Town Planning Report - 25 January 2019 - Final

        “Adamson Town Planning, specialising in providing higher order town planning advice”


      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      are out of date and are not appropriate for the site.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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18029 - Ian Ronald Stephen and Carole Anne McDonald atf for the Gadenford Superannuation Fund