MCU21/0154.02 – Application For A Minor Change To Development Approval For Home Based Business (Meat Processing Facility) At 82 Patterson Drive, Tinbeerwah · Attachment 1 - (MCU21/0154.02) - Planning Officer'S Report

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             Figure 1 – Existing and approved plan of Home based business building.
The approval contains a specific condition (condition 21) that included an expiry date (17
December 2022), unless Council agrees to an extending the currency period of the approval, noting
that Council would have regard to complaints from residents in assessing an extension request.
The condition was imposed to formally review the use at the end of a two-year period and to ensure
any amenity issues were able to be considered as part of the assessment of an extension request.
MCU21/0154.01 – a minor change request was approved on 15 December 2022 which sought
changes to conditions 5 and 14 to increase the number of carcasses processed each week from 5
to 10, permit the collection of food products once per week by a small refrigerated van and to delete
the requirement for extension of the approval lapsing date.
The assessment concluded that the extension of the approval was warranted, and whilst
complaints had been received, the issues raised by complainants were not substantiated and did
not reasonably constitute noise or light nuisance.
Accordingly, the request for the small scale meat processing facility and the commercial collection
of food products once a week was approved. The deletion of the lapsing date was not approved
but extended until 17 December 2024. A copy of the current approval is included at Attachment
2.
2.1. Compliance History
Since commencement of the use, Council officers have undertaken a number of investigations and
inspections to ensure the proposal was operating in accordance with current approvals. The
following information details some of these actions:
17 January 2025 – site and shed inspection in response to minor change application. Inspection
concluded that the site is maintained in a clean state with no odour, excessive noise, employees
or customers observed at the property.
April 2024 – Council’s compliance officer request a log be provided in relation to a concern that
additional vehicles were attending the site, however no log was provided.
13 January 2023 – email and photographic record received of additional planting of 8 X Syzygium
Australe (45 litre) along driveway demonstrating compliance with conditions 19 and 20 of approval
MCU21/0154.01
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December 2021 - November 2022 – complaints received relating to various matters, including but
not limited to noise, lightss, planting of vegetation, number persons on site and the scale of the
operation. These complaints were investigated by various qualified officers and it was determined
that no breach of the approval had occurred.
20 September 2022 - onsite inspection and investigation was conducted by two Environmental
Health Officers from Noosa Council under Section 440 of the Environmental Protection Act 1994.
The inspection was to determine whether or not an environmental nuisance is occurring at 82
Patterson Drive. Environmental Health determined that;
-    No odour was observed that would suggest septic leakage;
-    The alleged noise disturbance during the night would not constitute a breach as defined by
     an Environmental nuisance;
-    Noise from the vehicle entering the property with carcasses once per week would not satisfy
     the requirements of the general emissions criteria as a nuisance in relation to its frequency
     and duration. The vehicle is driven directly to the manufacturing facility at the back of the
     property. Proof of the vehicle’s lights being dimmed upon entry to the property has been
     demonstrated by correlating video footage supplied to Council.




                Figure 2 – Proposed location of informal employee parking area/s.


2.2. 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;
•   Noosa Plan 2020
The Planning Regulation 2017 was amended in August 2024, specifically Section 17A was
introduced detailing matters relevant to a material change of use for Home based businesses.
These provisions ensure that Home based businesses stated as Impact assessment under a
planning scheme can now only be code assessable (subject to the requirements under the
Regulations). The changes also preclude a planning scheme from permitting less than 2 staff and
2 visitors for a home based business.

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The proposal has been reviewed against the relevant benchmarks of the Regulation and has been
found to be consistent with the provisions.
2.3     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 development would not result in substantially different development as the proposed
      change does not involve a physical expansion of the Home based business building or an
      increase to the approved maximum number of carcases able to be processed at the site;
•     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.




      Figure 3 – Proposed location of employee parking area (red circle) to Home based business
                 building, approximately 85 metres from the Patterson road crossover.

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2.3. Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan are applicable to this development:
•    Rural Residential Zone Code; and
•    Home-based Business Code.
An assessment against the relevant sections of the Home based business code for the minor
change is as follows:
Home Based Business Code

Effects of Use
PO3 The home-based business is ancillary to the residential use of the dwelling.

AO3.1 The home-based business is operated by a resident (or residents) of the dwelling.
AO3.2 The home-based business occupies no more than 40% of the dwelling.

Scale
PO5 The home-based business is an inconspicuous component of the primary use of
the dwelling as a permanent residence.

AO5.5 Outside the circumstances of AO5.3 and AO5.4 above, the maximum number of persons
on site for business purposes, including the resident operator(s) is:
 1. in the Rural Zone or Rural Residential Zone— six persons;
 2. otherwise— four persons
Assessment of Request
The home based business will continue to be operated by the owner and resident of the site. The
proposal to change the approval to allow a maximum of two employees and the resident to be
engaged within the Home based business (a maximum of 3 staff) maintains compliance with AO3.1
and AO5.5 of the Home based business code. Further as previously indicated, the proposal does
not seek to change the hours of operation or the capacity of the business and it remains ancillary
to the residential use on the site.


Condition 6
6.    The approved use must be conducted by a permanent resident or residents of the detached
      house. No employees are permitted.
Applicant’s Request
The Applicant requests deletion of condition 6 of the approval and submits;
It is requested Condition 6 be deleted as it is superfluous being a double up of Condition 10 with
the word ‘conducted’ used rather than ‘operated’. These words have the same intended meaning
in the context of the 2 conditions. However, the Planning Scheme uses ‘conducted’ differently
which doesn’t make sense in the approval’s context.
For example, AO5.1 of the Home-Based Business Code requires a Home-Based Business to be
‘conducted within a structure’ different to the meaning as written in this condition, ‘as conducted by
a permanent resident’.
Council has certainty that the resident operates the business as outlined in Condition 10. Condition
10 also provides for employee requirements, the intent of both Condition 6 and Condition 10.
Assessment of Request


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The applicant’s submission is supported as condition 6 and 10 both relate to the use being operated
by a resident of the site. No objection is raised to deletion of condition 6.


Condition 10
10    The approved use must be operated by the resident of the dwelling with no employees
      permitted.


Applicant’s Request
The applicant seeks to amend condition to allow up to 2 employees onsite between the hours of
8am and 4pm Monday to Friday. In support of the application the applicant details that:
The proposed change is to allow the owner/resident help with the processing of up to 10 carcasses
per week (Condition 5 of the approval). Noting there is no scaling up of the business proposed.
There will be no adverse impact to the surrounding area as an additional 1 or 2 vehicles per day
entering and exiting the site is minor in nature and consistent with residents/family/friends coming
and going in any rural residential setting.
There is ample parking onsite well screened from surrounding properties and from Patterson Drive.
There is no real change to the business operation only help for the resident owner. This is a
reasonable request as the business has operated without any known complaints for 3 years and
the request sits well within the parameters of the Home-based Business Code AO5.1…
Assessment of Request
The two additional employees results in a maximum of three persons (including the resident) to be
involved with the business which complies with A05.5 of the Home based business code.
The most recent site inspection on 13 January 2025 confirms that the location of the parking area
(Figure 2 & 3) is not visible from surrounding properties and is in accordance with Driveways and
parking code which requires two spaces, plus 1 additional parking space per employee, a total of
4 onsite spaces. While an additional 2 employees will marginally increase the traffic movements
to and from the site by 2 additional movements in the morning and afternoon, the overall impact is
negligible. The two employees would arrive and leave the property within the approved hours of
operation (condition 7) of between 8:00 AM and 5:00 PM Monday to Friday. The arrival and
departure of two staff will not cause any additional or excessive dust from driveways to adjoining
premises as the existing driveway is bitumen sealed and in good condition.
The recent site inspection included an inspection of the shed building interior which was noted as
immaculate with no odour observed during the inspection.
In accordance with conditions 19 and 20 of the approval MCU21/0154.01, additional landscaping
has been established along the southern side of the driveway to increase vegetation density and
screening to adjoining premises.
Based on the above and noting that the 2 additional employees will not increase the hours of
operation or volume of processing, the request is supported.


Condition 21
Permit
21.   This permit lapses on 17 December 2024 unless written consent is provided by Council to
      extend the approval. In assessing an extension, Council will have regard to any complaints
      received from nearby residents concerning breaches of the development approval
      conditions, and any other relevant matters.

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Applicant’s Request
The applicant seeks deletion of condition 21 and submits;
It is requested Condition 21 be deleted as it is unreasonable to expect a small family run business
to continually return to council to extend the development permit to operate. This is a costly and
inconvenient imposition on the small scale family business and is not required.
The condition was originally imposed by Council, as a ‘trial’ or temporary approval to ensure the
business can operate without negative impacts on the surrounding area.
No Officer from Councils development compliance team has been in contact with the
owner/resident for the last 2 years… . It is therefore requested the condition be deleted. Noting
the other conditions regulate any matter that could have the potential to impact on the surrounding
areas, such as noise, vehicle operating matters, odour, air borne pollutants, so in the future Council
has clear enforcement certainty.
Assessment of Request
The Home based business is located within the Rural residential zone which includes dwellings on
large lifestyle lots. It is noted that since the commencement of the use, whilst a number of issues
have been raised by a complainant, these have been investigated and were not substantiated.
While it is acknowledged there has been no substantiated complaints, due to the unique nature of
the use the retention of the condition is appropriate as it will enable the changes to the use to be
monitored to ensure there is no future impact on the surrounding area.
In response to the request, it is recommended that the condition be amended to require an
extension of the permit date after four years.
3.    DRAFT PLANNING SCHEME
The draft planning scheme amends the Industry Thresholds which resulted in the original
application being impact assessable, also noting the changes to the Planning Regulation now
prohibit a planning scheme from making a home-based business impact assessable.
4.    CONSULTATION
4.1. Referral Agencies
Not applicable.
4.2. Other Referrals
The application was forwarded to the following internal Council specialists:
•    Local laws;
•    Development Compliance officer.
5.    HUMAN RIGHTS COMPATIBILITY STATEMENT
In developing this Report, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
does not conflict with any human rights and supports a human rights approach to decision making
by Council. Council representatives will endeavour to act and make decisions under this report in
a manner that is compatible with human rights. This report should be read in conjunction with
Council’s Human Rights Policy
6.    CONCLUSION & REASONS FOR DECISION
It is concluded that the request for 2 employees is warranted to assist with improving the efficiency
of the business, is consistent with the existing approval and does not introduce new adverse
impacts.
While Council has received queries and complaints about the Home based business, the issues
raised have been investigated are were not substantiated.

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Two additional employees can park within the site, approximately 50 metres from the nearest
neighbouring dwelling. The impact on traffic movements to and from the site is minimal with the
physical work to be undertaken by the employees occurring within the building. The request to
delete condition 6 and change condition 10 is supported however, condition 21 is recommended
to be retained as it is within the parameters of the acceptable outcomes of the Home-based
business Code.
The application for a minor change is therefore recommended for approval.




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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                11 FEBRUARY 2025


Departments/Sections Consulted:

    Office of the CEO, Mayor &                Community Services          Corporate Services
            Councillors
     Mayor & Councillors                   Director                    Director
     Chief Executive Officer               Community Development       Financial Services
     Executive Officers                    Sport & Active Lifestyles   Fleet
     Community Engagement                  Arts & Culture              Revenue Services
     People & Culture                      Community Connection        ICT
     Governance                            Customer Experience         Commercial Property
     Strategy & Environment &              Development & Regulation     Infrastructure Services
     Sustainable Development
     Director                          X   Director                    Director

     Strategic Land Use Planning       X   Development Assessment      Infrastructure Planning, Design
                                                                       and Delivery
     Economic     Development      &       Local Laws                  Civil and Asset operations
     Destination Management
     Environmental Services                Environmental Health        Asset Management
     Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                           Property / Permits          Disaster Management
                                                                       Waste




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