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Cover Letter - Response to Information Request

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Date: 10 October 22


The Chief Executive Officer
Noosa Shire Council,
9 Pelican Street, Tewantin
QLD 4565

Via Email ([email protected])

Attention: Jada Lyons

RE:     Response to Information Request relating to a Development Permit for Material Change of
        Use of Premises to establish a Warehouse at 62 Gateway Drive, Noosaville (Council
        Reference: MCU22/0084)

Dear Jada,

I refer to Council’s Information Request issued on 16 June 2022 in relation to the abovementioned
application.

In accordance with Part 3 Section 13 of the Development Assessment Rules and the Planning Act
2016, we hereby provide a response to the items raised in the request as detailed below:

Issue – Caretakers Accommodation

Overall outcome (2) (j) and Performance outcome PO5 (b) of the Medium Impact Industry
zone code seeks that Caretaker’s Accommodation only occurs on site where there is a
demonstrated need for full-time caretaking. It is considered that crime prevention and
management of the building does not demonstrate a need for full-time caretaking.

Further to this, please also note that this space does not comply with AO6.3 of the Caretaker’s
Accommodation, Dwelling Unit and Rural Worker’s Accommodation Code.

Information Required

1.      Remove the Caretaker Accommodation Use from the proposal. Please note that once the
        uses are established on site and it can be demonstrated that there is a need for the 24/7 use
        on site, that the use can be applied for at that time.


Response

The client has instructed that the intended occupant for Tenancy 9 is an art dealer. They will be
warehousing expensive artwork and have indicated a need for a live in caretaker to provide 24
hour care and security for use and building. Tenancy 9 is the only tenancy that meets their needs, as
it will allow for a full-time caretaker to be present at onsite, including overnight. This is the reason that
they have expressed interest in this tenancy.
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Page 2

Caretaker’s Accommodation is a consistent and Code Assessable use on the site where not exceeding
a gross floor area of 65m2 in accordance with Table 5.5.10 of the Noosa Plan 2020.

Pursuant to Section 60 of the Planning Act 2016:

(2)     To the extent the application involves development that requires code assessment, and subject
        to section 62, the assessment manager, after carrying out the assessment—
        (a)      must decide to approve the application to the extent the development complies with
                 all of the assessment benchmarks for the development; and

                …

        (d)     may, to the extent the development does not comply with some or all the assessment
                benchmarks, decide to refuse the application only if compliance can not be achieved
                by imposing development conditions.

                * emphasis added

A reasonable and relevant development condition can be imposed to achieve compliance with the
code, to the effect that:
        “the use of the Caretaker’s Accommodation must be directly associated with and subordinate
        to an industry activity on site which requires 24 hour care of buildings, operations, plant or
        equipment.”

Consequently, it is suggested that the use of Caretaker’s Accommodation should be approved subject
to conditions.

Approval of the proposed Caretaker’s Accommodation would also be consistent with Noosa Council’s
decision to approve a number of other similar Caretaker’s Accommodation uses, including:
    + MCU21/0215 - Caretaker’s Accommodation, Warehouse – 9 Bartlett Street, Noosaville
    + MCU22/0003 – Low Impact Industry, Caretaker’s Accommodation – 3 Taylor Court, Cooroy
    + MCU21/0206 - Low Impact Industry, Caretaker’s Accommodation – 1 Taylor Court, Cooroy


In relation to AO6.3 of the Caretaker’s Accommodation, Dwelling Unit and Rural Worker’s
Accommodation Code, it is considered that the proposed Caretaker’s Accommodation complies with
this outcome for the following reasons:
     + The Caretaker’s Accommodation is provided with a balcony and courtyard that have a
        combined area of 24m2, exceeding the minimum requirement of 15m2; and
     + Both the balcony and the patio have a minimum dimension 3m, exceeding the minimum
        requirement of 12m2.




Issue – Parking Dimensions for Loading Bay

Limited information has been provided as to how affordable housing will be provided on site in
perpetuity and what land tenure arrangements are proposed.

Page 3

Information Required

2.      Provide additional comment on the suitability of the proposed ‘Occasional parking
        HRV/MRV’ zone to function as a loading bay for a semi-trailer (15m x 3.6m) to serve all of
        the proposed tenancies.

3.      Provide an additional plan demonstrating how the carpark will function for vehicles entering
        and exiting the carpark while the loading bay is occupied. The additional plan must be
        prepared by a suitably qualified person (RPEQ – Registered Professional Engineer of
        Queensland).

4.      Provide additional detail demonstrating the location of the proposed staff carparks. Note
        that no patron carparks should be inaccessible while the loading bay is occupied.

Response

Please refer to the enclosed cover letter response and revised civil engineering plans prepared by
Recor which address items 2 – 4.


Issue – Stormwater Infrastructure on Gateway Drive

Council have identified that the proposed driveway crossover will impede on an existing stormwater
structure along Gateway Drive. Council are concerned that the location of the proposed driveway
crossover will create worsening of conditions and functionality of the existing drainage system
associated with the structure.


Note that Council is unlikely to support the submitted driveway crossover.

Information Required

5.      Provide an amended plan demonstrating how the proposed driveway crossover will
        avoid creating worsening of conditions for the existing stormwater drainage system along
        Gateway Drive. The amended plan must be prepared by a suitably qualified person (RPEQ –
        Registered Professional Engineer of Queensland) and include, but not be limited to:
        a.      a design generally in accordance with RS-051 and any associated addendum.


Response

Please refer to enclosed cover letter response and revised civil engineering plans prepared by Recor
which address item 5.


Issue – Stormwater Management Plan

Council are concerned regarding the functionality of the stormwater management plan and the
neighbouring detention basin towards the end of the development’s life span. Council predict that
the yearly average rainfall will increase by approximately 20% towards the end of the development’s
life span (2100).

Page 4

Information Required

6.      Provide additional comment demonstrating how the proposed stormwater management
        plan and neighbouring detention basin will function when experiencing an average annual
        rainfall increase of 20% by the year 2100. The additional comment must be prepared by a
        suitably qualified person (RPEQ – Registered Professional Engineer of Queensland).

Response

Please refer to enclosed cover letter response prepared by Recor which address item 6.


Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to
the information request. Should you have any further questions in relation to the proposal, please do
not hesitate to contact the undersigned on 0423 952 928 or via email at [email protected] sincerely,




Marcus Brennan
B. Urb. Reg. Plan.

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