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Planning Report 2281 - AllStar Metal Fab

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                                     proposal report
                                                 development
                                                  application

      Development Permit for Material Change of Use
    (Home Based Business Type 3 – Significant Scale)

Lot 13 on SP116696 located at 54 Boronia Road, Cootharaba




                                    Prepared For: Coz and Liz Thompson
                                            Prepared: 8 November 2017
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Contents
1.0       Summary ......................................................................................................................... 3
   1.1       Development application details ............................................................................................. 3
   1.2       Planning instrument details ..................................................................................................... 3
   1.3       Referral agencies ..................................................................................................................... 3
2.0       Site details ....................................................................................................................... 4
   2.1       Site description ....................................................................................................................... 4
   2.2       Surrounding land uses ............................................................................................................. 5
3.0       Proposed development details ......................................................................................... 6
4.0       Planning assessment ........................................................................................................ 7
   4.1       Pre-lodgement ........................................................................................................................ 7
   4.2       Key issues ............................................................................................................................... 7
5.0       State assessment and other matters .............................................................................. 10
   5.1    State interests ....................................................................................................................... 10
     5.1.1 Matters established in the Planning Regulation ............................................................................ 10
     5.1.2 State Planning Policy ...................................................................................................................... 10
6.0       Summary of supporting information .............................................................................. 11
7.0       Conclusion .................................................................................................................... 11




Prepared by:
Jack Lewis – Senior Planner B.Sc Hons UNSW, M.Plan Otago
Martoo Consulting Pty Ltd

13/6 Bottlebrush Ave, Noosa Heads Q 4567 PO Box 1684, Noosa Heads Q 4567
T +61 7 5447 2550
38 Nash Street, Gympie Q 4570 PO Box 391, Gympie Q 4570
T +61 7 5482 7440

Date: 8 November 2017 – Version 1

© Martoo Consulting Pty Ltd 2017

The information contained in this document produced by Martoo Consulting Pty Ltd is solely for the use of the Client identified on the
cover sheet for the purpose for which it has been prepared and Martoo Consulting Pty Ltd undertakes no duty to, or accepts any
responsibility to, any third party who may rely upon this document.

All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or
transmitted in any form without the written permission of Martoo Consulting Pty Ltd.




                    martoo consulting
                     town planners + urban designers + development managers                                                                  page 2 of 11

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                                                                                                   proposal report




1.0 Summary

1.1 Development application details
  Proposed development:                            Material Change of Use – Home Based Business Type 3
                                                   (Significant Scale)
  Type of approval sought:                         Development Permit
  Site address:                                    54 Boronia Rd, Cootharaba 4565
  Real property description:                       Lot 13 SP116696
  Site area:                                       3.986ha
  Assessment manager:                              Noosa Shire Council
  Owner details:                                   Coz and Liz Thompson
  Applicant details:                               Jack Lewis C/- Martoo Consulting Pty Ltd


1.2 Planning instrument details
 State planning policy:                            State Interest Policy (July 17)
 Regional plan                                     South East Queensland Regional Plan 2017
 designation:                                      - Regional Landscape & Rural Production Area
 Planning scheme:                                  The Noosa Plan (3 July 2017)
 Locality:                                         Boreen Point, Kin Kin and Cootharaba Locality
 Zone:                                             Rural Zone
 Level of assessment:                              Impact
 Applicable overlays:                              Biodiversity
                                                      - Environmental Protection
                                                   Natural Resources
                                                      - Agricultural Land Conservation Area
                                                   Natural Hazards
                                                      - Bushfire (Potential Impact Buffer)
                                                      - Low Potential Acid Sulfate soils
 Relevant codes:                                   Boreen Point, Kin Kin and Cootharaba Locality Code
                                                   Business Uses Code
                                                   Landscaping Code
                                                   Engineering Works Codes


1.3 Referral agencies

Nil




               martoo consulting
               town planners + urban designers + development managers                                    page 3 of 11

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2.0 Site details
2.1 Site description

 Site                        Description
 characteristic

 Existing land use           Detached House

 Existing structures         Detached House and associated sheds

 Frontage          and 350m to Boronia Road
 access

 Topography        and The site is relatively flat with a small drainage channel extending along the
 views                 eastern boundary. No earthworks are proposed as part of the application.

 Existing vegetation         The site is mostly grassed in the southern half of the site and well vegetated
                             within the northern half. Some screening shrubs are located along the eastern
                             and southern boundaries. No vegetation is to be removed as part of the
                             application.

 Existing waterways          Two small dams are located within the southern half of the site. An intermittent
                             drainage line also extends along the eastern property boundary.

 Existing Approvals          The house was approved and built in 2004 with an extension to the house
                             approved in June 2017. A building approval was also obtained in 2010 for the
                             shed.
                             There are no existing planning approvals over the site.




Figure 1: Aerial view and site identification




               martoo consulting
               town planners + urban designers + development managers                             page 4 of 11

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               Figure 2: Photo of site looking from the eastern boundary to the southwest




Figure 3 – Photos inside the existing shed looking east and looking north from the driveway.

2.2 Surrounding land uses
Surrounding land uses
 Surrounding land uses

 North    A 55 hectare reserve (Cootharaba Park) adjoins the site including 30m high native forest
          and woodland.

 South    The site adjoins 38 Boronia Rd, which is a rural residential property on 4ha. The workshop
          is more than 140m to the north of this house and is separated by an existing access
          easement, dam and the house on the subject site.

 East     The site adjoins 46 & 48 Boronia Rd to the east which include detached houses and
          sheds, on a similar 4ha sized lots. Access to the dwellings is via an access easement
          along the site’s eastern property boundary. The workshop is more than 125m away from
          46 Boronia, and 195m away from 48 Boronia Rd.

 West     Across Boronia Rd to the west is the rural residential house and associated sheds at 41
          Boronia Rd. The lot is 3.4ha in size and setback more than 150m from the workshop.



              martoo consulting
              town planners + urban designers + development managers                           page 5 of 11

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                                Figure 4: Setback to surrounding residential buildings


3.0 Proposed development details
 Material Change of Use

 Building Height              Existing building is single storey and 4.5m high.

 Gross Floor Area             360m2

 Car Parking                  Onsite parking for 6 parking bays associated with the business

 Site Access                  Existing from Boronia Rd

 Servicing                    The shed includes existing electricity and telecommunications. Toilet
                              facilities are available in the adjacent shed used for residential purposes.

The application proposes to use an existing shed for a home based business associated with metal
fabricating. There are no new building works proposed and the application is in response to planning
compliance advice letter.




             martoo consulting
               town planners + urban designers + development managers                             page 6 of 11

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Figure 5: Proposed use plan


4.0 Planning assessment
4.1 Pre-lodgement
An informal pre-lodgement was undertaken with Council’s planning compliance officer (Michael
Cantori) to discuss planning requirements and key issues applicable to this development application.

Summary of key issues
 Issue       Council response                                          Applicant response
 Noise           A suitable qualified acoustic consultant              David Moore and Associates includes an
                 will need to address any noise concerns,              acoustic assessment demonstrating the
                 and that the business does not interfere              noise from the business does not interfere
                 with the amenity of the neighbours.                   with the amenity of the neighbours.
 Parking         Parking needs to be located on the site.              The proposal plan shows the parking is
                                                                       provided on the site.


4.2 Key issues
The proposal has been assessed against the relevant codes and generally complies with all
corresponding Specific Outcomes and Probable Solutions. Further discussion with regard to
assessment against the Specific and Overall Outcomes regarding scale, noise, carparking, bushfire
hazard, agricultural land conservation and infrastructure requirements is provided below.



              martoo consulting
              town planners + urban designers + development managers                                   page 7 of 11

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Scale

The resident business owner indicates they have been using the 360m2 workshop for commercial
metal fabricator for the last 5 years. During this time they have been operating at the same size and
scale, with no intention of expanding the business on the site.

The metal fabrication business is located on a large 4ha lot within the Rural Zone and includes the
following details:
     - A maximum of 360m2 of the site is used for business associated with metal fabrication for
        purpose made trailers.
     - The business employs 6 staff, including the resident owner of the business.
     - 6 parking bays are proposed along the western side of the shed for staff vehicles.
     - Customers do not regularly attend the site, with advertising online and by word of mouth.
     - Only goods which are made on the site are offered for sale.
     - The operation will not occur outside 7am to 6pm Monday to Saturday, excluding public
        holidays.
     - There is an existing 0.3m2 advertising fence sign and no additional signage is proposed.

All of the metal equipment, cutting instruments and welding torches are located inside the shed.
Some finished caravans and products may be stored outside to the north of the shed temporarily
prior to delivery to customers. The metal fabrication uses argon and supershield mixture gases,
which are stored in small quantities on the site out of direct sunlight. The amounts stored for use on
the site are well below the requirement for separate ERA approval (ERA8 (1) – Chemical Storage is
triggered when storing a total of 50 tonnes or more of argon).

Probable Solution S54.1 requires a maximum of 300m2 is used for the business. The size of the
existing shed is 360m2, which includes all the tools and materials for the metal fabrication business.
The corresponding Specific Outcome O54 seeks for the scale and nature of the business is relative
to the lot size and does not dominate or conflict with the area in which it is situated.

The existing business has used the 360m2 shed on the large 4ha property for the past 5 years for
metal fabrication. The current application does not propose to increase the existing size or scale of
the operations. Since Council received a complaint about the business operating without approval -
the eastern end of workshop has been relocated immediately adjacent to the eastern end of the
building, thereby reducing any noise emanating from this end of the workshop.

The property directly adjoins bushland to the north and is used by the resident owner, which includes
their house directly adjoining the workshop. Considering the relatively large separation and
screening of the workshop to the north of the existing house and neighbours, the scale and nature
of the business does not dominate the area in which it is situated consistent with the corresponding
Specific Outcome.

Noise

Probable Solution S53.2 requires all noise from the business be not audible beyond the site
boundaries, and all noise emitting equipment is enclosed. The corresponding Specific Outcome O53
seeks for the business to not interfere with the amenity of the neighbourhood from the operation of
machinery or electrical equipment or from noise.

David Moore & Associates has undertaken an environmental noise level impact assessment which
included as Attachment 2. This assessment included source noise level measurements both inside
the workshop building and outside the eastern end of the workshop building, as well as a 7-day
ambient noise assessment. This noise impact assessment considers noise impact to both the closest



              martoo consulting
              town planners + urban designers + development managers                         page 8 of 11

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                                                                                      proposal report




boundaries to the workshop, namely the eastern and western boundaries with all work and
machinery confined within the existing shed.

The results of the report conclude that the closest boundary to the western end of the building, are
less than the ambient noise levels less 10 dB(A), and would be inaudible at the closest eastern and
western boundaries, therefore complying with the requirements of the Noosa Plan.

In order to comply with the background noise levels, it is recommended that conditions be included
restricting the use to operate only during the daytime from 0700 to 1800 hours, 6 days per week
(Monday to Saturday, excluding public holidays) with no further noise control measures required.
The detailed report undertaken by a qualified acoustic consultant demonstrates that the existing
business will not interfere with the amenity of the neighbourhood from noise and meets the relevant
Probable Solutions and Specific Outcomes.

Carparking and Access

The Specific Outcomes O58 and O59 of the Business Uses Code seeks for safe vehicular access
and adequate off-street vehicle parking be provided without adversely impacting on the safety of the
traffic network or adjoining properties.

Boronia Road is a sealed road constructed as part of an early stage of a rural subdivision, which was
refused on vegetation and flooding grounds for the further stages. As a result, the site includes a
sealed road for the length of its frontage with Boronia Road and is the last property along this road.

The owner indicates that an aluminium truck uses the site once a month and a gas truck twice a
month both using a 9 tonne - 2 axle rigid vehicle. The delivery truck arrives during normal business
hours and uses the grass areas surrounding the driveway to turn around on the site without adversely
impacting on the traffic network.

There is a large flat grassed area located to the west of the shed, which is accessible from the main
driveway and screened from the road by existing vegetation. This area is capable of allowing for
more than 6 staff vehicles and finished van products prior to delivery off site. This area is largely
screened from view of neighbouring dwellings and does not adversely impact the amenity of
adjoining properties.

Bushfire Hazard

Although the workshop building is more than 50m away from the vegetation to the north, the site is
mapped within the bushfire hazard buffer area and triggers assessment against the Natural Hazards
Overlay Code for a type 3 – significant scale home based business use. It is noted that a Home
based business type 2 Evident is not triggered by the code, which allows classes of more than 10
people to be involved in activities on a site (more people).

Specific Outcome O4 of the Bushfire Hazard Code seeks for new uses to not compromise the safety
of people or property from bushfire. Considering the restrictions on customers visiting the site, and
only 6 staff appropriate workplace health and safety procedures require the business to include
appropriate evacuation and workplace safety plans. Appropriate planning will be included in these
plans to account for the risk of bushfire hazard.

In addition, the shed has access to water supply from the two onsite dams, bore water and the
swimming pool with more than 5,000L of water for firefighting purposes. Considering the restrictions
imposed on staff numbers, the 50m existing setback to the bush and the sealed road directly
accessible from the site (not requiring vehicular access through a fire risk area), the ongoing use of



              martoo consulting
              town planners + urban designers + development managers                         page 9 of 11

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the existing shed will not compromise the safety of people or property from the bushfire hazard
consistent with the Specific Outcome.

Agricultural Land Conservation

The 4 ha site is located within the good agricultural land conservation area and triggers assessment
against the Natural Resources Overlay Code. The relevant Specific Outcomes of the Code seek for
new uses that permanently alienate agricultural land from production are not located within the
Agricultural Land Conservation Areas.

The existing business is located within the existing 360m2 workshop building and is not located next
to any existing farms. The shed size is akin to a rural machinery shed and does not fragment, alienate
or diminish the site’s future use for agricultural productivity. As a result, the proposed use is
consistent with the relevant Outcomes of the Overlay Code.

Infrastructure

The site is connected to all existing infrastructure services including:

      -   Existing tank, bore and dam water on the site.
      -   Existing above ground electricity supply within the Boronia Rd frontage.
      -   Existing onsite effluent disposal system, which is capable of servicing residents and staff.

The existing development does not impact on the capability of infrastructure services and utilities,
consistent with the relevant Outcomes of the Business Use and Locality Codes.


5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The following assessment benchmarks are
applicable and have been appropriately considered in preparing this development application:

 State interest                          Assessment against assessment benchmark
 Bushfire Hazard                         The State Planning Policy requires any material change of use within a
                                         bushfire hazard prone area mitigates the risks to people and property to
                                         an acceptable or tolerable level. The workshop is within the potential
                                         bushfire hazard buffer area and more than 50m away from the existing
                                         vegetation to the north.
                                         Considering the large buffer area from the vegetation, access to the site
                                         outside of the buffer, the availability of water son the site, the temporary
                                         use of the shed to daytime hours, and the ability to manage staff to
                                         ensure the use mitigates the risks to people and property.



                 martoo consulting
                 town planners + urban designers + development managers                                  page 10 of 11

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6.0 Summary of supporting information
Supporting documentation
 Report title                                         Prepared by          Date        Version


Aspect of development: Noise
Attachment 1                                          David      Moore   & 31 Oct 2017 0
Acoustic Assessment                                   Associates



7.0 Conclusion
This application seeks a Development Permit for Material Change of Use for a Home Based
Business Type 3 - Significant Scale within the Rural zone at 54 Boronia Rd, Cootharaba. The
proposal is impact assessable development under The Noosa Plan. The assessment finds the
development meets the relevant Outcomes of the Noosa Plan subject to the following grounds of
approval, including:

   -   The proposed use is located, designed and will be managed so as to avoid significant
       adverse impacts on the amenity enjoyed by users of other premises, including acoustic and
       visual qualities;
   -   The impacts of the use are contained so the rural and bushland character and lifestyle
       enjoyed by residents and visitors is retained; and
   -   The business use contributes positively to the Shire’s economy and employment.

The Assessment Manager’s favourable consideration of the above development application is
therefore recommended.




             martoo consulting
             town planners + urban designers + development managers                              page 11 of 11

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