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

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                             11 FEBRUARY 2025


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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