison the Noosa Plan 2020 now includes the site in Medium Impact Industry zone which details self storage facilities as inconsistent and impact assessable uses.
The Noosa Plan 2020 Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Medium Impact Industry. The proposed use Warehouse (self storage facility) is identified as an inconsistent use with the zone. With regards to the Purpose and Overall outcomes for the zone the Noosa Plan includes:
The purpose of the Medium impact industry zone is to provide for—
medium impact industry; and
other uses and activities that—
support industry activities; and
do not compromise the future use of premises for industry activities.

The overall outcomes sought for the Medium impact industry zone are as follows: -
development facilitates the efficient use of land for medium impact industries and supporting ancillary uses;
incompatible uses, or uses which are more appropriately accommodated in other zones are avoided to protect land for medium impact industry activities and to ensure the continued efficient operation and viability of existing and future industry uses;
…
i)  	warehouses for self-storage facilities are avoided to protect industrial land from underutilisation;
The approved development of self-storage warehouse is not compatible with the purpose or overall outcomes of the Medium Impact Industrial zone. Overall outcome j) specifically states that warehouses for self-storage are avoided to protect industrial land from underutilisation to ensure land continues to be available for industrial businesses to support Noosa’s economy and provide employment for residents.  While self storage facilities have traditionally located in industrial uses, they are not an industrial activity in nature and employed limited persons. This underutilisation of the land could comprise the future use of the land for industry activities and does not support the purpose and overall outcomes of the zone.  This is further reiterated within Specific Outcome 3 of the zone code which states warehouse development is not for self-storage facilities.  The approved use would therefore be considered in conflict with the Noosa Plan 2020.
Planning Act 2016
Currency periods are intended to ensure development approvals are subject to lapsing arrangements to ensure that development conforms to current public expectations about the nature and standard of development and changes to planning requirements.  However, the ability for the assessment manager to vary the currency period as part of the development approval is important, as the nature, scale and staging of development can vary greatly across development approvals.
Currently, the default currency period for a material change of use is 6 years under the provisions of the Planning Act 2016.  This is longer than the currency period for other development and the former Sustainable Planning Act 2009, because the Planning Act acknowledges that in many circumstances the establishment of a new use will require other development approvals to be obtained after the material change of use has been approved.  It is therefore necessary that the currency period of the material change of use approval be long enough to cover the work approvals being obtained and acted upon before the use actually starts.
In this case, a development permit for MCU17/0025 was issued under the Sustainable Planning Act with a default currency period of 4 years. As was described within the proposal details the owner has experienced delays associated with Covid 19 and despite this has pursued obtaining an approval for Operational Works as part of the further development permits that were required.
This development permit allows for the sequential extension to the already operating self-storage business on adjoining lots.  The applicant is requesting a minor extension of time to the currency period, due in some ways to circumstances outside of their control. The applicant could also have lodged an application for self storage in 2018 and received an approval which would be current until 2024 beyond the modest extension requested by the applicant.
conclusion
The application for an extension to the currency period for MCU17/0025 Material Change of Use for Industrial Business Type 1 Warehouse and OPW17/0095 for Operational Works (Advertising Devices) at 62 and 64-66 Rene Street, Noosaville is recommended for approval. Despite the approved use Warehouse (Self Storage) being an inconsistent use under the current Noosa Plan 2020, it is considered the extension sought is warranted, given the applicant has obtained an Operational Works approval, the request is due in some ways to circumstances outside their control and the requested extension time frame is minor (9 months).
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Support		Director		Director
			Community Development		Financial Services
			Community Facilities		Fleet
			Libraries & Galleries		ICT
			Local Laws		Procurement
			Waste & Environmental Health		Property
					Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Director		Director		Director
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	10 AUGUST 2021

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BUILDING 3 SIGNAGE SCHEDULE

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APPROVED PLANS

SITE LAYOUT - STAGES 1,| = cu17/0025 & oPw17/0095
NOOSA COUNCIL

ENOTES AREA DESNATED FoR STAG 21 SEPTEMBER 2017

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APPROVED PLANS
MCU17/0025 & OPW17/0095
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