2018-05-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        8 MAY 2018


3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
   the change would not result in a substantially different development as it seeks to remove 1
     condition only;
   the change does not include prohibited development;
   the change would not require the application to be referred to an additional referral agency
     or cause a referral agency to have regard to new matters prescribed by regulation;
   where the original application was code assessable, the change would not cause the
     application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Mary River Catchment Locality and is zoned Rural. The existing
use is identified as a Home-Based Business Type 3 (Significant Scale), as the business is carried
out in an associated building and outdoor area on the lot to which the dwelling is located.
The home-based business use is identified as a consistent use within the zone, which was
subject to the impact assessment process. The Overall Outcomes of Mary River Locality Code
mention maintaining rural character, lifestyle and its primary use as agriculture. In particular,
Outcome 8.8.2 g) details that Home Based Businesses are promoted where they are consistent
with the amenity of the locality and environmental qualities.
The applicant has applied to remove a condition from the existing permit that specifies a lapsing
date of the use, as follows.
Condition 16
16     Pursuant to s342 of the Sustainable Planning Act 2009, this development approval lapses
       on 31 March 2015, unless application is made and approved by Council for extension.
Applicant’s Request
The applicant wishes to have an MCU with no expiry date. The applicant states: I have invested
a lot of time and money into the original application process with Council, to obtain a MCU on my
property. I applied for a MCU on my property and not a permit to operate. The permit to operate
the tours in the National Park was approved before making application for the MCU and was not
a decision to be made by Council. To date neither our business nor any overseeing departments,
including Council have ever received a complaint. The business has always adhered to all
conditions as set out in the MCU as well as those in our National Park and Queensland Police
Permits. I trust Council to assist my small business based on the proven success over the last
five years.
Assessment of Request
The condition was applied to allow Council to discontinue the use in the event the business did
not comply with Council’s requirements or was found to cause undue impacts on the area. This
was also due to the fact there was significant community interest in the use at that time. Council’s
Development Compliance Officer has undertaken inspections and confirms the business
operates in accordance with the development conditions and no complaints have been received.
No reasons exist for the development approval to be discontinued and deletion of condition 16 is
supported.



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