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Town Planning Assessment Report

Attached to the e-mail MCU15/0085 Development Application.

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Mur




      TOWN PLANNING
      ASSESSMENT
      REPORT

      44 Nandroya Road, Cooroy, QLD 4563



      Development Permit for Material Change of Use –
      Transport Use - Type 3 Depot




      August 2015
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Page 2

Executive Summary
This Town Planning Report has been prepared to support a development
application for a Development Permit for Material Change of Use for Transport Use -
Type 3 Depot at 44 Nandroya Road, Cooroy more properly described as Lot 2 on RP
193949.

Our office has been engaged by the registered landowner, Allan Hugh Forge, to
prepare and lodge this development application over the site. The subject site is
located in the Rural Settlement Zone of the Cooroy and Lake Macdonald Locality
and the proposed use is an inconsistent use and is required to follow an Impact
Assessable application process in accordance with Part 6, Division 9, Table 6.7 of the
Noosa Plan.

The proposal relates to seeking a retrospective approval for a shed that was
constructed by the previous land owner on the site. The existing shed has a total
floor area of 536m2 and a height of 7.8m. The shed has been constructed for the
purpose of a covered vehicle storage area. The area was previously an open
storage yard as part of an approved transport use and the proposal does not
intensify the existing use in this regard. Vehicular access to the shed will be
maintained via the existing sealed crossover to Nandroya Road.

This development application has been structured in accordance with the
requirements of The Noosa Plan 2006. Formal assessment has been undertaken
against the applicable Probable Solutions and Specific Outcomes of the following
codes, which were found to be most relevant:

   •   Cooroy & Lake Macdonald Locality Code;
   •   Infrastructure Uses Code;
   •   Driveways & Carparking Code;
   •   Landscaping Code
   •   Natural Resources Overlay Code

This application is Impact Assessable and requires public notification to occur for
fifteen business days. Referral is required to DILGP due to the proximity of a State
controlled road in accordance with Schedule 7, Table 3, Item 1 of the SPA
regulations.

Having assessed the proposal against all relevant legislation, this office recommends
that the development application be approved, subject to reasonable and relevant
conditions.




                                                                           Page 2 of 11

Page 3

TABLE OF CONTENTS

1.	
   EXECUTIVE SUMMARY ..................................................................................................... 4	
  

2.	
   PROPOSAL ....................................................................................................................... 5	
  

3.	
   SITE DETAILS ...................................................................................................................... 5	
  
   3.1.	
   SITE DESCRIPTION .......................................................................................................... 5	
  

   3.2.	
   SURROUNDING LOCALITY ............................................................................................... 6	
  
4.	
   LEGISLATIVE REQUIREMENTS........................................................................................... 7	
  

   4.1.	
   SOUTH EAST QUEENSLAND REGIONAL PLAN..................................................................... 7	
  

   4.1.	
   STATE PLANNING REGULATORY PROVISIONS .................................................................... 7	
  
   4.2.	
   STATE PLANNING POLICY ............................................................................................... 8	
  

   4.3.	
   REFERRAL AGENCIES ..................................................................................................... 8	
  

5.	
   PLANNING SCHEME REVIEW .......................................................................................... 8	
  
   5.1.	
   LEVEL OF ASSESSMENT AND CODE COMPLIANCE ............................................................. 8	
  

6.	
   CONCLUSION ................................................................................................................ 10	
  




APPENDICES

Appendix A              Proposal Plans
Appendix B              Code Compliance
Appendix C              Owner’s Consent
Appendix D              Site Photographs




                                                                                                                             Page 3 of 11


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APPENDICES

 

Appendix A Proposal Plans

 

Appendix B Code Compliance

 

Appendix C Owner's Consent

 

 

 

Appendix D Site Photographs

 

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Page 4

1.      EXECUTIVE SUMMARY

Applicant
Applicant:                  Noosa Town Planning
Contact Details:            Marcus Brennan
                            Mob: 0423 952 928
                            Email: [email protected]
Registered Landowner(s):    Allan Hugh Forge



Application
Development Application:    Development Permit for Material Change of Use –
                            Transport Use - Type 3 Depot

Level of Assessment:        Impact Assessable


Referral Agencies:          DILGP
SEQRP:                      Urban Footprint



Subject Site
Address:                    44 Nandroya Road, Cooroy QLD 4563


Lot Description:            Lot 2 on RP 193949
Area:                       2.176ha
Easement(s)/Interests:      Easement C/SP229489
Locality:                   Cooroy & Lake Macdonald
Zone:                       Rural Settlement
Overlays:                   Natural Resources Overlay Code (Gas Pipeline
                            Buffer, Water Supply Catchment, Extractive Buffer)




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Page 5

2.      PROPOSAL

This development application seeks approval for a Development Permit for Material
Change of Use for Transport Use - Type 3 Depot.

Specifically, the proposal relates to seeking a retrospective approval for a shed that
was constructed by the previous land owner of the site.

The existing shed has a total floor area of 536m2 and a height of 7.8m and has been
constructed for the purpose of a covered vehicle storage area. The land on which
the shed is sited was previously used as an open storage yard as part of an
approved transport use. The proposal does not intensify the existing use in this
regard. The building will utilise the existing infrastructure within the site for access and
operation purposes and no further building or operational works is required to carry
out the use.

Vehicular access to the shed will be maintained via the existing sealed crossover to
Nandroya Road located in the northeast corner of the site.


Please refer to Appendix A – Proposal Plans for further details on the design.

3.      SITE DETAILS

     3.1. Site Description

The subject site is situated at 44 Nandroya Road, Cooroy described as Lot 2 on RP
193949.

The site is the former Bell’s Transport site and has been operating as a transport
depot since 1981.

The property has a total area of 2.176ha and the majority of the site comprises
infrastructure associated with the transport use such as sheds, an administration
building, a truck wash bay, and access and manoeuvring areas. A pocket of native
vegetation is located along the frontage and northwest corner of the site.

Refer to (Figure 1) below for an aerial photograph of the site.




                                                                                Page 5 of 11

Page 6

Figure 1 – Aerial Photograph




   3.2. Surrounding Locality

The site is located approximately 2.2km southeast of Cooroy’s town centre. The
Bruce Highway adjoins the southern boundary of the site and the North Coast
Railway Line is situated 100m to the north of the site. The adjoining site to the east is
constrained by a gas pipeline and high voltage electricity lines. A gathering of
dwellings is located to the north of the site between Nandroya Road and the railway
line

The Locality Plan (Figure 2) below illustrates the site in relation to the surrounding
area of the surrounding area.




                                                                             Page 6 of 11

Page 7

Figure 2 – Locality Plan




4.       LEGISLATIVE REQUIREMENTS

     4.1. South East Queensland Regional Plan

The site is identified to be within the Urban Footprint designation of the South East
Queensland Regional Plan 2009 – 2031. The proposed transport use is consistent with
the intent of this designation.


     4.1. State Planning Regulatory Provisions

The following State Planning Regulatory Provisions are applicable to this application:

     •   State Planning Regulatory Provision (adopted charges)

The proposal will generate charges in accordance with the Noosa Shire Council
Charges Resolution (No.2) 2014.




                                                                           Page 7 of 11

Page 8

Table 10.4 of the resolution identifies the applicable Council charge rate for a
Transport Use – Type 3 (Depot) to be $50/m2 of GFA. However, the definition of Gross
Floor area within the interpretation excludes areas for the parking, loading and
manoeuvring of motor vehicles. As the proposal is for a transport use and the shed
will be used solely for parking, manoeuvring and loading of vehicles, no charges will
apply to the proposed shed. A condition can be imposed by Council to this effect

It is also noted that the area in which the shed has been constructed was previously
a concrete area for the parking of vehicles and the proposal does not increase the
extent of impervious area over the site. It is therefore also considered that
stormwater charges will also not apply to the subject development.

     4.2. State Planning Policy

The State Planning Policy (SPP) became effective on 2 December 2013. The
applicable State interests relating to development assessment are set out in Part E of
the document. There are no items contained within the SPP that are relevant to the
assessment of the proposed development.


     4.3. Referral Agencies

Referral is required to DILGP due to the proximity of a State controlled road in
accordance with Schedule 7, Table 3, Item 1 of the SPA regulations.


5.       PLANNING SCHEME REVIEW

     5.1. Level of Assessment and Code Compliance

Part 6, Division 9, Table 6.7 of the Noosa Plan sets out the relevant assessment criteria
for development in the Rural Settlement zone of the Cooroy & Lake Macdonald
Locality Code. In this case, a depot is identified as an inconsistent use and required
to follow an Impact Assessable application process. Although a ‘whole of scheme’
assessment is required, the following codes were found to be relevant to the
assessment process:

     •   Cooroy & Lake Macdonald Locality Code;
     •   Infrastructure Uses Code;
     •   Driveways & Carparking Code;
     •   Landscaping Code
     •   Natural Resources Overlay Code

Please refer to Appendix B for an assessment of the proposal against the Probable
Solutions and above-mentioned codes.




                                                                              Page 8 of 11

Page 9

Cooroy & Lake Macdonald Locality Code

A broad conflict is raised with the locality code provisions for the site because the
scheme does not anticipate or provide for urban development in the Rural
Settlement Zone. The scheme subsequently makes Infrastructure Uses ‘Inconsistent’ in
within the zone. The conflict is most reflected in the below Overall Outcome:

u) For the Semi-Attached Housing Zone—residents are accommodated in
detached or semi-attached housing forms that—

i offer a high level of residential amenity, design quality and safety; and
ii respect the domestic scale of surrounding detached housing;

While there is a degree of conflict with the planning scheme because the proposal is
not a residential use, it was found that the overall outcomes as an entirety provide
support for the proposed land use. The most relevant outcomes are detailed below:



6.8.2 a) New uses and works are located, designed and managed to— i be
compatible with other uses and works;

ii maintain the safety of works;

iii avoid significant adverse impacts on the amenity enjoyed by users of other
premises, including acoustic and visual qualities; and

iv avoid significant adverse effects on the natural environment, including native
habitat removal, fragmentation and attrition;

d) Cooroy retains its role as the major business centre for Noosa’s hinterland area;

g) The traditional built form of Cooroy is retained and new development
complements traditional streetscape and building forms;

h) Outside the town of Cooroy, development is characterised by— ....

ii conservation of open space for biodiversity and water quality purposes; ....

i) Economic activities are focused on—

i Cooroy’s role as the principal business and service centre for the hinterland;

ii Cooroy’s industrial estate;

iii technology based businesses reliant on broadband communication;

iv timber industry initiatives and product manufacturing at the Nandroya Mill site;




                                                                              Page 9 of 11

Page 10

v Cooroy’s support role in the locality for surrounding agricultural activities; vi
extractive and mineral resources;
vii facilitating artistic and cultural business enterprises; and
viii agricultural industries and associated rural enterprises;

j) Business opportunities in Cooroy are enhanced by its access to the Bruce Highway
and the North Coast Rail line;

It is considered that the above Overall Outcomes provide support for the proposed
development for the following reasons:

     •   The site has been an ongoing transport depot since 1981. The proposed
         development only relates to seeking a retrospective approval for a shed that
         has been constructed. Subsequently, the proposed development will not
         cause significant adverse impacts to the surrounding area by way of noise or
         traffic generation.
     •   The development takes advantage of the site’s proximity to the Bruce
         Highway and enhances business opportunities within Cooroy because of its
         access to the Bruce Highway. Further, the use ensures that truck movements
         servicing external areas do not have to pass through the township of Cooroy.
     •   The transport depot is an employment generating use and supports Cooroy’s
         role as the major business centre for Noosa’s hinterland area.
     •   The use remains compatible with the surrounding area which is quite industrial
         in nature; having the Bruce Highway abutting the southern boundary, high
         voltage electricity lines and a gas pipeline to the east, and a railway depot
         yard to the north.



6.       CONCLUSION

As detailed within the planning report and detailed code assessments, the proposal
can be justified against The Noosa Plan local area provisions and relevant
development codes.

While the proposed development is identified as an ‘Inconsistent Use’ in the Rural
Settlement Zone there are sufficient grounds to approve the development based
on:

     •   The proposal does not introduce any new uses onto the site and reuses
         existing onsite infrastructure, making impacts very minor in nature.
     •   The development supports an ongoing transport use that provides economic
         benefits to Cooroy.
     •   The transport use enhances business opportunities within Cooroy and takes
         advantage of the town access to the Bruce Highway.




                                                                               Page 10 of 11

Page 11

It is therefore recommended that the application be approved, subject to
reasonable and relevant conditions.

This office trusts that the information supplied comprehensively addresses all of the
issues that are to be considered by the Noosa Council. Should you have any
questions in relation to the proposal, or any aspect of the development, please do
not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected]



Yours sincerely,




Marcus Brennan
B. Urb. Reg. Plan., M.P.I.A.




                                                                         Page 11 of 11

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