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


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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