MCU15/0102.02 - Delegated Report

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	MCU14/0102.02 & OPW15/0051
	
Author:	Glen Conforti – Development Planner
	
Project Director:	Glen Conforti - Development Planner
	

APPLICATION DETAILS
Application Number:	MCU14/0102.02 & OPW15/0051
Applicant:	Empirica Developments Pty Ltd
Request Received Date:	20/10/2015
Original Approval Type:	Development Permit for Material Change of Use for various industrial businesses, a service station/convenience shop and a food outlet and Operational Works for signage
Number of Submissions for Original Application:	14 properly made (1 objection and 13 in support)

PROPERTY DETAILS
Property Address:	139 Eumundi Noosa Rd NOOSAVILLE  QLD  4566
RP Description:	Lot 4 SP 159610 and Lot 31 SP 170751
Land Area:	4166m² and 3574m² = 7740m²
Existing Use of Land:	Lot 4 - Mechanical repairs, car sales yard and plumbing supply business Lot 31 - Vacant

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Locality:	Noosaville Industry zone
Planning Zone:	
Assessment Type:	Change to an Existing Approval

PROPOSAL:

The application seeks approval to remove Retail Business Type 6 – Hardware Store from the Material Change of Use approval.

BACKGROUND:
A Development Permit for Material Change of Use for various industrial businesses, a service station/convenience shop and a food outlet and Operational Works for signage was issued on 4 June 2015 and took effect on 10 August 2015.
At the time, the original application was publicly notified 14 properly made submissions were received (1 objection and 13 in support). The objection was primarily concerned with car parking, traffic generation, fuel storage and the financial viability of existing food outlets.
On 24 September 2015 Council approved a change to the approval which primarily consisted of including a vehicle drive through to the rear of the food outlet and minor changes to floor areas and car parking.

STATUTORY PROCESS:

The proposed change to the development approval requested by the applicant is considered to constitute a permissible change because:
The change would not result in a substantially different development as the application is for the removal of a consistent use with no changes to the built form;
The change would not trigger a new referral to the State Assessment and Referral Agency;
The original application was impact assessable and the proposed changes are unlikely to cause a person to make a properly made submission because the use being removed is a consistent use in the Industry zone and the community is well aware of the development, being recently advertised in April/May 2015.
The changes do not involve prohibited development.
On this basis, the applicant is considered to be following the lawful process in making the request.
ASSESSMENT:

MATERIAL CHANGE OF USE

Item 2 of the Decision Notice

The applicant seeks to remove the Retail Business Type 6 – Hardware Store from the approval and cites the following reasons:

The applicant does not now believe that there will be a prospect in the short or long term to attract a hardware tenant to this development. This is also weighed against the significant cost associated with the infrastructure charges applicable to the Hardware use.

Assessment
Agree. Retail Business Type 6 – hardware is a consistent use within the Industry zone and its removal from the approval raises no concern. Should a hardware store wish to occupy a tenancy in the future, a material change of use application can be submitted to Council.

Condition 2
The applicant requests changes to the approved plans to reflect the removal of the hardware store use.

Assessment
Agree. For clarity, the plans should be amended to remove reference to the hardware store use within the industrial tenancies.

Advisory Note
For clarity in regard to the Infrastructure Charges applicable to the development, an additional Advisory Note is included.

RECOMMENDATION

APPROVE the request to change a development approval, Application No. MCU14/0102.02 and OPW15/0051, situated at 139 Eumundi Noosa Rd NOOSAVILLE QLD 4566, in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, on 23 October 2015 Council decided to:

A.	Agree to remove the Retail Business Type 6 Hardware store use from the Material Change of Use development approval and change Item 2 of the Decision Notice to read as follows:
Development Permit for Material Change of Use of Premises for Industrial business Type 1 Warehouse; Industrial business Type 2 Production, alteration, repackaging & repairing; Retail business Type 2 Shop & salon; Retail business Type 5 Vehicle uses and Entertainment & dining business Type 1 Food & beverages.
B.	Agree to Change Condition 2 to read as follows:
Approved Plans
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
DA-01-01	M	Site layout, prepared by Powe Architects	16/10/2015
DA-01-02	G	Site – Roof & Signage Location Plan, prepared by Powe Architects	16/10/2015
DA-02-01	F	Floor Plans, prepared by Powe Architects	9/10/2015
DA-02-02	D	Floor Plans, prepared by Powe Architects	9/10/2015
DA-03-01	D	Elevations, prepared by Powe Architects	14/08/2015
DA-03-02	D	Sections, prepared by Powe Architects	14/08/2015
SD-01	F	Landscape Concept Plan and Section, prepared by DFS Group	05/08/2015
SD-02	F	Landscape Concept Plan and Elevation, prepared by DFS Group	05/08/2015
SD-03	F	Design Intent & Suggested Plant Palette, prepared by DFS Group	05/08/2015

C.	Agree to include an additional Advisory Note 18 to read as follows:

Additional Advisory Note October 2015
Infrastructure Charges
18.    This “Change to an Existing Approval” will trigger a “Revised Infrastructure Charges Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (adopted charges). This Infrastructure Charges Notice (Revision 2) replaces the previously issued Infrastructure Charges Notice (Revision 1) due to the removal of the Retail Business Type 6 Hardware use from the development approval.

REPORT COVER SHEET
PLANNING

APPLICATION NO:	MCU14/0102.02
	
AUTHOR:	Glen Conforti
	
PROJECT DIRECTOR:	Glen Conforti
	

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is the application required to be decided by the Iconic Panel?:	Yes     /     No
Is referral required to the Councillor Delegated Sign Off Mailbox?:	Yes     /     No
Has a site inspection been undertaken?:	Yes     /     No
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?:	Yes     /     No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

PLANNING OFFICER	MANAGER

Signature:	Signature:
	
Position:	Position:  Development Planner
	
Date:	Date: 23/10/2015

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on <:

Signature:	Date:
	
	

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