Cover Letter - Response to Information Request

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.