Delegated Report - Code - Planning MCU20 0067 · MCU20/0067

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0067
Applicant	AQH Storage P/L
Proposal	Material Change of Use - Ancillary Dwelling Unit
Properly Made Date	29 July 2020
Information Request Date	14 August 2020
Information Response Date	31 August 2020
Decision Due Date	16 November 2020
Report Completed Date	26 October 2020
Report Reviewed By	Patrick Murphy
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	6/11 Bartlett Rd Noosaville
RP Description	Lot 6 SP 190837
Land Area	211 m²
Existing Use of Land	Industrial building

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazards (Low Potential Acid Sulfate Soil)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Ancillary Dwelling Unit for a caretakers unit within Lot 6 of the existing industrial complex at 11 Bartlett Street, Noosaville. The caretakers unit is proposed to be located on a mezzanine floor and comprises an area of 50m2 and includes one bedroom, open plan kitchen and living areas and a bathroom and laundry.
The applicant provides the following information justifying the proposed caretakers:
My client operates a building company from the shed. The owner stores the company building material and tools that employees pickup and drop off before and after each job – often very early in the morning and late into the evening. The company often meet clients before and after business hours at the premises making the business day long. My client is often required to work into the evenings and over the weekend from the premises - cleaning up and preparing for the coming week and he often needs to be onsite for the delivery of building materials before and after business hours during the week. The caretakers residence is a fatigue strategy for the owner! The owner works long hours, the onsite accommodation will be valuable to his health and reduce travel fatigue when required.
The proposal plans also detail an additional storage and mezzanine areas totalling 66m2 on the upper floor level, however this does not form part of the application.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

site details
Background
The subject site (Lot 6) is located on a site that contains two large industrial buildings with a central carpark.  The northern building comprises industrial sheds whilst the southern building was approved by Court Order in 2001 (Appeal No 3539/2000) for a bowling alley and one industrial unit. The bowling alley (Noosa Ten Pin Bowling and laser tag) that previously operated on the site have recently ceased operation.
The subject site comprises the industrial tenancy that was approved as part of the bowling alley and has been used for industrial purposes.

Site Description
The subject site comprises Unit 6 which is located at the western edge of the southern industrial building. The existing buildings on site are of masonry construction with roller door access to a central carparking area.
The entire development supports a range of industrial uses.

Surrounding Land Uses
The site is located on the western edge of the Noosaville industrial estate and adjoins industrial premises to the north and west. Residential properties located in Lake Entrance Boulevard and Gumdale Court adjoin the western and southern boundaries and it is noted that an easement runs along the boundaries of the adjoining residential properties restricting development.

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
The Noosa Plan (2006).
The following codes from the Noosa Plan (2006) are applicable to this development:
The subject site is located in the Noosaville Locality and is zoned industry. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The Noosa Plan 2006 defines an Ancillary Dwelling Unit as:
Ancillary dwelling unit means the use of premises for a caretaker’s residence or employee residence associated with a non-residential use on the same premises where:
There is no other dwelling unit on the premises, except where the non-residential use is an agricultural use;
The gross floor area of the dwelling unit does not exceed 150m2;
The dwelling unit is subordinate to the non-residential use;
The dwelling unit is attached to or within 25m of the non-residential use; and
The dwelling unit is occupied by the owner of the non-residential use or somebody employed in the non-residential use
The Noosa Plan further defines a caretakers residence as:
caretaker’s residence means a dwelling unit situated on the same premises as a business use, community use or infrastructure use where it is occupied by the owner or employee of the business or operation for reasons of ensuring security and maintenance of the business or operation.
The applicant has provided limited information and planning grounds as to why the caretakers is required stating:
My client operates a building company from the shed. The owner stores the company building material and tools that employees pickup and drop off before and after each job – often very early in the morning and late into the evening. The company often meet clients before and after business hours at the premises making the business day long. My client is often required to work into the evenings and over the weekend from the premises - cleaning up and preparing for the coming week and he often needs to be onsite for the delivery of building materials before and after business hours during the week..

The Noosa Plan identifies that an ancillary dwelling unit is a consistent use within the Shire Business Centre Zone and requires an application to be subject to Code assessment. In this instance the ancillary dwelling unit is the only dwelling unit proposed for the whole of the development and contains 1 bedroom. The proposed size of the unit at 50m2 is considered reasonable as it remains subordinate to and associated with the industrial use and limits the type of occupation, e.g. not suitable for a family.
The proposed layout includes a reception/office (33.5m2) and consultation area (51.3m2) totalling 84.8m2 which is larger than the 20% administration and 20% retail of the total use area of the tenancy, permitted under the industry use definition. The total use area on the ground floor is 186.7m2 and 37.34m2 is permissible for the retail component and 37.4m2 for the administration component.  A condition is included to ensure the floor space for retail and administration does not exceed the thresholds and the plans annotated accordingly.
Layout
The proposal plans and planning report detail that additional storage areas and a mezzanine level will be constructed on the upper floor as an extension to the ancillary dwelling unit.  The applicant considers this to be ‘minor building work’ not requiring planning approval, carparking or attracting infrastructure charges.
The applicant also states that the new floor area comprises an additional 47m2 however a review of the plans indicates that the area is 66m2 (including mezzanine area).
The assessment table for the industry zone details that an Industrial Business Type 1 (warehouse) is a code assessable use and that an Industrial Business Type 2 (production, alteration, repackaging & repairing is acceptable development where not involving any new building or expansion of buildings, or otherwise it is code assessable.
It is noted that the applicant choose to only apply for the Ancillary Dwelling unit use, and not an extension to the industrial business use.  The plans show an increase to the upper floor of the industrial use (storage and mezzanine), and therefore a code assessable application will be required for the additional floor area. The applicant was asked to respond to this aspect in the information request, but maintains they do not require planning approval to do expand on the industrial use.
Therefore, this additional floor space shown on the top floor is not approved and the plans will be annotated accordingly.

Carparking
One additional carparking space is to be provided for the proposed Ancillary dwelling unit.
The original Court Order for the Bowling Alley detailed a requirement for 78 spaces for the site and 78 have been provided.  The rates are as follows:

Existing industrial premises: 1667m2 - 1 space/50m2 = 33.34 cars
Industrial premises: 198.6m2 – 1space/50m2 = 4 cars
Bowling alley: 1269m2 	= 40.6 spaces
The Bowling alley has now ceased operation and is being converted to use as industrial tenancies. As the site will be used for industrial uses carparking is to be provided on site based the Noosa Plan 2018 rates of:
1 space per 30m2, or part thereof, of use area, for areas up to 150m2; AND
1 space per 50m2, or part thereof, of use area, for areas up to 500m2; AND
1 space per 100m2, or part thereof, of use area in excess of 500m2;
The existing approved floor area for the whole site totals 3134.6m2 which equates to a requirement for 39.8 spaces which results in sufficient carparking being available on site for the ancillary dwelling unit.

Noosa PLAN 2020
The Noosa Plan 2020 commenced 31st July 2020 and includes the site in the Low Impact Industry zone in which Caretaker Accommodation is indicated as being a code assessable application where it does not exceed 65m2. The Plan indicates that the use is required to be assessed against the Noosaville Local Plan Code as well as the Low Impact Industry zone code. The Low Impact Industry Zone Code provides the following at PO7:
Caretaker’s accommodation
PO7 Development for caretaker’s accommodation:
1. is directly associated with and subordinate to the industry activity on site;
2. demonstrates a demand for 24 hour care of buildings, operations, plant or equipment;
3. is not separately let for other accommodation activities;
4. includes no more than one caretaker’s accommodation per site;
5. is on a site with an area of at least 2,000m2;
6. has a maximum gross floor area of 65m2; and
7. is occupied by at least one person who is employed by the primary non-residential use onsite.
The industrial activity proposed is likely to be defined by the Noosa Plan 2020 as Medium Impact Industry (Transport depot, distribution centre, contractors depot and storage yard).
The proposed caretakers is 50m2 with 1 bedroom and is subordinate to the industrial activity.  The applicant indicated that although the owner is required after hours, as in early in the morning and late in the evening, it may not be necessary to be on site 24 hours a day.

cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
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 MCU20/0067 for a Material Change of Use - Ancillary Dwelling Unit situated at 6/11 Bartlett Rd Noosaville and described as Lot 6 SP 190837, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0067
Street address:	6/11 Bartlett Rd Noosaville Qld 4566
Real property description:	Lot 6 SP 190837
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Ancillary Dwelling Unit
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
A.01	-	Site Plan, prepared by Bright Building Design	28.8.2020
A.02	-	Existing Ground Level Floor Plan, prepared by Bright Building Design	28.8.2020
A.03	-	Proposed Floor Plans, (as annotated by Council) prepared by Bright Building Design	28.8.2020
Nature and Extent of Approved Use
The Ancillary dwelling unit is to have a maximum gross floor area of 50m2.
Any display and retail sale of good and office/ administration areas must remain an ancillary component to the approved industrial use and not exceed 20% for retail and 20% administration of the total use area of the tenancy.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 26 October 2026 unless an application to extend the currency period is approved by Council.

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:
Additional use area for Industry
The proposed extensions to the upper floor area as shown on the plans (and as annotated by Council) of the industrial use (mezzanine level) are not part of this approval.  This will require an application for a Material Change of Use to be lodged. Additional car parking is required for this floor area and infrastructure charges apply.
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
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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