Development Application MCU14/0067 - Material Change Of Use For Industrial Business Type 1 Warehouse (Self Storage Facility) At 77 Rene Street, Noosaville

DEVELOPMENT APPLICATION MCU14/0067 - MATERIAL CHANGE OF USE FOR INDUSTRIAL BUSINESS TYPE 1 WAREHOUSE (SELF STORAGE FACILITY) AT 77 RENE STREET, NOOSAVILLE

Document information

Author	Senior Development Planner, Denis Wallace
Planning & Infrastructure Department

Index	ECM/Application/MCU14/0067

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	Logan Superannuation Fund C/- KHA Development Managers
Proposal	Material Change of Use of Premises - Industrial Business - Type 1 Warehouse (Self Storage)
Properly Made Date	25 August 2014
Information Request Date	10 September 2014
Information Response Date	15 September 2014
Decision Due Date	19 November 2014 (1st Decision Period)
Number of Submissions	One (1)
PROPERTY DETAILS
Property Address	77 Rene Street Noosaville
RP Description	Lot 2 SP244573
Land Area	4,005m2
Existing Use of Land	Vacant
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Shire Business Centre (Precinct E4)
Overlays	Environmental Protection/Enhancement Area Koala Habitat Area Medium Bushfire Hazard Area High Potential Acid Sulphate Soils Area
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Senior Development Planner to the Planning & Organisation Committee Meeting dated 11 November 2014 regarding Application No. MCU14/0067 for a Development Permit for a Material Change of Use for an Industrial Business – Type 1 Warehouse (Self Storage) situated at 77 Rene Street, Noosaville and approve the application in accordance with the following 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 below and as may be amended by the conditions herein.
Plan No.	Rev.	Plan/Document Name	Date
S8166-MS01	A	Master Site Plan prepared by Milanovic Neale Consulting Engineers	20/08/14
WD-03.01	C	Proposed Floor Plan – Ground prepared by Elevation Architecture Studio	February 2014
WD-03.02	C	Proposed Floor Plan – First prepared by Elevation Architecture Studio	February 2014
WD-03.04	A	Proposed Roof Plan prepared by Elevation Architecture Studio	February 2014
SK-03.02	C	3D Views prepared by Elevation Architecture Studio	20/08/2014
SK-04.01	B	Proposed Elevations prepared by Elevation Architecture Studio	20/08/2014
Nature and Extent of Approved Use
No external storage or use areas are approved on the site.
Any display and retail sale of goods must remain an ancillary component to the approved use and must not exceed an area of 100m2.
Built Form
The building must incorporate a minimum of 600mm eaves to at least 75% of the perimeter of the building.  Amended plans demonstrating compliance must be submitted to Council prior to the issue of a Development Permit for Operational Works.
Building Height
The maximum height of the development must not exceed 8metres above the finished ground level and the natural ground level.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and The Noosa Plan’s Planning Scheme Policy 3 Landscaping Plants and Guidelines for that specific area and must include:
The landscaped areas as generally shown on the approved Site Plan, except where amended by conditions contained herein.
Trees within the front setback area and to soften building bulk.
All plantings near storm water infrastructure are to be coordinated with the approved hydraulics plans and must not interfere with the operational function of the storm water devices, either by root interference, shading or other means.
Landscaping plans must show the location of all water quality devices.
Retention of existing street trees.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
ENGINEERING
Carparking and Driveways
Sealed car parking and access driveway must be provided generally in accordance with Drawing No: S8166 – MS01- Revision (A) titled Master Site Plan dated 20/08/2014 by Milanovic Neale Consulting Engineers.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
The car parking must be in compliance with the provisions of the current AS/NZS 2890.1 off-street car parking (particularly Section 2.4.4) and the relevant sections of AS/NZS 2890.6 off-street car parking for people with disabilities.
Compliance with the relevant sections of AS/ANZ 2890.2 Off-street commercial vehicles facilities.
Traffic control and directional signage within and at the entry of the site must be provided in accordance with the design engineer recommendations and in compliance with the Manual of Uniform Traffic Control Devices (MUTCD).
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Any building, structure and/or installation (e.g. sliding gate and associated mechanism) must not encroach onto, or negate the conditions of, the registered easement/s along the front boundary of the site.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval in compliance with the relevant sections of Queensland Urban Drainage Manual, the relevant Codes and Policies of The Noosa Plan and supported by a detailed stormwater drainage report and design based on field survey and prepared and certified by a suitably qualified and experienced Registered Professional Civil Engineer, and must include in particular:
Where is considered effective and practical all roof runoffs should be directed to water tanks with overflows and surcharge be discharged into a lawful point of discharge.
Stormwater detention to cater for all flows from the outdoor areas and any possible stormwater surcharge from the roof drainage system during heavy rainfall events to maintain predevelopment stormwater runoff, and to address any potential of adverse impact by the development on the existing drainage conditions on other properties.
Plans submitted for operational works approval must include bioretention which demonstrates that stormwater runoff shall be treated to achieve 80% Reduction in Total Suspended Solids, 60% Reduction in Total Phosphorous and 45% Reduction in Total Nitrogen prior to discharge from the site compared to if there was no water pollutant mitigation incorporated into the design.
Where biobasins are proposed on site to achieve compliance with the above Reduction parameters, calculations to determine filter media area and detail design must be consistent with current best practice methods as detailed in the Bioretention Technical Design Guidelines Version 1, October 2012.
Bioretention basins must include 1:4 batters between the dedicated filter media area and the surrounding ground surface. Batters are not included within filter media footprint area calculation.
Bioretention basin layout and setting must be consistent with landscape design for the site.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Advisory Notes
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.  You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any obligations under the ACH Act.

Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
The applicant is advised that the development works for this permit may require payment of a compliance bond (to be determined in Operational Works Permit) in accordance with Council’s policies.  The payment of the bonds will be required prior the prestart meeting for the Operation Works.
The Building and Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit where one is required for the 'Building and Construction Industry'.  This applies to Building Works, Operational Works and Plumbing and Drainage Works applications, as defined under the Sustainable Planning Act 2009, where the works are $80,000 or more and matching the definition of 'Building and Construction Industry' under the Building and Construction Industry (Portable Long Service Leave) Act 1991. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.  Should you require clarification in regard to the amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855

REPORT
PROPOSAL
The application seeks approval for a Material Change of Use of premises for an Industrial Business – Type 1 Warehouse for the purposes of a self-storage facility. The proposed development comprises a single 2 storey building sited in the middle of the lot with 8 car parking places located along an internal access loop driveway.

The storage units are a mixture of sizes, ranging in area between 0.8m2 to 18m2. The building is a simple colorbond industrial shed with some embellishments to the front façade. The internal storage units are arranged over 2 levels accessed by a single goods hoist. The building has a maximum height of 7.3m. No on-site management office component is included, with this function to be provided at the applicant’s existing self-storage facility at 78-80 Rene Street. A copy of the proposal plans is included as Attachment 1.

The application is before Council as it seeks a relaxation of the maximum plot ratio (gross floor area) identified for the site under The Noosa Plan.
site details
Site Description
The site is a rectangular shaped 4,005m2 lot, which is relatively flat and has been cleared. The lot was one of 7 recently created within the southern portion of Precinct E4 of the Noosa Business Centre (NBC), which are accessed via a common internal access road across the frontage of the lots within an access easement. Existing drainage swales and infrastructure have also been constructed at the frontage and provide a discharge point for stormwater.
Surrounding Land Uses
To the rear are industrial uses within the Industrial Zone, to the south are further industrial uses located in Precinct E3 of Shire Business Centre Zone. An environmental reserve is to the east directly across Rene Street, further northeast is Noosa Civic. A Masters Home Improvement store and additional showroom is approved by Court order on vacant land to the north within the NBC. An approved food distribution warehouse is currently under construction on the adjoining lot to the north. A locality map and aerial photograph of the site is shown below.

Figure 1 – Locality Map

Figure 2 – Aerial Photograph
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policies
The application has been assessed against the provisions of State Planning Policy July 2014 and can be conditioned to comply. In particular, conditions are recommended to ensure water quality outcomes are adequately addressed at operational works approval stage.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan and the proposal is consistent with the regional policies of the SEQ Regional Plan.
Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality, is zoned Shire Business Centre Zone and falls within Precinct E4 of the zone. The proposed industrial use is identified as consistent use within the precinct and is required to follow an impact assessable application process.
Locality Provisions
The Noosaville Locality Code provisions seeks uses in Precinct E4 that provide for an expansion of the Noosaville Industrial estate and future employment growth and are compatible with the businesses in Precinct B3, containing Noosa Civic. The proposed self-storage facility generally aligns with these outcomes and provides an appropriate use in the transitional precinct between the industrial estate and adjacent business uses.
The proposal meets the built form and site layout requirements of the Code or can be conditioned to comply, with the exception of the provisions for plot ratio (being gross floor area/total site area). Specific outcome 016 of the Code identifies a maximum plot ratio of 0.6, which equates to a maximum gross floor area of 2,403m2 for the site. The proposed development has a gross floor area of 3,723m2 and a plot ratio of 0.93. As such, the application seeks a substantial relaxation of this built form provision.
It is considered there are strong grounds to support the relaxation, being:
No plot ratio limits apply to industrial development within the adjoining Industry zone.
Draft planning scheme amendments currently being considered by the State remove plot ratio limits for Industry uses.
The building otherwise meets built form provisions for the site and a complying building could take the same external form.
The relaxation does not raise significant planning concerns and the proposed industrial building is considered appropriate for the site. The proposal will not have significant visual amenity impacts and is consistent with the overall outcomes for the Noosaville Locality Code.
Land Use & Works Provisions
The following codes which regulate land use and design are applicable to this application:
•	Landscaping Code
•	Engineering Works Codes
The application has been assessed against each of the above applicable codes and found to be compliant with, or can be conditioned to comply with each.
Overlay Provisions
The Natural Hazards Overlay Code applies to the application and the development complies with the Code.
cONSULTATION
IDAS Referral Agencies
The application was referred to the State Assessment and Referral Agency as the site is within a Coastal Management District. The Agency provided its concurrence response dated 29 September advising it had no requirements.
Other Referrals
The application was referred to the following internal Council specialists:
Engineering Officer
Environment Officer
Their comments form part of this report.
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. One properly made submission was received from a commercial competitor. The following table provides a summary and assessment of the issues raised by submitters.

Issues	Comments
Building façade does not meet the requirements of the Business Uses Code	The façade is considered to meet the Specific Outcome of Code, which seeks to avoid unbroken and continuous blank walls, as it includes a mixture of materials and finishes.  The building is setback 15m from Rene Street and includes landscaped areas in the front setback.  Recommended landscaping conditions require plantings in front of the building to soften the building bulk.  A further condition is recommended requiring the addition of eaves to the roofline in accordance with code requirements.
The requested plot ratio should not be supported	The relaxation is supported on the grounds identified in this report.
Inadequate landscaping is proposed.	Adequate landscaping is proposed for the site, with 14.5% of the site proposed as landscaped area in excess of the 10% minimum required for the site and conditions recommended to ensure an adequate landscaping outcome.
conclusion
The proposed self-storage facility generally complies with the provisions of The Noosa Plan, with the exception of the plot ratio limit. The relaxation sought does not raise significant concerns and is supported on the following grounds:
No plot ratio limits apply to industrial development within the adjoining Industry zone.
Draft planning scheme amendments currently being considered by the State will remove the plot ratio requirement for Industry uses.
The building otherwise meets built form provisions for the site and a complying building could take the same external form.
The proposal will not have significant adverse impacts on the visual amenity of Noosaville and is recommended for approval, subject to conditions.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health	X	DA Planning
	Community Facilities	X	Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
		X	Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	11 NOVEMBER 2014

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