Delegated Report - Code - Planning MCU21 0061

Author	Maxwell Potter/Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0061
Applicant	Kin Kin Community Group Inc
Proposal	Material Change of Use - Market
Properly Made Date	6 April 2021
Information Request Date	6 May 2021
Information Response Date	24 May 2021
Decision Due Date	29 June 2021
Report Completed Date	29 June 2021
Report Reviewed By	Kerri Coyle 29.06.2021

PROPERTY DETAILS
Property Address	Kin Kin Sportsground 57 Main St Kin Kin Qld 4571
RP Description	Lot 200 SP 233184
Land Area	21840m²
Existing Use of Land	Outdoor Sport & Recreation

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Recreation and Open Space
Precinct	Not Applicable
Local Plan Area	Hinterland Villages Local Plan Area
Overlays	Bushfire Hazard Overlay Flood Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Market. The proposal includes the use of the Noosa Council owned Kin Kin Sportsground for the hosting of up to 50 stalls and car parking (refer to Figure 2 below). The markets operate on the first Sunday of each month from 8am – 12pm, while store holders have the opportunity to set-up and pack-down their stalls from 7am – 2:30pm.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Site Plan
site details
Site Description
The subject site comprises 21861.3m2 and is accessed from Main Street and Old Wahpunga Road, Kin Kin. The main characteristics of the site are the sports oval and associated cricket nets, club house and toilet blocks.
Surrounding Land Uses
The surrounding land uses of the subject site consists of a variety of uses, including dwelling houses to the north, rural properties and Kin Kin Creek to the east, the Kin Kin main street with local shops and a pub to the south and dwelling houses and Main Street Park to the west.
assessment
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.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Open Space & Recreation Zone Code;
Hinterland a& Villages Local Plan Code;
Business Activities Use Code;
Works Codes;
Bushfire Hazard Overlay Code;
Flood Hazard Overlay Code.
The subject site is located in Kin Kin and is zoned Open Space & Recreation. 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
Carparking	One space per stall (equivalent to) 50min Sufficient spaces for the intended use min	60-70 West + 40   East + Nearby Carparks	
Motorcycle Spaces	One space per 100m2 of part thereof use area (218.4)	Not specified, however sufficient spaces provided for intended use.	
Bicycle Spaces	One space per 50m2 up to 500m2; and one space per 500m2 in excess of 500m2	Not specified, however sufficient spaces provided for intended use.	
End of trip facilities	One locker per two bicycle spaces; and one shower cubicle with ancillary change per ten bicycle spaces or part thereof	Not specified, however public toilets are available as end of trip facilities and considered sufficient for intended use.	

Use & Frequency of Occurrence
Business Activities Code
Acceptable Outcome AO31
Where the market occupies an existing building or use area, and does not increase the size of the building or use area, it:
Does not operate more than one day per week;
Does not directly adjoin a residential zone;
Is conducted, including set-up and pack-up time, between the hours of 6:00am and 10:00pm;
Is conducted for a maximum of eight hours excluding set-up and pack up time; and
Does not include the use of amplified music, megaphones, public address systems and noise generating plant and equipment
Acceptable Outcome AO32.2
Where market stalls are located adjacent to existing shops the market is not held on more than one day per fortnight
Acceptable Outcome AO34
Markets are operated in a manner to not cause environmental nuisance to neighbouring and nearby residents and other sensitive land uses having regard to:
The generation of noise, dust, odour and light emissions; and
Hours and frequency of operation
Assessment
The subject site adjoins a Low Density Residential zone to the north and to the west. The applicant has indicated the proposed markets will take place on the first Sunday of each month from 8am – 12pm, whilst the stall holders will begin setting up at 7am and packing down by 2pm. Moreover, the markets are located adjacent to existing shops and will not be held on more than one day per fortnight. The applicant did not provide any information regarding the use of amplified music, megaphones, public address systems and noise generating plant and equipment, however a condition has been included to restrict this. As such, the proposed market complies with Acceptable Outcomes AO11.1, AO31, AO32.2 and AO34 of the Business Activities Code.

Amenity
Recreation & Open Space Zone code
Performance Outcome PO7
Temporary uses, such as markets or outdoor entertainment events, are supported by existing facilities and do not significantly impact on the amenity, safe traffic environment and character of the surrounding area.
Assessment
The proposed markets will take place on the Kin Kin Sportsground, Kin Kin. The sportsground contains toilet facilities, a club house, Rural Fire Brigade, a sports oval and car parking. The Kin Kin markets are currently operating with 10 – 20 stalls, operating at a smaller scale than the proposal.  The markets currently take place on the first Sunday of each month.
Notwithstanding, the subject site is bordered by dwelling houses to the north and west, and dwelling houses and shops to the south. The applicant proposes carparking adjacent to 2 residential properties to the west and one rural property to the west. The car parking area is highlighted in Figure 2. The applicant advises that the western car park will accommodate 60-70 cars whilst the eastern car park area will contain 40 cars. The 2 dwelling houses located adjacent to the western car park are situated within close proximity to the car parking area, one of the houses does not contain a fence (Figure 5).
The proposed markets are to operate once a month and considered to be infrequent.  The scale of the events is consistent with the scale of activities which could reasonably be expected to occur at a sports ground with regards to the hosting of cricket matches and community events and which would use the proposed parking area for carparking. As such, the proposed carparking does not unreasonably impact on the amenity, safe traffic environment and character of the surrounding area. In addition, the proposed markets will operate in a manner to not cause environmental nuisance to neighbouring and nearby residents and other sensitive land uses. It therefore considered that the proposed markets comply with Performance Outcome PO7 of the Recreation & Open Space Zone Code.

Figure 4 – Proximity of Dwelling house to carpark

Figure 5 – Dwelling House
Traffic & Carparking
Driveways & Carparking Code
Acceptable Outcome AO6.1
The number of carparking spaces, motor cycle spaces, bicycle spaces and loading bays is not less than the minimum number specified in Table 9.4.1.4 Minimum parking requirements including end of trip facilities.
Table 9.4.1.4 Minimum parking requirements including end of trip facilities, is as follows:
Market:
One space per stall (equivalent to); and
Sufficient spaces for the intended use.
Assessment
The applicant proposes up to a maximum of 50 stalls accordingly a minimum of 50 spaces are required.
The applicant proposes up to 70 car parks will be available adjacent to the western property boundary and approximately 40 carparks off Old Wahpunga Road. In addition, it is noted that car parking is also available along Main Street. Therefore, the provision of at least 100 spaces is considered suitable to accommodate the stallholders and public. Notably, a number of stallholders will likely have their car parked adjacent to their stall on the sports oval.
As such, the proposed parking and available parking within the vicinity is sufficient for the proposed market. It is therefore considered that the proposed markets comply with Acceptable Outcome AO6.1 of the Driveways & Carparking Code.

Figure 6 – Western carpark (includes both sealed and unsealed areas beyond)

Figure 7 – Eastern carpark

Waste Management
Business Activities Code
Acceptable Outcome AO35.1
Markets are operated in accordance with an approved waste management plan.
Assessment
A waste management plan to address the waste associated with users of the market will be included as an approval condition and therefore the proposal complies with Acceptable Outcome AO35.1 of the Business Activities code.

Flooding
Flood Hazard Overlay Code
Acceptable Outcome AO7.1
Development is located to support self-evacuation of people and ensure sufficient warning time for the nature of the use.
Acceptable Outcome AO7.2
Development does not:
Increase the number of people calculated to be at risk from flooding;
Increase the number of people likely to need evacuation;
Shorten flood warning times for other uses in the floodplain; or
Impact on the ability of traffic to use evacuation routes, or unreasonably increase traffic volumes on evacuation routes.

Performance Outcome PO7
Development supports, and does not unduly burden, disaster management response or recovery capacity or capabilities.
Assessment
The proposed markets are located within an area mapped as a flooding and inundation extent area by the Flood Hazard overlay map. It is noted that the proposed increase in stalls could increase the number of people calculated to be at risk from flooding and increase the number of people likely to need evacuation. Advice from Council internal Development Engineers indicates that the flooding and inundation extent on the subject site is not considered to result from flash flooding and instead is a consequence of days of consistent rain. Furthermore, during this occurrence the bridges connecting Kin Kin to the Noosa Shire are unusable and the township of Kin Kin is cannot be reached via road.
As such, a reasonable person would not expect the Kin Kin Markets to occur when the subject site is flooded. However, a condition has been included relating to the organisers of the markets to prepare a flood inundation hazard evacuation plan.
It is therefore considered that the proposed markets meet Acceptable Outcome AO7.1 and AO7.2 of the Flood Hazard Overlay Code.

Figure 8 – Food Hazard Overlay Map – Flooding and Inundation Extent
cONSULTATION
Referral Agencies
Not Applicable.
Internal Council Referrals
Coordinator, Development Engineers
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 MCU21/0061 for a Material Change of Use - Market situated at Kin Kin Sportsground 57 Main St Kin Kin Qld 4571 and described as Lot 200 SP 233184, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0061
Street address:	Kin Kin Sportsground 57 Main St Kin Kin Qld 4571
Real property description:	Lot 200 SP 233184
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Market
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
-	-	Site Plan Makeup, prepared by Kin Kin Community Group Inc. (Google Maps 2018)	06.22.2018
Nature and Extent of Approved Use
The maximum number of stalls on site at any time must not exceed 50 stalls.
The markets must only operate on the first Sunday of each month between8am – 12pm.   Stall holders must not set up before 7am, with pack up completed by 2pm the same day.
A minimum of 50% of stalls must be used for one or more of the following:
entertainment;
sales of fresh food and produce;
home-made goods; and
activities conducted by or on behalf of a non-profit or community organisation.

Currency Period
This development approval lapses if the use has not happened by 29 June 2027, unless an application to extend the currency period is approved by Council.
The approval lapses on 29 June 2031, unless otherwise extended in writing by Council.
Amenity
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The use of amplified music, megaphones, public address systems and noise generating plant and equipment is not permitted.
Noise Generated by the market complies with the levels of noise emissions prescribed under the Environment Protection (Noise) Regulations 1997.
Any outdoor lighting associated with the market is designed, installed, operated and maintained in accordance with AS4282 – The control of the Obtrusive Effects of outdoor lighting.
Heavy vehicles or commercial vehicles are permitted to arrive or park in proximity to the site before 6:00am.
Any temporary lighting is dismantled immediately on closure of the markets.
The use area of the market is left in a clean state at the end of each market day.
Waste Management Plan
Prior to the commencement of the approved use a Waste Management Plan must be submitted addressing the following:
Estimated volumes of waste to be generated;
Estimated volumes of recyclables;
Estimated volumes of garden/organic waste;
Method to be used for disposal of garden/organic waste;
Initiatives to minimise waste by waste reduction, reuse or recycling;
Plans showing the location and details of the waste storage areas;
Flood Management Plan
Prior to the commencement of the approved market use an Evacuation Management Plan must be prepared and submitted to Council which includes the following:
Details of where store holders and customers be directed to in the occurrence of a natural hazard event, including flood inundation.
The approved use must act in accordance with the requirements of the Evacuation Management Plan.
Traffic Management & Carparking Plan
Prior to the commencement of the approved market use a Traffic Management and Carparking Plan must be prepared and submitted to Council which includes the following:
Carparking locations;
Methods by which patrons are to be directed to car parking locations.
The approved use must act in accordance with the requirements of the Traffic Management and Carparking Plan.

referral agencies
Not applicable.
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
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
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
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
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.
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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