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Town Planning Report - 25 January 2019 - Final
Attached to the e-mail Industrial Business Type 2 Production, Alteration, Repackaging & Repairing - MCU19/0011.
Court Appeals & Dispute Resolution
Applications & Assessment
Due Diligence & Compliance
Project Management
General Development Advice
Town Planning Report
Low Impact Industry
and
Service Industry
29 Eumundi Noosa Road, Noosaville
Adamson Town Planning Pty Ltd
(ACN: 163 798 374 | ABN: 73 163 798 374)
P (07) 5430 6671 F (07) 5430 6677 M 0437 754 420 Mail: PO Box 78, Peregian Beach QLD 4573
‘Noosa Boardroom’, 28 Eenie Creek Road, Nooosaville QLD 4566
Email| [email protected] Web| www.adamsontownplanning.com.au
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Document Control
Project: Development Application for Low Impact Industry and Service Industry at
29 Eumundi Noosa Road, Noosaville
Client: Ian Ronald Stephen and Carole Anne McDonald as Trustees for the
Gadenford Superannuation Fund
Project Number: 18029
Status of Report: Final
Date: January 2019
Author:
Shane Adamson (BEngTech, GDURP, MPIA, MQELA)
Town Planning Specialist
Director - Adamson Town Planning Pty Ltd
The information contained in this document is confidential and intended solely for the use of the
client for the purpose for which it has been prepared and no representation or is to be implied as
being made to any third party. Use or copying of this document in whole or part without the written
permission of Adamson Town Planning Pty Ltd constitutes an infringement of copyright. The
intellectual property contained in this document remains the property of Adamson Town Planning Pty
Ltd.
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TABLE OF CONTENTS
TABLE OF CONTENTS ...............................................................................................................................3
DEVELOPMENT SUMMARY .......................................................................................................................4
INTRODUCTION ..........................................................................................................................................5
BACKGROUND & SITE DETAILS ...............................................................................................................5
DEVELOPMENT PROPOSAL ......................................................................................................................7
NOOSA PLAN 2006 .....................................................................................................................................9
NOOSAVILLE LOCALITY CODE ...................................................................................................................10
ENGINEERING W ORKS CODES ..................................................................................................................11
LANDSCAPING CODE ...............................................................................................................................12
OVERLAY CODES ..................................................................................................................................... 12
STATE ASSESSMENT AND OTHER MATTERS ....................................................................................... 13
PLANNING REGULATION 2017 ..................................................................................................................13
STATE PLANNING POLICY .........................................................................................................................13
INFRASTRUCTURE CHARGES ................................................................................................................ 13
CONCLUSION ........................................................................................................................................... 14
Attachments:
Attachment 1: Proposal Plans
Attachment 2: Development Approval for Building Work
Attachment 3: Development Permit for Building Work
Attachment 4: Letter from Noosa Council
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Development Summary
Development Application: Development Permit for Material Change of Use (Low Impact
Industry and Service Industry)
Subject Land: 29 Eumundi Noosa Road, Noosaville
Land Description: Lots 50 on SP275883 & 51 on RP68719
Land Area: 957m² (Lot 50) and 508m² (Lot 51)
Planning Scheme: Noosa Plan
Zoning: Semi-Attached Housing Zone
Planning Locality: Noosaville Locality
Relevant Overlay Nil
Mapping:
Priority Infrastructure Within Priority Infrastructure Area
Plan (PIP):
Level of Assessment: Impact Assessment
Applicable Codes: Noosaville Locality Code;
Landscaping Code
Engineering Works Codes
Referral Agencies: Nil
State Development Not Applicable
Assessment Provisions
(SDAP):
State Planning Policy State Planning Policy, July 2017 (not appropriately reflected
(SPP): under the Noosa Plan 2006)
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Introduction
The purpose of this report is to provide town planning advice for a development application for a for
a material change of use for an ‘undefined use’. The uses being applied for include Low Impact
Industry and Service Industry as defined under the current Guidance for applying the regulated
requirements to local planning schemes – November 2017 provided by the now Department of State
Development, Manufacturing, Infrastructure and Planning (DSDMIP). The reason for this is because of
the unique nature of the site and the circumstances, being located in a residential area but enjoying
historical industrial use rights within a relatively new industrial building.
The purpose of the guideline is to help local governments understand how to apply the regulated
requirements, as prescribed by the Planning Regulation 2017, when preparing a new local planning
scheme under the Planning Act 2016. The current industrial use definitions under the Noosa Plan 2006
are out of date and are not appropriate for the site. Consequently, the application made is for an
undefined use, which seeks to mimic the current use definitions under the guideline, which form the
basis for new planning schemes under the Planning Act 2016 and are more appropriate for the subject
land.
The proposed development is unique because of the historic use rights currently enjoyed, which have
continued since 1984 (34 years). This is despite a new building being constructed 2015/2016 following
a fire in January 2015. The current situation is such that the new building is currently occupied in part
by a dry-cleaning business (Coastal Dry Cleaners & Launderers), with the remainder of the building
being vacant for some time. The application is being made over the entire building to remove any
doubt about the ongoing use rights of tenancies in the future.
Background & Site Details
The subject land is located on the eastern side of Eumundi Noosa Road, and abuts the roundabout at
Gibson Road. Access to the land is obtained from a service road off Eumundi Noosa Road (refer Figure
1). The land contains a relatively new industrial building which has a floor area of about 720m² (refer
proposal plans provided at Attachment 1).
It is understood that the new building was constructed on the existing footprint following the fire and
provides office, amenities and provision for parking as well as some landscaping.
The land fronts a service road and Eumundi Noosa Road and adjoins a dwelling to the east. To the
south the land is mainly fronting Gibson road with a very small abutment to the ‘Sea Scouts’. While
the land is located within a residential area, if fronts two major collector roads, a service road and is
somewhat isolated and generally has poor amenity. There is only one residence that adjoins the
subject land, which is separated by a timber fence on top of a block retaining wall.
On 16 July 2015, Noosa Council issued a development approval for the new building, providing a
Development Permit for Building Works Assessable against the Planning Scheme for the
reconstruction of the premises. (refer Attachment 2). While the approval states that this is for dry
cleaning and surf board manufacturing, these were the two uses that occupied the premises at the
time of the fire. The dry-cleaning business was owned by the landowner and the surf board
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manufacturer was the current tenant. It should be noted that there had been other tenants prior to
including a laundry business, vehicle 4 X 4 repairs, panel beating and an auto parts business.
Figure 1 – Aerial Photograph
On 16 September 2015, a further development permit for building work was issued for the
reconstruction of the new building as shown in Attachment 3.
On 30 August 2018, written advice was provided by Noosa Council (Attachment 4) stating that:
I confirm that in November 1970 Council approved a Dry Cleaning and Laundry Premises on the site
subject to conditions and under the Superseded Planning Scheme the site, comprising 2 lots, was zoned
Residential Low Density (lot 51) and Industry (lot 50). Further, under the Superseded Planning Scheme a
surfboard manufacturer established on the site being a Light Industry use for which no development
approval was required to operate.
The site is therefore considered to have an approval for dry cleaning and laundry and have in part
existing use rights for surfboard manufacturing and associated retail.
While the fitting and retail sale of car and truck batteries and repair of trailers may have been defined
as a Light Industry use under the Superseded Planning Scheme, existing use rights do not exist for any
and all types of Light Industry uses on the site. The manufacture and hiring of trailers were also
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separately defined under the Superseded Planning Scheme as General Industry and Vehicle Hire
premises.
The surfboard business was operating at the time of the commencement of the Noosa Plan, which
did not require a development approval, this use being self-assessable in the Industry Zone under the
superseded planning scheme; however, this is but one of the Light Industry uses that could have
occurred as of right. The uses as defined operating at the time of the commencement of the Noosa
Plan 2006, was in fact Light Industry (surfboard manufacturing) and Service Industry (dry cleaning),
which was also a self-assessable use under the superseded planning scheme.
Development Proposal
Given the advice provided above from the Council, the applicant seeks to provide a range of low
impact uses that could operate from the land that will not have an adverse impact upon the amenity
of the adjoining residential property and the locality generally.
Having regard to the Noosa Plan, it is suggested that the existing definition for Industrial Business -
Type 2 - Production, alteration, repackaging & repairing, which states … the use of premises for the
production, manufacturing, dismantling, altering, cleaning, re-packaging, freezing or repairing of goods.
The use includes food industries, textiles, mechanical, boat repair, sandblasting, is not appropriate for
the site because it is too broad and lacks detail in terms of impacts that might be acceptable.
It is suggested that given the new Noosa Plan is likely to be consistent with the Guidance for applying
the regulated requirements to local planning schemes, November 2017, produced by the Department
of Infrastructure, Local Government and Planning, it is appropriate to provide some clarity about the
nature and types of uses that could be allowed under the above definitions in the future.
Under the guideline, the purpose of the low impact industry zone is to provide for –
(a) service industry and low-impact industry; and
(b) other uses and activities that –
(i) support industry activities; and
(ii) do not compromise the future use of premises for industry activities.
The overall zone outcomes state:
• a range of industrial uses that satisfy the intent of the zone will be facilitated;
• non-industrial uses such as offices, short-term accommodation and retail uses that are
ancillary to, and directly support, the industrial area are facilitated;
• industrial activities are located, designed and managed to maintain public safety, avoid
significant adverse effects on the natural environment and minimise impacts on adjacent non-
industrial land;
• development has access to the appropriate level of transport infrastructure (for example
railways, motorways, airports and seaports;
• development is designed to maximise energy efficiency, water conservation and public and
active transport use;
• development promotes public transport use, walking and cycling;
• development has access to appropriate infrastructure and essential services;
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• existing and future low-impact industry uses are protected from the intrusion of incompatible
uses;
• development responds to land constraints including topography and flooding; and
• industrial uses are adequately separated from sensitive land uses to avoid environmental harm
or environmental nuisance.
In this case there is a real need to allow for some flexibility with the uses given businesses vary and
can’t all be listed under any approval.
The uses being proposed are defined as follows:
Use Term Definition Examples Des not include
Low impact Low impact industry means Repairing motor Panel beating, spray
industry the use of premises for an vehicles, fitting and painting or surface
industrial activity— turning workshop coating, tyre recycling,
that is the Note - Additional drum re-conditioning,
manufacturing, examples may be shown wooden and laminated
producing, in Table 6 industry product
processing, repairing, thresholds. manufacturing,
altering,
Service Service industry means the Audio visual equipment Small engine
industry use of premises for an repair, bicycle repairs, mechanical repair
industrial activity that clock and watch repairs, workshop, cabinet
does not result in off-site air, computer repairs, dry
noise or odour emissions; cleaning, film making, shop fitting,
and is suitable for location processing, hand sign writing, tyre
with other non-industrial engraving, jewellery depot, low impact
uses. making, laundromat, industry, medium
locksmith, picture impact, high impact
framing, shoe repairs, industry, special
tailor industry
Table 6 – Industry Thresholds
Use Additional examples include
Low-impact industry (1) Repairing and servicing motor vehicles,
including mechanical components,
radiators, electrical components, wheel
alignments, exhausts, tyres, suspension or
air conditioning, not including spray
painting
(2) Repairing and servicing lawn mowers and
outboard engines
(3) Fitting and turning workshop
(4) Assembling or fabricating products from
sheet metal or welding steel, producing less
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than 10 tonnes a year and not including
spray painting
(5) Assembling wood products not involving
cutting, routing, sanding or spray painting
(6) Dismantling automotive or mechanical
equipment, not including debonding brake
or clutch components.
It is suggested that these are the likely low impact industrial and service industry uses that could occur
on the site that should not have a significant impact upon the amenity of residents in the locality. This
is because the location is highly trafficked and does not enjoy a high level of amenity.
It is unrealistic to expect that the only uses that can occur on the land within a new industrial building
is a dry cleaner (Service Industry) and surf board manufacturer (Low Impact Industry). This is evident
by the area behind the dry-cleaning tenancy being now vacant for over three years.
Noosa Plan 2006
Under the Noosa Plan, the subject land is in the Noosaville Locality and is included in the Attached
Housing Zone. The use being applied for is technically undefined being for Low Impact Industry and
Service Industry as described above, these uses being akin to the uses that would have been allowed
on the subject land under the superseded planning scheme.
In the circumstances, the current Industrial Business Type 2 - Production, alteration, repackaging &
repairing definition (refer above), is too broad and considered inadequate for the site. It is suggested
that the definitions referred to above provide sufficient detail about the nature of the Low Impact
Industries and Service Industries that would be suitable uses given the existing development on the
land, including the dry-cleaning business, which is a Service Industry use.
Under the Noosa Plan the applicable overlays include:
• Natural Hazard – Flooding Overlay (Flood Hazard Area) (refer Figure 2, below);
• Natural Hazard – Acid Sulfate Soils (Low and High Potential).
While the subject land is affected by the above overlays, no building work is being proposed. It is
understood that the existing and relative new building was constructed on the existing footprint
following the fire that destroyed the original building and therefore does not meet the minimum
flooding requirements for the area.
Under Table 11.3 – Assessment table for the Attached Housing Zone, industrial uses are subject to
impact assessment requiring public notification. All industrial uses are an inconsistent use in the
Attached Housing Zone. Given the application is subject to impact assessment, the whole of the
planning scheme is applicable to the assessment.
In this instance, the most relevant codes include the following:
• Noosaville Locality Code;
• Industrial Uses Code (to the extent relevant); and
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• Engineering Works Codes (to the extent relevant).
Noosaville Locality Code
Under the Noosaville Locality Code, overall outcome (pp), states:
For the Attached Housing Zone—residents and visitors are accommodated in predominantly Multiple
housing forms that –
i. contribute to a high level of residential amenity, design quality and safety;
ii. respect the scale and character of the streetscape and surrounding development; and
iii. are located within convenient access of employment centres, goods and services, public transport
and community facilities;
The proposed development is not for housing and is clearly in conflict with the zoning of the land;
however, the site enjoys some existing use rights for service industry and low impact industrial uses,
contained within a relatively new building. While the proposed development does not comply with
the intended uses, it is reasonably expected that some use of the land will be allowed for the existing
industrial building other than the two uses nominated on the development approval for building
works (Attachment 2). In the alternative the site will remain sterilised and not able to be used for any
purpose, which is not a desirable town planning outcome.
In this case given that no building or other works are being proposed, the key issue that needs to be
addressed is ensuring that any new uses will not have a significant impact upon the amenity of the
locality. The existing building already contains a service industry use which generates minimal noise.
The solid timber fence was erected by the owner constructed on the retaining wall at the rear of the
property which provides noise mitigation the adjoining residential use (refer Photo 1, below). Further,
the existing building is constructed of solid block, which also assists in reducing any amenity impacts.
All parking associated with the development is located near the Eumundi Road frontage and is
therefore removed from the adjoining residential property. The land adjoins Open Space Recreation
zoned land to the south east and otherwise has two (2) road frontages. Consequently, the existing
development fronts two roadways and is orientated away from the residential property and is
generally isolated from the surrounding residential development.
Overall outcome (a) states:
a) New uses and works are located, designed and managed to –
i. be compatible with other uses and works;
ii. maintain the safety of people and works;
iii. avoid significant adverse impacts on the amenity enjoyed by users of other premises or
surrounding area, including acoustic and visual qualities; and
iv. avoid significant adverse effects on the natural environment, including native habitat
removal, fragmentation and attrition;
In my opinion, the proposed uses are located, designed and can be managed to be compatible at this
location and will not have a significant adverse impact upon the amenity of the locality.
It is accepted that under specific outcomes all industrial business uses are inconsistent with the
Attached Housing Zone; however, the application made is deliberately for Low Impact Industry and
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Service Industry uses that will have little impact upon the amenity of the area and are well suited for
the existing development.
Photo 1 – Back of house showing solid boundary fencing
Engineering Works Codes
The most relevant engineering works code is the Driveways and Carparking Code. Given the
development exists on the land, access is already provided, and provision is made for eight (8) parking
spaces (Attachment 1).
Under Table 14-51 – Minimum vehicle parking requirements, for Industrial Business Type 2 -
Production, alteration, repackaging & repairing, is:
• 1 space per 30m², or part thereof, of use area, for areas up to 150m²; and
• 1 space per 50m², or part thereof, of use area, for areas up to 500m²; and
• 1 space per 100m², or part thereof, of use area in excess of 500m².
Having regard to the above the proposed development has a use area of 688m² and the total number
of carparks required by the development is about 16 spaces.
In this case the existing development has 8 spaces, which has already been approved by the decision
notice that issued for the building work (Attachment 2). Further, there is sufficient on street parking
fronting the development in the service road should additional parking be required. Any associated
off-street parking will not have an adverse impact upon residents in this locality.
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Landscaping Code
In terms of landscaping, the proposed development provides for some landscaping at the frontage
also consistent with the historic development of the site and the development approval that has issued
(Attachment 2). It is suggested that in the circumstances given the development and sealed areas
are existing, along with the open space areas surrounding the site, the amount of landscaping is
adequate.
Overlay Codes
The most relevant overlay code is the Natural Hazards Overlay Code, with respect to flooding (refer
Figure 2, below). It is understood that redevelopment of the site occurred using the same building
footprint, which means that the site will be inundated during a Q100 flood event as shown below.
Subject Site
Legend
Figure 2 – Extract of Overlay Map
Under Table 13.6 – Categories of development and assessment for the Natural Hazards and Natural
Resources Overlays - Making A Material Change of Use, for Flood Hazard Areas, business uses would
be subject to code assessment. Consequently, having regard to the existing built form the most
relevant specific outcomes include the following:
Hazardous materials
O14 Development avoids the release of hazardous materials into floodwaters and the environment
Comment: Given the proposed industrial uses are of a low impact and service nature, it is not expected
that such uses would have significant quantities of hazardous materials on site.
Development siting and design
O17 Development provides that for all flood events up to and including the defined flood event –
a) the safety of people on the site is protected;
b) the capacity to use land in the flood plain is not adversely affected; and
c) the risk of damage to property on the site is avoided or minimised as far as practicable.
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Comment: The proposed development is for alternative uses within an existing building and is not for
residential living and won’t affect the capacity to use land in the flood plain. Given the type of
construction being block walls and concrete floor, the damage to property would be minimal should
a Q100 flood occur.
Flood impacts
O22 Development does not directly, indirectly or cumulatively alter the flood characteristics external to
the development site for all flood events up to and including the defined flood event based on -
a) current climate conditions; and
b) incorporating an appropriate allowance for the predicted impacts of climate change.
Comment: Because the proposed development has not been filled above the flood level, this means
the development will not adversely affect the flooding capacity off site.
As far as practicable, the proposed development complies with or could be conditioned to comply
with the provisions given the built form exists on the land.
State assessment and other matters
Planning Regulation 2017
Under the Planning Regulation 2017, the proposed development does not require an assessment
against any provisions. The subject land is located within the Urban Footprint and is not for prohibited
development under Part 16 of Schedule 10. Further, the application does not require referral to any
State agencies under Schedule 10.
State Planning Policy
The Noosa Plan 2006 predates the State Planning Policy 2017 (SPP), consequently an assessment is
required against the SPP, to the extent relevant. Under Part E, State interest for natural hazards, risk
and resilience, the issues with respect to flooding have been discussed above. Given the proposed
development does not involve new building work, the proposed development does not offend the
provisions under this part or could be conditioned to comply in terms of the storage of hazardous
materials.
Infrastructure Charges
The proposed development should not be required to pay infrastructure charges in accordance with
the Noosa Shire Charges Resolution (No. 3) 2018. This is because the proposed development
maintains existing use rights for industrial development, this being akin to Industrial Business Type -
Production, alteration, repackaging and repairing. Further, no additional building work is being
proposed, with the development being consistent with the current development permit for building
work issued by the Council (Attachment 2), with no infrastructure charges being levied for that
development at the time.
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Conclusion
The proposed development seeks to provide for low impact industrial and service industry uses,
considered to be best suited to the site in the circumstances. The land has been developed for
industrial development with a relatively new building having been constructed following a fire that
destroyed the original building in 2015/2016.
The Council granted a development permit for building work and at the same time confirmed that
only two uses are allowed including a dry-cleaning business currently operating from the subject land
and a surfboard manufacturing business which has not operated from the site since the new building
was constructed.
Currently the development is sterilised because the land contains a relatively new building which has
been constructed for light industry purposes but has a very limited range of uses. This has resulted in
the second tenancy being vacant for many years, because it can’t be used for any purpose other than
surf board manufacturing, which is clearly not desirable from a town planning perspective.
Consequently, alternative compatible uses need to be considered that will not have a significant
impact upon the amenity of the locality.
The proposed uses of Low Impact Industry and Service Industry as defined under the Guidance for
applying the regulated requirements to local planning schemes, November 2017, produced by the
DSDMIP, provides sufficient detail to allow for a range of low impact uses that are suitable. In the
alternative other commercial uses would have to be considered but have not been applied for at this
time.
The proposed development adjoins a single residential property with the boundary containing a
retaining wall and timber fence over which provides for noise mitigation to this property. Further, the
development is orientated towards the roadways, adjoins open space recreation land, and is otherwise
isolated. Given the above, it is not expected that the low impact industry and service industry uses as
defined above would have a significant impact upon amenity or character at this location.
In the circumstances, given the site contains a relatively new industrial building, the proposed
development should be allowed.
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