MCU17/0546 – – Representations To Conditions – Development Permit For Material Change Of Use – Home Based Business – Type 3 Significant Scale Situated At 54 Boronia Road, Cootharaba

mcu17/0546 – – REPRESENTATIONS TO CONDITIONS – DEVELOPMENT PERMIT FOR material change of use – home based business – Type 3 significant scale situated at 54 boronia Road, cootharaba

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU16/0144

Attachments	Nil

APPLICATION DETAILS
Applicant	All Star Metal Fabrications
Proposal	Material Change of Use - Home Based Business - Type 3 Significant Scale
Properly Made Date	8 November 2017

PROPERTY DETAILS
Property Address	54 Boronia Rd Cootharaba Qld 4565
RP Description	Lot 13 SP 116696
Land Area	39860 m²
Existing Use of Land	Dwellings and Steel Fabrication business

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Locality	Boreen Point, Kin and Cootharaba
Zone	Rural
Overlays	Biodiversity Overlay – Environmental Protection Natural Resources – Agricultural Protection Area Natural Hazards – Bushfire (Potential Impact Buffer) and Low Potential Acid Sulfate Soils
Assessment Type	Impact

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 10 July 2018 regarding representations to Application No. MCU17/0546   for a Material Change of Use - Home Based Business - Type 3 Significant Scale situated at 54 Boronia Rd, Cootharaba and:
Agree to delete Condition 20; and
Amend Condition 21 as follows:
21.	The compressor must not be audible:
before 8.00am and after 5.00pm Monday to Friday, before 8.00am and after 1pm on Saturdays, and
on Sunday and Public Holidays.

REPORT
PROPOSAL
The applicant seeks representations on a development approval for a Material Change of Use - Home Based Business - Type 3 Significant Scale.
The application is before Council as the Development Permit was originally determined by Council.
site details
Background
The applicant has applied for a retrospective approval for a Home Based Business - Type 3 Significant Scale. Allstar Fabrications is a steel fabrication business that currently operates from an existing shed on the property with a gross floor area of 360m2.
The business, Allstar Fabrications have been operating from this site, within an existing shed for 5 years.  Council received a complaint with regard to noise associated with business operations and from motor bikes riding on the property in September 2017. The complaint expressed concern about dirt mounds being created on the property to facilitate motor bike riding. Other noise issues identified in that complaint were ‘clanging and banging’, the revving of cars, loud music and the driving of race cars and motorbikes up and down Boronia Road. The letter received had multiple signatories. These issues were also raised during the public notification process.
The applicant subsequently submitted an application for the business use in response to the compliance action.  A qualified acoustic consultant provided a report that addressed noise associated with business operations and the impacts on the amenity with regard to the neighbours.
On 17 May 2018, Council approved a Material Change of Use to establish a Home Based Business - Type 3 Significant Scale with reasonable and relevant conditions.
Site Description
The site is just under 4 hectares in size and is one of the two properties near the end of Boronia Road, with parkland beyond. Boronia Road is sealed and ends as a cul-de-sac beyond this site. The site is relatively flat with a small drainage channel extending along the eastern boundary. The northern part of the site is densely treed and the remaining portion of the land is mostly cleared. Some established vegetation occurs throughout the site. Two dams exist on the southern part of the site.
Surrounding Land Uses
There is a mix of rural residential type lots and rural land holdings within the general area. The subject property and surrounding properties were approved for subdivision of what is considered typically rural residential size lots in 1999. Land use in this area is typically rural residential lifestyle lots and environmental park areas. There is some land under cultivation observed on larger lots on Junction Road.
The site adjoins a 55 hectare reserve which is north of the subject site.
assessment
Under the provisions of the Planning Act 2016 the applicant suspended its appeal period and submitted representations to conditions of the approval. The Act requires Council to consider the representations within 20 business days (unless timeframe is extended) and give a new decision notice (a negotiated decision notice) to all relevant parties, where the representations are agreed with. The applicant has agreed to extend the timeframe to allow Council to consider this report. The representations primarily seek to delete Condition 20 with regard to the enclosure of the cutting equipment (acoustic requirements) and amend Condition 21 to allow the use of the compressor during business operating hours.
Representations to Conditions
Condition 20
20.	All cutting equipment must be kept at the northern end of the building and have a (floor to ceiling) wall separation from the construction area of the building.
Applicant’s Request
The applicant seeks deletion of condition 20 as the condition is considered to be an unreasonable imposition on the use and is not reasonably required as detailed below:
The noise report submitted as part of the application clearly detailed that the operations on site are less than the ambient noise levels at the eastern boundary (closest boundary) and western boundary and comply with the requirements of the Noosa Plan;
The noise report details that as the operations comply with noise criteria at the closest boundaries that no further noise control measures are required (provided a shipping container remains in place);
The noise report confirms that the new equipment installed is much quieter than the existing equipment and will reduce any potential noise impact;
Councils planning report of 8th May 2018 confirms that the Noise report is satisfactory as detailed by the extract below:
‘Council’s Environmental Health Coordinator reviewed the original and the updated noise report and conducted a site inspection during business operations. It was agreed that the noise report is satisfactory in its assessment and recommendations.’
Hours of operation have been imposed with reduced operating hours accepted by the applicant;
There does not appear to be any technical reason for the imposition of the condition as evidenced by the submitted noise report and Council staff comments;
The requirement for a wall will unreasonably restrict the operation of the business. The business constructs custom built trailers and requires an area that can cope with the 9 to 10 metre lengths of steel required as the maximum length of the trailer chassis is 9 metres which is required to be a continuous length for structural reasons. A separate cutting room would require significant additional floor area to cater for the manoeuvring of the cut lengths to the assembly area which is not feasible in the current building. The photograph below illustrates the length of materials and the metal cutting saw.

Assessment
Condition 20 requires the walling of the cutting area, given complaints received were due to noise. Council’s Environmental Health Co-ordinator recommended this condition as a precautionary measure only. It was initially thought this condition was reasonable, however it was not known at the time that the average length of steel and the logistics of implementing this. It is accepted that the acoustic report indicated no noise impacts on the neighbouring residential properties with regard to operations. The points provided by applicant’s consultant are acknowledged and it is agreed that this requirement is impractical. It is therefore agreed to delete Condition 20.
Condition 21
21. 	The compressor must not be audible:
a. 	before 8.00am and after 5.00pm Monday to Friday; and
b. 	on Saturday, Sunday and Public Holidays.
Applicant’s Request
The condition of approval permits the home based business to operate on Saturday however it does not permit the use of the compressor on this day. The compressor is an integral part of the business as many of the tools require the compressor in order for the equipment to function and the restriction would not enable the business to function on a Saturday. It is noted that the noise report included the running of the compressor in the noise analysis and no separate conditions were detailed for the compressors use. The applicant therefore requests that the condition be modified to permit the use of the compressor on Saturday from 8 am to 1pm.
Assessment
The applicant advises that the compressor is necessary for all operations and equipment associated with the business. At the time of the original assessment, this information was not known.  This condition was applied as a precautionary approach, given the use had attracted noise complaints. The need for the compressor is acknowledged and given the noise assessment did not detail the usage of the compressor or recommend modifications, it seems at odds with the operating hours which are reflected in existing Condition 4, that states:
The approved use must not operate outside the hours of 7.30am- 5.00pm Monday to Friday and 8.00am to 1.00pm on Saturdays. The use must not operate on public holidays.
Council’s Environmental Health Co-ordinator agrees that this condition ideally should accord with the operation hours associated with the business. Therefore the applicant’s request to change this condition is supported.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Co-ordinator, Environmental Health

conclusion & REASONS FOR DECISION
The proposed changes do not notably increase impacts from what is currently conditioned for the approved use. An acoustic report supports the proposed changes and the existing conditions address potential amenity impacts on nearby residents.

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
		X	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		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	10 JULY 2018