Delegated Report - Code - Planning MCU20 0008

MCU20/0008 – DEVELOPMENT Application for MATERIAL CHANGE OF USE FOR ancillary dwelling unit at 1/33 gateway drive, Noosaville

Document information

Author	Development Planner, Nadine Kirley
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU20/0008

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Application No.	MCU20/0008
Applicant	Turner Property Group Pty Ltd Tte
Proposal	Material Change of Use - Ancillary Dwelling Unit
Properly Made Date	5 February 2020
Information Request Date	3 March 2020
Information Response Date	20 March 2020
Decision Due Date	28 May 2020
Report Completed Date	11 May 2020
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	Noosaville Industrial Service Park Two 1/33 Gateway Dr Noosaville Qld 4566
RP Description	Lot 1 SP 170305
Land Area	153 m²
Existing Use of Land	Industrial

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazards Overlay (Low Potential Acid Sulfate Soil)
Assessment Type	Code

RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting dated 18 May 2020 regarding Application No. MCU20/0008 for a Development Permit for Material Change of Use – Ancillary Dwelling Unit, situated at 1/33 Gateway Drive, Noosaville and:
A. 	Refuse the application for the following reasons:
1.	The proposed development is not for an Ancillary Dwelling Unit as defined under section 2.11.5 of the Noosa Plan because:
a)	A detached house is proposed on the premises;
b)	The proposed dwelling unit is not subordinate to the non-residential use;
2.	The proposed development is for a detached house which under Table 11.9 of Division 10 of the Noosaville Locality Plan is an inconsistent use in the Industry Zone requiring impact assessment.
3.	The proposed development is inconsistent with the Noosaville Locality Code in the following respects:
a)	The proposed use will be incompatible with other uses and works on the premises contrary to 11.7.2(a)(i) of the Overall Outcomes Division 16;
b)	The proposed use fails to protect the subject premises for industrial functions to the exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall Outcomes Division 16;
4.	The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the Detached House Code as land zoned industrial is not suited for residential use and would be located in the vicinity of land uses which would adversely impact the occupation and use of buildings and the site by residents and would result in the residential development preventing or inhibiting the conduct of existing land uses.
5.	The proposed development fails to provide sufficient car parking on site for the dwelling unit and the non-residential use contrary to Overall Outcomes 14.110.2 c) and d) and Specific Outcome O7 of the Driveways and Carparking Code.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks approval for a Material Change of Use - Ancillary Dwelling Unit for a caretaker’s unit within Lot 1 of the industrial complex at 33 Gateway Drive, Noosaville. The applicant proposes a 79.6m2 caretaker’s residence comprising 2 bedrooms, 2 bathrooms and living areas. The location of the proposed development is identified on the location plan at Figure 1.
The dwelling is proposed to be located on a mezzanine level constructed inside the existing building. Access to the ancillary dwelling unit is proposed via an internal staircase to the mezzanine level from the existing pedestrian entrance to the premises. Figure 2 shows the proposed layout of the proposal while Figure 3 shows the location of the proposed ancillary dwelling unit within the industrial complex at 33 Gateway Drive.
New louvre windows are proposed in the rear (western) wall of the existing building. An additional internal pedestrian door is provided as access into the ground floor tenancy. A solid, windowless, internal wall is proposed to separate the mezzanine from the warehouse space below.

Figure 1: Location Diagram

Figure 2: Proposed floor plan and access to Ancillary Dwelling on Mezzanine within existing building

Figure 3: Site Plan
Background
On 16 January 2003, a Development Permit for Material Change of Use for Service Industry, Warehouse and Service Shops, together with a Reconfiguring a Lot (12 lots) was issued (22850 DA 132002.220270.3).
Subsequent representations were made on the conditions and a Negotiated Decision was issued 10 April 2003:
Nature of change –	change to MCU conditions 1, 7, 12, 16 31, 35, 39 relating to matters concerning approved plans, colour scheme, existing trees cash bond, ,road reserve width, street drainage, water connection) and delete condition 45 relating to easements over services;
Change to RAL conditions 23, 24, 40 relating to matters concerning new road construction, road reserve width and deleted conditions 35 & 44 relating to easements over services, connection to water.
Subsequent changes to the approval have been sought and determined since that time as follows:
22850 DA (132002.220270) – Change to an Existing Approval – 17 July 2003
Nature of change – 	amend MCU Condition 49 relating to geotechnical matters and RAL Condition 29 relating to filling and battering of earthworks
22850 DA (132002.220270.2) – Change to an Existing Approval - 31 January 2005
Nature of Change –	change MCU condition 3 relating to 30% landscaping area and condition 25 relating to car parking provision and include one additional condition restricting dividing fences on common side boundaries
132002.220270.3 – Change to an existing Approval - 15 November 2012
Nature of Change –	change Condition 1 relating to approved plans and include an additional advisory note relating to infrastructure charges
132002.220270.4 – Generally In Accordance – 10 August 2016
Nature of application - relocation of building to 0.05 to OMP from eastern boundary; reconfiguration of unit walls; compliance with disabled car parking; and new bio retention basin
132002.220270.5 – Minor Change to an Existing Approval – 27 June 2018
Nature of change – add caretaker’s residence to Unit 4/40 Gateway Drive
The original approval included 12 lots, one of which is the subject site at 33 Gateway Drive, Noosaville. No. 33 Gateway Drive is identified as Lot 2 in the original approval, and was approved for Service Shop and Service Industry or Warehouse. Lot 1, the subject of this application, was identified for Service Industry or Warehouse uses. A Community Titles Scheme was executed over the site.  A single car space was allocated to staff of each lot within the scheme.

Subject site
Subject site

Figure 4: Extract from Approved Plan (22850 DA 132002.220270)
Site Description
The site is generally flat and fronts Gateway Drive on its eastern boundary. The existing tilt-up concrete building accommodates 7 tenancies along the length of the site. A 6 metre wide vegetated buffer is located along the western boundary behind the existing building. Carparking for the development is located east of the building with landscaping fronting Gateway Drive.
Surrounding Land Uses
The surrounding area is primarily industrial in nature. The subject site is located among the industrial lots created as a result of the reconfiguring a lot approval decided 16 January 2003.  Figure 5 below identifies the site in relation to the 12 lot subdivision approved at that time. The site is located on the opposite side of Gateway Drive, and approximately 72 metres from the existing caretaker’s residence approved at 40 Gateway Drive (formerly Lot 12 in the approved plans) (refer to Figure 6).
The site is one of the western-most parcels of the original subdivision and backs onto the drainage reserve which features a wide vegetated corridor draining to Lake Doonella (refer Figure 7). The subject site is located approximately 78 metres from nearby residential premises to the west. There are no clear visible sightlines to the residential properties west of the drainage reserve.

Subject site
Subject site
Figure 5: Approved Site Plan (22850 DA 132002.220270)

Figure 6: Location of proposed ancillary dwelling unit in relation to existing approved ancillary dwelling unit.

Figure 7: Drainage corridor and vegetated buffer to rear of site

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.
The proposal is generally consistent with the State Planning Policy, Regional Plan and Planning Regulation 2017.
The following codes in the Noosa Plan are the applicable benchmarks for this development proposal:
Noosaville Locality Code
Detached House Code
Natural Hazards Overlay Code (Acid Sulfate Soils)
The subject site is located in the Noosaville Locality and is zoned Industry. An ancillary dwelling unit is identified as a consistent use with the zone and is required to follow a code assessable application process.
The pertinent issues arising out of the assessment are discussed below:
2.2	Ancillary Dwelling Use
Noosa Plan defines ancillary as follows:
‘ancillary means associated with, but incidental and subordinate to.’
The subject site is 153m2 in area with the proposed ancillary dwelling being 79.6m2. While the proposed area is within the maximum 150m2 defined for an ancillary dwelling unit in the Noosa Plan, the proposed ancillary dwelling is more than half of the size of the use area and is not considered to be ancillary given its size in context of the use area.
The applicant has indicated in the supporting material supplied with the response to the information request that the caretaker’s residence is proposed to provide security to the premises due to multiple attempted break-ins. The applicant indicates that the caretaker’s residence will only be used some of the time stating:
‘the dwelling unit will only be used part time or when the tenant stores company vehicles and building materials’ on site. This would imply that storage is to occur from time to time. The applicant also states that the caretaker’s residence is proposed ‘to enable the owner or an employee the opportunity to occupy the tenancy over a 24-hour period and provide security for the tenancy’.
From the information provided, the business use currently being carried out on the premises falls within the definition applicable to Industrial Business Type 2 Production, alteration, repackaging & repairing which is accepted development in the industry Zone if not involving any new buildings or the expansion of building or outdoor use area and complying with the Business Uses Code.
No detailed information has been provided that demonstrates or justifies the need for the caretaker’s residence. Further evidence has not been provided to demonstrate that site security is warranted for the type of industrial activity that is undertaken on the site, noting that there is no outside storage or use areas with the business use fully contained within the existing building.
It is also unclear why the proposal needs to be large enough to include 2 bedrooms and 2 bathrooms for an employee to stay overnight to monitor stored vehicles and materials on a part time basis. The information provided by the applicant in the supporting material is not considered to provide adequate justification for the need for the use on the site and that it will operate as an ancillary dwelling unit.
The inclusion of a detached house in the industrial zone is likely to result in conflicts between industrial and residential uses which can lead to constraints on industrial activity which would normally be compatible with the industrial zoning. If a direct link between the residential use and the associated business cannot be drawn which clearly demonstrates the need for the residential use it raises questions as to the appropriateness of the residential use in the proposed location.
2.3	Car Parking
The applicant has proposed to use the car parking space closest to Unit 1 for the caretaker’s residence parking space. The approved plans for the original application for the site allocates 18 car parking spaces to Lot 2 (33 Gateway Drive) and 1 space to each tenancy within the building for staff parking. (refer Figure 1 above and Figure 10).

Figure 10: Extract from approved plans for Lot 2 (22850 DA 132002.220270)
The community management statement prepared for the strata titling of the development reflects this allocation of parking in accordance with the conditions of the higher order approval.  Schedule E within the community management statement provides exclusive use of Area A to Lot 1 on SP170305 (see Figure 11).

Figure 11: Schedule E Exclusive Use Areas of Common Property at 33 Gateway Drive.
Figure 12 below shows the location of Area A in relation to the subject site.

Figure 12: Extract from Exclusive Use Plan showing Location of Area A.
The proposed caretaker’s unit does not reduce the available use area for the industrial use as it is to be accommodated on a proposed mezzanine level. The Noosa Plan requires 1 space / 50m2 of use area for industrial uses. This would mean that the 153m2 use area on Lot 1/33 Gateway Drive would normally be required to provide 3 spaces. Given that 1 space has been dedicated to lot 1, a reduction in carparking has already been approved by the requirement for 18 car parking spaces for the whole site.
Presently the car parking area accommodates only 17 car parking spaces.
Under the current Noosa Plan 2006, Ancillary Dwelling Unit requires 1 space to be provided. The total car parking required for the site would therefore be 19 spaces if the caretaker’s residence were to be approved. It is unlikely that additional car spaces could be developed on site without adversely impacting on the required landscaping for the site.
2.4	Safety and Security
Overall Outcome 14.51.2 (e) of the Detached House Code seeks to ensure that dwellings are provided with high levels of amenity, safety and security for occupants.
The proposed caretaker’s residence is located wholly within the building with no casual surveillance opportunities to either the entrance of the building or the car park. The inclusion of windows in the western wall which fronts the vegetated buffer to the drainage reserve at the rear of the site has the potential to undermine the security of the site as they are located at the rear, screened from view of any nearby casual or natural surveillance opportunities.
The access to the existing warehouse premises is via a high roller door or a glazed door. Windows at ground floor level are also located in the front façade of the premises (refer Figure 8). The entry into the caretaker’s residence is at the top of the proposed staircase with no direct view of the entry to the premises to maintain natural or casual surveillance. The proposed ancillary dwelling for the caretaker’s residence is not sited in a way that will assist the natural or casual surveillance of adjacent tenancies in the development.
The proposal is considered to provide no improvement to the crime prevention principles that would assist in security of the site. The addition of windows in the western wall is considered to increase the potential for unauthorised access to the building due to it being obscured from view from surrounding areas and premises.
Inspection of the site clarifies that the area to the rear of the property is fully obscured and providing windows here may in fact increase the risk of unauthorised entry to the site without disruption or discovery (see Figure 9).

Figure 8: Existing entrances

Figure 9: Existing graffiti on western wall
draft planning scheme
As identified in Table 1 below, the proposed use would be defined as caretaker’s accommodation under the Draft Planning Scheme. The subject site is identified in the Low Impact Industry Zone.  The site falls within the Gateway Drive West Small Traders Precinct 10. The Table of Assessment identifies caretaker’s accommodation as Code assessment if not exceeding 65m2, or otherwise impact assessment and inconsistent. The following codes would be applicable to code assessment:
Local Plan Code;
Low Impact Industry Zone Code;
Caretakers Accommodation Dwelling Unit and Rural Workers Accommodation Code;
Works Codes.
The use as currently proposed would therefore be subject to Impact Assessment under the provisions of the Draft Planning Scheme. Being 79.6m2, the use would also be considered inconsistent with the zone.
Table 1
Column 1 Use	Column 2 Definition
Caretaker’s accommodation	Caretaker’s accommodation means the use of premises for a dwelling for a caretaker of a non-residential use on the same premises.

3.1	Draft Code Assessment
The Low Impact Industry Zone Code provides the following at PO7:
Caretaker’s accommodation
PO7
Development for caretaker’s accommodation:
is directly associated with and subordinate to the industry activity on site;
demonstrates a demand for 24 hour care of buildings, operations, plant or equipment;
is not separately let for other accommodation activities;
includes no more than one caretaker’s accommodation per site;
is on a site with an area of at least 2,000m2;
has a maximum gross floor area of 65m2; and
is occupied by at least one person who is employed by the primary non-residential use on-site.
The applicant has not sufficiently demonstrated that the building, operation or equipment demands 24 hour care and sufficient reasons for the proposed accommodation unit exceeding the 65m2 identified in the performance criteria.  The proposal for the caretaker’s residence has not sufficiently demonstrated that the use will be directly associated with and subordinate to the industry activity on site. The industry activity currently undertaken on site is likely to be defined by the Draft New Noosa Plan as Medium Impact Industry (Transport depot, distribution centre, contractors depot and storage yard).  The applicant has indicated in their supporting material that this occurs from time to time.  The primary activity for the business would appear to be occurring off site with the premises acting as a storage shed when needed.  The proposal would also not meet the minimum site provisions of 2000m2 for this performance criteria.
The Low Impact Industry Zone Code includes several provisions relating to safety and security to ensure a safe environment that incorporates key elements of Crime Prevention Through Environmental Design principles including casual surveillance, appropriate signage and wayfinding, lockable building entrances, well-lit areas after hours and minimising opportunities for vandalism.
The proposal is not considered to minimise opportunities for vandalism or increase opportunities for casual surveillance. The location of the entrance to the caretaker’s residence has no visibility to the entrances of the building from within the unit.
The Draft Planning Scheme seeks to ensure that caretaker’s residences are used for bonafide caretaking responsibilities and are ancillary to non-residential uses on the same site. Table 2 below shows that PO2 within the Draft Caretakers Accommodation, Dwelling Unit and Rural Workers’ Accommodation Code requires the following in the Low Impact Industry Zone:
Table 2
Performance outcomes	Acceptable Outcomes
Location
PO2 Caretaker’s accommodation is used for bona fide caretaking or property management purposes such that: in the Rural zone, caretaker’s accommodation is required because of the need to caretake a non-residential activity on site; or in the Low Impact Industry zone, the Medium Impact Industry Zone or the Innovation Zone, caretaker's accommodation demonstrates the need for 24 hour care of buildings, operations, plant or equipment. Editor’s Note—Council would require sufficient justification that the caretaker’s residence is required for the industry, rural or other activity on the site.	AO2.2 In the Low Impact Industry zone or the Medium Impact Industry Zone, caretaker's accommodation is: directly associated with and subordinate to the industry activity on site; and the only residential use on the site; on a site with an area of at least 2,000m2 or is not located within 100 metres of any other caretaker's accommodation; and not separately let for other accommodation activities.
The site is also located approximately 72 metres from the existing approved ancillary dwelling unit (caretaker’s accommodation) and therefore, would not meet the acceptable outcome in this instance.
The Draft Caretakers Accommodation, Dwelling Unit and Rural Workers’ Accommodation Code also includes an acceptable solution for PO4 in achieving an ancillary nature of a caretakers accommodation in the Low Impact Industry Zone which restricts the gross floor area of the Caretaker’s accommodation to 65m2 and 1 bedroom. The current proposal includes 2 bedrooms and 2 bathrooms and has a total GFA of 79.6m2 which is inconsistent with the acceptable solution in the draft code.
PO6 of the code seeks to achieve acceptable residential amenity for residents of the use including security, visual and acoustic privacy, and access to private open space. The current proposal is considered to increase potential risk of break and enter due to windows in the rear wall of the building having no natural surveillance.
conclusion & reasons for decision
The proposed development for an Ancillary Dwelling Unit (Caretaker’s residence) requires assessment against the Detached House Code. The Noosa Plan defines ancillary to mean the use is incidental and subordinate to the main use occurring on the premises.  The proposed ancillary dwelling is too large to be considered ancillary and therefore does not meet the definition.  The purpose of a caretaker’s residence in an ancillary dwelling unit is to provide a residence which is subordinate to the business use, which can facilitate 24 hour security and maintenance of premises by the owner or an employee of the business that could not reasonably be expected to be achieved or undertaken without the caretaker residing on site.  The applicant has not adequately demonstrated that there is a need for the caretaking requirement of the premises and has indicated that the residence will only be used on a part time basis.  The site is fully lockable and can be secured with no goods, equipment or materials which would ordinarily be required to remain outside requiring 24 hour monitoring.
The proposal is unable to accommodate the required carparking for the additional ancillary dwelling unit which adds to the already existing shortfall of carparking. The site currently has less car parking than was originally approved for the use. The applicant has provided no justification for the departure from the required 1 carparking space which would be required in addition to the 1 space already allocated to the premises through the Community Titles Scheme.
The proposal is inconsistent with Overall Outcome 14.51.2 (a) and (b) of the Detached House Code as the use constitutes a detached house in an industrial zone which accommodates uses that are incompatible with residential uses and would therefore have the potential to adversely affect the residential use while also resulting in residential development inhibiting or preventing industrial uses from effectively operating in the area.
Further, the proposal is also inconsistent with Overall Outcome 14.51.2(e) of the Detached House Code. The proposal is considered to exacerbate an existing safety and security situation and is unlikely to achieve the overall outcome as the use has been identified to operate part time, creates additional points of potential access into the premises with no natural surveillance and is not considered to promote a high level of safety and security for the occupants. Windows in the western wall are obscured from view of any other casual or natural surveillance due to the 70+ metre wide vegetated corridor at the rear and no other activity or windows overlooking this area.  There is no surveillance of this area and windows in this location are considered to potentially exacerbate security breaches.
The Draft Planning Scheme does not support the proposed use and identifies the proposal as impact and inconsistent.  In light of the proposal not being considered ancillary or subordinate to the use area, the increased risk of potential break-ins occurring from the proposed windows at the rear of the property; the provision of additional on-site parking being unlikely to be physically possible; and giving some weight to the Draft Planning Scheme intent, the application is not supported.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
Consultation
External Consultation - Community & Stakeholder
Nil

Internal Consultation
The following internal consultation has been undertaken:

Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Director		Director
	Executive Support		Community Development		Financial Services
			Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Director	X	Director		Director
	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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GENERAL COMMITTEE MEETING REPORT	18 MAY 2020

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SCHEDULE E DESCRIPTION OF LOTS ALLOCATED EXCLUSIVE USE AREAS OF COMMON PROPERTY
Lot No. Area Purpose
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SKETCH PLAN OF exeusive Se AREAS (CAR PARKING) IN THE
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MAX WATTERSON & ASSOCIATES

‘SURVEYORS, PLANNERS & DEVELOPMENT CONSULTANTS,

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