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Court Judgement 16 July2021 - Case 102 of 2020
In the Planning and Environment Court No. D102 of 2020
Held at: Maroochydore
Between: TURNER PROPERTY GROUP PTY LTD Appellant
ACN 168 364 136
And: NOOSA COUNCIL Respondent
ORDER
Before: His Honour Judge Cash QC
Date of Hearing: 16 July 2021
Date of Order 16 July 2021
UPON READING the Notice of Appeal filed on 19 June 2020; and
UPON HEARING the solicitor for the Appellant and solicitor for the Respondent;
IT IS ORDERED, WITH THE CONSENT OF THE PARTIES, THAT:
1. the Appeal be allowed; and
2. the decision of the Respondent to refuse the development application be set aside and
replaced with a decision to approve the Appellant’s development application for a
Development Permit for a Material Change of Use for an Ancillary Dwelling Unit on land at
1/33 Gateway Drive, Noosaville (described as Lot 1 on SP170305) on the conditions attached
hereto and marked “Annexure A” paginated 1-4.
ORDER P&E Law
Filed on behalf of the Appellant Suite 4, 59 The Esplanade
Maroochydore Qld 4558
Form PEC-7 Telephone: 07 5479 0155
Facsimile: 07 5479 5070
Email: [email protected]
Ref: LAM:20283
Planning Act 2016 Version 1 July 2017
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Filed: / /2021
Filed by: P&E Law
Service address: Suite 4, 59 The Esplanade, Maroochydore Qld 4558
Telephone: 07 5479 0155
Email: [email protected]
Registrar
2
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1
"Annexure A"
1. APPLICATION DETAILS
Application No: MCU20/0008
Street address: Noosaville Industrial Service Park Two 1/33 Gateway Drive,
Noosaville
Real property description: Lot 1 SP 170305
Planning Scheme: The Noosa Plan (8 June 2018)
2. DECISION DETAILS
The following type of approval was issued:
• Development Permit for Material Change of Use – Ancillary Dwelling Unit
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. CONDITIONS OF APPROVAL
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
Project No. 2020- C Site Plan prepared by Building Suncoast 13.01.20
01 Sheet No. 01 of Green
02
Project No. 2020- C Floor Plans 13.01.20
01 Sheet No. 02 of
02
Nature and Extent of Approved Use
3. The ancillary dwelling unit must not be let independently of the industrial use conducted
on the lower level and may only be occupied by the caretaker, owner or employee of the
industrial use conducted on the low level. The ancillary dwelling unit is not permitted to
be used for bed and breakfast accommodation and/or short-term accommodation.
4. The ancillary dwelling unit must not be separately titled to the industrial use on the lower
level and must remain associated and ancillary to the industrial use on the lower level.
5. All windows of the ancillary dwelling unit must be double glazed and noise attenuating
insulation installed between tenancies.
Currency Period
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6. The development approval lapses if the works have not been completed and all
conditions of approval been complied with by 17 June 2027, unless an application to
extend the currency period is approved by Council.
5. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
1. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges
Resolution” made pursuant to the planning legislation and regulations current at the time
of issue.
2. The proposed ancillary dwelling unit is located in an area that is zoned Low Impact Industry
under the Noosa Plan 2020 and a range of industrial uses are planned to establish that
may generate noise, odour, dust, waste nuisance or the like. These industrial businesses
will not be required to include additional measures to address the potential impacts from
these industrial uses on the dwelling unit given they should reasonably be expected.
6. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building works
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SITE AREA 1655.0m2
53.200 332°52'20" AREA GROUND
FLOOR
TENANCY 1 153m2
TENANCY 2 67m2
EXISTING
LANDSCAPE TENANCY 3 66m2
TENANCY 4 67m2
TENANCY 5 70m2
TENANCY 6 73m2
TENANCY 7 153m2
TOTAL FLOOR AREA 649m2
TOTAL SITE COVER 39.2 %
62°51'50"
PROPOSED NEW
CARETAKERS AREA PROPOSED NEW TENANCY 79.6m2
ABOVE EXISTING EXISTING EXISTING EXISTING EXISTING EXISTING 1 CARETAKERS RESIDENCE
79.6m2 MEZZANINE
TENANCY 2 TENANCY 3 TENANCY 4 TENANCY 5 TENANCY 6 TENANCY 7
242°51'50"
67m2 66m2 67m2 70m2 73m2 153m2
LANDSCAPE REQUIRED 15 % 248.2m2
24.231
LANDSCAPE PROVIDED 25 % 427.7m2
EXISTING GROUND CAR PARKING REQUIRED 14 + 1 CARETAKER PARK
FLOOR
30.530
CAR PARKING PROVIDED 16 + 1 CARETAKER PARK
TENANCY 1
152.3m2
LOT 1-7 ON SP 170305
COMMON
1655m2 PROPERTY
BIN STORE AREA
CARETAKER (CANCELLING LOT 2 ON SP170295) 4m2
CARPARK 13
CC1
3 4 5 6 7 8 ACCESSIBLE
1 9 CARPARK
EXISTING TYPICAL
5.4m L X 2.5m W
10
CARPARKS
11 14
20" PE
89° LANDISSCTING
5.4m L X 2.5m W EXISTING
12
A
TYPICAL CARPARKS
RPA TING
2
EX
RKS
L CAW EXIS
15
06'
TYP X 2.5m
EXISTING
EMT C
ICA
LANDSCAPE
16
A
EXISTING
L
ARE
5.4m
LANDSCAPE
21.843
70
RE
EXISTING
STO
152°51'20" 20.84
0
ONE WAY
163°08'30
13.
BIN
DRIVEWAY
(ENTRY)
0" EXISTING
LANDSCAPE
EXISTING
4
ONE WAY 174 .606
DRIVEWAY °45
(EXIT) '35
"
GATEWAY DRIVE
Drawn by SB Checked byDJ
Client DARRENT MAGEE
TENANCY 1 (LOT 2) GATEWAY DRIVE
NOOSAVILLE QLD.
NO
RT C 31.01.20 SITE PLAN ADDED SB DJ
H B 14.01.20 SKETCH DWGS SB DJ
SITE PLAN A
ISSUE
13.01.20
DATE
SKETCH DWGS
SUBJECT
SB
INITIAL
DJ
AUTH
Drawing Description
SITE PLAN
1 1 : 200
AMENDMENTS
6 LORRAINE AVE, MARCOOLA QLD. 4564
PHONE:(07)54488 500 Mobile: 0418 715 702
Scale As indicated Date 13.01.20
EMAIL: [email protected]
Project No. 2020-01 Sheet No. 01 OF 02
QBSA LICENCE No. 65942 SKETCH DWGS Issue C
Page 6
4
3000
MIN FRL WALL FROM SIDE
BOUNDARY
2406 LVE
2406 LVE 2406 LVE 2406 LVE (4)
TV
ROBE
LIVING
BED 1 BED 2
BROOM
820 820
520
ROBE
ENTRY
CARETAKERS AREA
LINEN
79.6m2
VELUX 720 720
NEW STAIR TUB SHW
SKY
18# [email protected] HIGH LIGHT WC
DINING
FIRE ISOLATED EXIT STAIR
16# TREADS @ 250mm WIDE +
WALLS: MIN FRL 60/60/60
1 LANDING AT BOTTOM OF WC
WM & VELUX VELUX
STAIR DRYER VAN SKY SKY
SHW LIGHT LIGHT
VAN
OUTLINE OF CARETAKERS
720 KITCHEN
RESIDENCE ABOVE PAN
VELUX
SKY
SINK
O
LIGHT
UT RE
LI SI
R
EF
NE DE
O NC
F E
CA A
UB
O
UP
RE BO
TA VE
KE
RS
EXISTING GROUND FLOOR
TENANCY 1
153m2 VOID TO GROUND LEVEL
720
(2) BELOW
3530 RD
2406 DH 2406 DH 2406 DH
GROUND FLOOR PLAN UPPER FLOOR PLAN
SCALE: 1:100 @ A3 SCALE: 1:100 @ A3
Drawn by SB Checked byDJ
Client DARRENT MAGEE
TENANCY 1 (LOT 2) GATEWAY DRIVE
NOOSAVILLE QLD.
C 31.01.20 SITE PLAN ADDED SB DJ
B 14.01.20 SKETCH DWGS SB DJ
A
ISSUE
13.01.20
DATE
SKETCH DWGS
SUBJECT
SB
INITIAL
DJ
AUTH
Drawing Description
AMENDMENTS FLOOR PLANS
6 LORRAINE AVE, MARCOOLA QLD. 4564 Scale 1 : 100 Date 13.01.20
PHONE:(07)54488 500 Mobile: 0418 715 702
EMAIL: [email protected]
Project No. 2020-01 Sheet No. 02 OF 02
QBSA LICENCE No. 65942 SKETCH DWGS Issue C