Council Report MCU17 0546

mcu17/0546 – application for material change of use – home based business – Type 3 significant scale situated at 54 boronia Road, cootharaba

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU17/0546

Attachments	Nil

APPLICATION DETAILS
Applicant	All Star Metal Fab
Proposal	Material Change of Use - Home Based Business - Type 3 Significant Scale
Properly Made Date	8 November 2017
Information Request Date	n/a
Information Response Date	n/a
Decision Due Date	10 April 2018
Number of Submissions	2

PROPERTY DETAILS
Property Address	54 Boronia Rd Cootharaba Qld 4565
RP Description	Lot 13 SP 116696
Land Area	39860 m²
Existing Use of Land	Dwelling and associated outbuildings and steel fabrication business in existing shed

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Locality	Boreen Point, Kin Kin and Cootharaba
Zone	Rural
Overlays	Biodiversity Overlay – Environmental Protection Natural Resources – Agricultural Protection Area Natural Hazards – Bushfire (Potential Impact Buffer) and Low Potential Acid Sulfate Soils
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 8 May 2018 regarding Application No. MCU17/0546 for a Development Permit for  Material Change of Use - Home Based Business - Type 3 Significant Scale situated at 54 Boronia Rd, Cootharaba and:
A.	Approve the application in accordance with the following conditions:
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.	Plan/Document Name	Date
D-01	Site Plan, Martoo Consulting	1 November 2017
Nature and Extent of Approved Use
The business use must not exceed a floor area of 360m2. In addition to this area, any outdoor parking of trailers must not exceed 2 at any one time.
A maximum of 2 deliveries per month is allowed.
The approved use must not operate outside the hours of 7.30am- 5.00pm Monday to Friday and 8.00am to 1.00pm on Saturdays. The use must not operate on public holidays.
Site Access and Carparking
A sealed access driveway must be provided from Boronia Road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover in accordance with Council’s standard drawing RS-056.
A minimum of 6 car parking spaces must be provided on the site and accessible at all times while the use is open for business. The works must be in accordance with an Operational Works approval and include in particular a carparking area constructed with an all-weather surface.
The carparking area must be designed and constructed such that all vehicles can enter and exit the site in a forward gear.
All car parking areas and access driveways must be maintained:
to ensure the carparking area is accessible in wet weather
to ensure that no loose material is carried from the site on vehicles
exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
All fill and associated batters must be contained entirely within the subject site.
Timing associated with the site works are as follows:
the applicant must lodge an Operational Works application within 2 months of the date of this approval.
works associated with site access and car parking must be completed within 3 months from the date of the Operational Works approval.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Bushfire Management
The site must be provided with a water storage reservoir having a minimum 5000 litres of water for emergency firefighting purposes. Such storage must be provided in addition to the water supply capacity required for the use and must be provided in the form of either an accessible dam, swimming pool, or rainwater tank. If by rainwater tank, water storage for firefighting purposes must be provided either in a separate rainwater tank or a reserve section in the main water supply tank on which:
the domestic take off from the tank is at or above the 5,000 litre point; and
standard rural fire brigade fittings are fitted to the tank outlet for access by four wheel drive rural services vehicles
The site must be provided with an auxiliary power supply such as a petrol driven fire fighter pump (or generator), together with a hose of sufficient length to easily reach around to all sides of the building.
A 20 metre wide asset protection zone from/around the building/s to the northern bushland must be maintained on the site which is kept free of:
grass higher than 300mm
large trees that have continuous or overlapping canopies with other large trees
trees that overhang dwellings or structures
dead branches and loose bark; and
woodpiles, combustible material storage areas, large quantities of garden mulch or any other form of stacked flammable materials.
A legible Bushfire Evacuation Plan must be clearly visible to staff and visitors at all times.
Acoustic
The open southern end of the building must be enclosed with a permanent wall to the existing shed within 2 months of the date of approval.
Noise associated with the activity measured at the nearest residential boundary, must not be—
for noise that is continuous noise measured by LA90,T—more than nil dB(A) greater than the existing acoustic environment measured by LA90,T; or
for noise that varies over time measured by LAeq,adj,T—more than 5dB(A) greater than the existing acoustic environment measured by LA90,T.
All cutting equipment must be kept at the northern end of the building and have a (floor to ceiling) wall separation from the construction area of the building.
The compressor must not be audible:
before 8.00am and after 5.00pm Monday to Friday; and
on Saturday, Sunday and Public Holidays.
Waste
Waste storage areas must be sited and designed so as to not detract from the visual amenity of the streetscape.
Waste storage areas allow for the separate storage of different waste materials for reuse or recycling by:
providing sufficient area to store all recyclable material and recycling containers required; and
sign posting the types of waste stored.
Waste collection and/or delivery vehicles associated with the activity are to comply with the following –
Limited to between 7:00am to 6:00pm Monday to Friday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Saturday, Sunday or Public Holidays.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Signage
The total number of advertising signs provided on the site must not exceed 1 with a maximum sign face area of 4m2.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant has applied for a retrospective approval for a Home Based Business - Type 3 Significant Scale. Allstar Fabrications is a steel fabrication business that currently operates from an existing shed on the property with a gross floor area of 360m2. The business employs 6 staff, including the resident owners of the business. The business proposes to operate from 7am to 6pm Monday to Saturday (excluding public holidays). Onsite parking for 6 cars associated with the business is proposed to be located north of the driveway and adjoining the shed to the west. Refer Figure 1 – Proposal.

\
Figure 1 - Proposal
site details
The site is just under 4 hectares in size and is one of the two properties near the end of Boronia Road, with parkland beyond. Boronia Road is sealed and ends as a cul-de-sac beyond this site. The site is relatively flat with a small drainage channel extending along the eastern boundary. The northern part of the site is densely treed and the remaining portion of the land is mostly cleared. Some established vegetation occurs throughout the site. Two dams exist on the southern part of the site. Refer Figure 2 - Subject site.
Background
The business, Allstar Fabrications have been operating from this site, within an existing shed for 5 years.  Council received a complaint with regard to noise associated with business operations and from motor bikes riding on the property in September 2017. The complaint expressed concern about dirt mounds being created on the property to facilitate motor bike riding. Other noise issues identified in that complaint were ‘clanging and banging’, the revving of cars, loud music and the driving of race cars and motorbikes up and down Boronia Road. The letter received had multiple signatories.
The applicant subsequently submitted an application for the business use in response to the compliance action.  A Council officer advised that a suitable qualified acoustic consultant be employed to address noise concerns and impacts on the amenity with regard to the neighbours. It was also raised that all parking should be provided on site.
The shed for which the Home Based business is located, obtained building approval in 2010. An ‘extension’ to the dwelling was approved by a Private Certifier but appears to be a second dwelling, having a gross floor area of over 107m2 (not including the garage and patio).  Both dwellings have been constructed and it is noted that the second dwelling does not have planning approval. The owners have been advised of this.
Site Description

Figure 2 - Subject site
Surrounding Land Uses
There is a mix of rural residential type lots and rural land holdings within the general area. The subject property and surrounding properties were approved for subdivision of what is considered typically rural residential size lots in 1999. Land use in this area is typically rural residential lifestyle lots and environmental park areas. There is some land under cultivation observed on larger lots on Junction Road.
The site is rural residential in nature and is surrounded to the south, east and west by rural residential type lots. The site adjoins a 55 hectare reserve known as Cootharaba Park which is north of the subject site.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Regional Landscape and Rural Production area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
Koala Habitat Area
The proposal is for urban activity within the Regional Landscape and Rural Production Area and is consistent with the assessment benchmarks contained in the Planning Regulation 2017. The urban activity occurs outside of the Koala Habitat Area.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development, which include the below Codes.
Boreen Point, Kin and Cootharaba Locality Code
Business Uses Code
Landscaping Code
Engineering Works Codes
The subject site is located in the Boreen Point, Kin and Cootharaba Locality and is zoned Rural. The proposed use is defined as a consistent use with the zone and is required to follow an impact assessable application process.
The Rural zone is intended to provide for rural amenity and agricultural productivity and to have appropriately located enterprises that enhance the economic sustainability of the hinterland. New uses are to be located, designed and managed to be compatible with other uses and avoid significant adverse impacts on the amenity enjoyed by users.
The proposed use has the potential to impact on nearby resident’s amenity if not maintained at a reasonable scale and potential impacts appropriately mitigated. Potential environmental and amenity impacts for the proposed use must be assessed to determine if there are any significant adverse changes to the light, air quality, noise, accessibility or any other conditions impacting nearby uses.
The following table demonstrates the proposals degree of compliance with the Probable Solutions in the Business Uses Code.
Probable Solutions for the Business Uses Code Type 3 Significant Scale	Comments	Complies  X
S53.1 The business is located— a) in the Rural Zone or Rural Settlement zone; or b) on a lot of more than 2000m2 in urban settlements	The business is located in a Rural Zone.	
S53.2 Noise from the business is not audible beyond the site boundaries; AND S53.3 All noise emitting plant and equipment associated with the business is enclosed or located at least 200m from adjoining houses; AND	The submitted noise report demonstrates compliance with this requirement. The shed is mostly enclosed and will be conditioned to be largely enclosed as discussed below.	
S54.1 A maximum of 300m2 of the site is used for business purposes.	The proposal has an area of 360m2 within an existing shed and there is storage of 1 to 2 trailers external to the shed at any one time. The scale of the business is relative to the lot size and does not dominate the area. This is discussed in more detail below.	X
S55.1 No more than 6 persons associated with the business are present on the premise at any one time (this includes any residents living on the premises and directly associated with the business); AND	6 employees (including the resident) are associated with the business.	
S55.2 Only goods which are manufactured on the site are offered for sale by the business.	All goods for sale are manufactured on site.	
S56.1 Any vehicle, stored equipment or materials associated with the use are located within a building or screened from view from all public places and adjoining properties by fencing or dense landscaping.	Existing mature plantings exist on site limiting views from Boronia Road. No more than 2 trailers associated with the business are stored on site at any one time.	
S57.1 Quantities of chemicals, gases or other hazardous materials do not exceed the limits normally associated with a residential activity; AND S57.2 Storage of flammable and combustible liquids complies with the storage provisions in Section 2 of Australian Standards AS1940 - The Storage and Handling of Flammable and Combustible Liquids.	There is no evidence that there is an exceedance of limits of hazardous materials associated with the use.	
S58.1 The business is directly accessible from a sealed road or a good standard gravelled road; AND S58.2 Driveways do not exceed a gradient of 1 in 4 (25%). AND S58.3 Commercial deliveries or collections are limited to 2 per day; AND S58.4 Loading and unloading activity is undertaken entirely within the site; AND S58.5 Where the site gains access from part of the Major Road Network, vehicle manoeuvring areas are provided in accordance with Section 3 of AS 2890.1 Parking Facilities (Part 1: Off-street Carparking) so vehicles enter and leave the site in a forward gear. S59.1 A minimum of 4 carparking spaces are provided on the site of the business;	The property associated with the business is located on a good quality sealed road and the driveway has an appropriate and compliant gradient. Unloading occurs entirely within the site. Deliveries are limited to 2 a month. On site vehicle manoeuvring areas can be achieved and conditioned appropriately. 6 formal car spaces will be made available and can be conditioned appropriately.	
S60.1 The business does not operate outside the hours of 8.00am to 6.00pm, Monday to Saturday excluding public holidays.	Partly complies. The recommended hours as discussed below are from 7.30am – 5.00pm Monday to Friday and 8.00am – 1.00pm Saturdays, excluding public holidays.	
S61.1 Not more than one sign is erected on the premises and the sign— a) is a fence sign, wall sign or freestanding sign with a signface area not exceeding 750mm by 400mm or 0.3m2 ; b) displays only the name, occupier, occupation and contact details; and c) is not illuminated or in motion.	This can be conditioned appropriately.	
The pertinent issues arising out of the assessment are discussed below.
Scale of use
The business operates from an existing shed which has a building footprint of 360m2, located on the northern part of the property. It is not proposed to increase the existing size or scale of operations. There is some temporary storage of trailers/caravans outside of the building footprint awaiting delivery. Views of this storage area from Boronia Road are limited and the area cannot be viewed from any other boundary.
Only goods that are manufactured on site are offered for sale by the business. Manufactured goods are generally delivered, with the occasional pick up.
A Probable solution of the Business Uses Code is that a Home Based business Type 3 should be no greater than 300m2. The existing business exceeds this criteria, but complies with all other probable solutions. The relevant Specific outcomes relevant to this are:
The scale and nature of the business is relative to the lot size and does not dominate or conflict with the area in which it is situated; AND
The business remains ancillary to the residential use of the site.
The scale of the business takes up a small portion of the 4 hectare site and does not visually dominate the site or the area in which it is situated. The residential use remains the primary use, with the business use a secondary use. The operations are located between the residential use and parkland on the northern part of the property and are not particularly visible from the road or adjoining properties.
Amenity
The key challenge for business to be located in a rural environment is the preservation for amenity for residents nearby.  The Business Uses Code requires business uses ‘to be located, designed and operated to avoid significant adverse changes to the light, air quality, noise, accessibility or other conditions enjoyed by users of associated, adjoining or nearby uses.’ There has been a complaint regarding noise from the business use and private activities occurring on the subject site.
Any private activities such as motor bike riding are generally a police matter. The complaints associated with noise emulating from the business mention ‘clanging and banging’. Activities associated with the business include the cutting and welding of steel and building of trailers for different purposes. Depending on the size and nature of a trailer being constructed, they can take between 2 weeks and some up to 3-4 months (and sometimes longer) to complete a trailer. The business does not undertake repairs or maintenance.
Specific Outcome O 53 of the Business Uses Code specifies the use should ‘not interfere with the amenity of the neighbourhood from the operation of machinery or electrical equipment or from light, noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, grit, oil, dust, waste water, waste products, electrical interference, traffic generation or otherwise’. The residences most affected are those adjoining residences located about 140m to the south, 125m to the south east, 195m to the east and 150m to the south west. Refer Figure 2 – nearest residences to subject property.

Figure 2 – nearest residences to subject property.
Amenity is the main factor of consideration relating to this proposal.  The applicant submitted a noise report with the application which reported on a 7-day monitoring schedule conducted in September 2017.  The report concluded that the business complies with the noise criteria under the Noosa Plan.  In summary, ‘. Noise from Allstar Metal Fabrication complies with the noise criteria at the closest boundaries to the Allstar Metal Fabrication building and, therefore, no further noise control measures are required. This is provided that the shipping container remains in place across the eastern end of the Allstar Metal Fabrication building.’ The report also recommended operating hours to be 7am to 6pm Monday to Saturday (no public holidays).
The applicant advised that a new guillotine and metal folding machine was purchased in December 2017 that are quieter in their operation and more efficient than previous equipment. The noise consultant reviewed this further equipment in March 2018 and reported the following, ‘The results of this additional source noise assessment clearly indicated that even the highest noise source for this new equipment (cutting 3 mm thick aluminium checker plate on the guillotine) was more than 10 dB(A) quieter than all of the other operations inside the Allstar Metal Fabrication building and, therefore, this new equipment does not have any additive effect to the calculated Allstar Metal Fabrication noise levels to the closest site boundaries.’
Both reports concluded that noise from the business is not audible beyond any boundaries of the site, thus complying with the requirements of Noosa Plan. Council’s Environmental Health Co-ordinator reviewed the original and the updated noise report and conducted a site inspection during business operations. It was agreed that the noise report is satisfactory in its assessment and recommendations.
Further to this, currently the eastern side of the building (related to the business) does not have a wall and is blocked off with a shipping container which is used for motor bike storage. Even though the noise assessment advised the shipping container to remain, it is considered prudent that the eastern side of the building be permanently enclosed. This was raised with the applicant with them agreeing to permanently enclose this area. This will be conditioned accordingly.
The applicant applied to operate the business between the hours of 7am-6pm Monday to Saturday (no public holidays).  Given the use has attracted a complaint with regard to amenity the possibility of reduced operating hours was discussed with the applicant. The applicant has agreed to reduce the operating hours as originally proposed to 7.30am- 5.00pm Monday to Friday and 8.00am to 1.00pm on Saturdays.
Traffic generation, carparking and access. It is noted that the subject site is 1 of 2 developed properties on Boronia Road, with parkland beyond towards the end of the cul-de-sac. It is acknowledged that the site location means that there will be some traffic movements past the site but this is limited and there is sufficient area within the site to provide for the carparking and manoeuvring areas. Currently, the site has no formal carparking on site for the business use. The applicant has advised that due to on-going wet weather, they have been requiring their employees to park on Boronia Road, rather than on the grassed areas of the property. The Business Uses Code requires 6 on-site car spaces for the proposed use. The applicant proposes to construct a car parking area to accommodate 6 cars for the employees situated to the north of the existing driveway and adjoining the shed to the west. This will be conditioned as part of any approval and given the use exists, a timeframe will be stipulated to ensure this is dealt with in an acceptable timeframe.
The relevant Australian Standard (AS/NZS2890.1:2004) recommends that “reversing movements to public roads shall be prohibited wherever possible” and therefore a relevant condition has been included to ensure vehicles exit the site in a forward motion. A condition for the construction of a complying access driveway will also be required.
The applicant advises that finished trailers are parked in the short term between the shed and the proposed car parking awaiting delivery to the relevant client. Personal trailers associated with the owner’s leisure activities are also stored on site. The trailers have limited visibility from the street. The applicant advises that the trailers are mostly delivered to the client, but there are occasions when the client picks up the final product. This results in minimal traffic generation, particularly given that the construction of the trailers happen over a relatively long period of time.

cONSULTATION
Referral Agencies
The application was not referred to any Referral Agencies.
Other Referrals
The application was forwarded to the following internal Council officers:
Co-ordinator, Engineering
Environmental Health Co-ordinator
Compliance Officer, Development Assessment
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. Two properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Noise generated as an adverse impact on amenity and character of the area. Noise associated with the business is audible beyond the boundaries of the site. Noise report concentrates on properties on the eastern and western boundaries – no focus on other boundaries. The noise test coincided with an obvious reduction in noise.	The applicant has submitted a noise report prepared by David Moore, which was updated to include the installation of new metal cutting and clamping & bending machines in December 2017 which has reduced the use of angle grinders and saw cutting. The noise report concentrated on the nearest residential boundary, and concluded that the ambient noise levels are less than 10 decibels and are not audible beyond the boundaries of the site. Council’s Environmental Health Co-ordinator reviewed the noise report, concluding it is satisfactory. Conditions relating to background noise levels and the additional structural conditions etc. (enclosure of eastern wall and partitioning of the noise sources off from the construction area of the building) should further manage noise. Operating hours have also been conditioned.
Large trucks deliver aluminium and gas to the site on a regular basis. Traffic associated with employees, clients picking up their purchase and specialists associated with the nature of the business (gas fitters, electricians etc.) The roads are poorly constructed and cannot handle delivery trucks. The traffic volume is not in keeping with children riding bikes and horses.	The applicant advises that deliveries occur twice a month (aluminium and gas). This is largely due to the location of the business and the cost associated with more frequent deliveries. All waste is collected once a fortnight. Boronia Road is a sealed road and ends as a cul-de-sac and is of an appropriate standard for vehicles associated with the business.
The proposed floor area exceeds the allowable 300m2 (probable solution). Finished caravans and trailers are stored outside to the north of the shed and this constitutes use area (in addition to the shed) and toilets within the other shed increase use area.	The proposed floor area is 360m2 within the existing footprint of the shed. Given the size of the land and separation from other dwellings in the area, and the results of the noise assessment, this is of little concern provided the footprint does not increase. There is some temporary storage of trailers/caravans outside of the building footprint awaiting delivery. This area is limited view from Boronia Road and cannot be viewed from any other boundary. A condition will be placed on the approval limiting the floor area to 360m2, plus an area for storage of no more than 2 trailers associated with the business at any one time.
Given the scale and nature of the development, the use should be defined as Industrial Business Type 2 – Production, alteration, repackaging and repairing. Approving a Type 3 business in a residential rural area sets a precedent. Heavy industry should be located in an industrial area.	The business is considered ancillary to the residential use. The proposal complies, or can be conditioned to comply with the perimeters in the Noosa Plan with regard to a Type 3 home based business.
The business has grown in scale in the last 2 years. Prior to this, there was less activity on site. The development is likely to continue to increase in scale and cause adverse amenity impacts in terms of the traffic and noise generated. The use is not compatible with the rural residential amenity and character.	The site is positioned at the end of a cul-de-sac, adjacent to parkland and the shed is 125 m from the nearest residence. The proposal may be conditioned to ensure the business remains at a suitable scale and it does not impact on nearby resident’s amenity.
The business is not ancillary to the residential use as more than 6 persons will be attending the site due to deliveries and clients attending the site.	The Business Uses Code allows up to 6 persons (including the resident) associated with a Type 3 Home Based Business. Typically 4 staff attend daily and this number was observed during site visits. The proposal complies with this.
The proposed hours of operation 7am-6pm 6 days a week does not comply with the specific outcomes which states that ‘the hours of operation do not cause environmental nuisance to neighbouring residents’	The hours of operation applied for are 1 additional hour per day of operation. The applicant has agreed to reduce the operating hours applied for to 7.30am- 5.00pm Monday to Friday and 8.00am to 1.00pm on Saturdays. The hours of operation exclude public holidays. This is generally consistent with the hours specified by the Business Uses Code. The noise report concluded that business operations are not audible beyond the boundaries of the subject site.
Concerns with impacts on the environment with the storage of chemicals on site. Particularly due to the fact that the site is subject to localised flooding and the risk of fire or spillage. Significant rain events results in runoff going into a drain that borders the park.	The existing shed and entire property are not within a flood affected area. The shed is also located on the highest point of the property along with other structures. In terms of chemicals on site, the trailers are constructed from aluminium and it has been advised that the argon gas used for the welding is not flammable, nor are there any fumes created that could travel and be harmful.
A Bushfire Hazard report has not been provided and hazardous substances are stored on site.	The use is located within an area identified as potential impact buffer in a bushfire hazard area. The use area is contained within a shed and separated 50m from the bushfire hazard which is mapped as high potential bushfire hazard. The use and works are located further than 1.5 times the height of the predominated vegetation in the hazard area, sufficient water supply is located on site and in the event of a bushfire, the evacuation route will not intersect the hazard area. It is considered that reasonable conditions can be applied to address the bushfire hazard requirements of the Natural Hazards Overlay Code.
It has been observed that cars associated with the business park on Boronia Rd. The applicant has not indicated whether parking, storage and manoeuvring areas are to be sealed and demonstrated that vehicles can enter and leave the site in a forward motion.	Some employees have been parking on Boronia Road to avoid parking on grassed areas during the wet season. Conditions of the development will ensure this does not continue to occur. The applicant is required to provide 6 on-site car parks. The access and parking should be designed to enable vehicles to enter and leave the site in a forward motion. It has been observed that the rubbish truck currently reverses from the site and it is unlikely that it will be able to manoeuvre on site due to its size. The rubbish truck associated with the business visits once a fortnight and Boronia Road is a cul-de-sac with the subject property being the last in the road. There is no through traffic in this location. Therefore, the impacts from this are considered minimal in this case.
There is hooning on Boronia Road by motorbikes and cars.	This is a police matter and the residents have indicated that incidences have been reported.
Residents concerned with impacts on property values being close to a fabrication business.	This is not a planning issue.
conclusion & REASONS FOR DECISION
The applicant has applied for Type 3 Home Based Business seeking retrospective approval for an existing business on the subject site. The proposal largely complies or can be conditioned to comply with the Noosa Plan, including acoustic and visual factors. The exception to this, is an exceedance in area associated with the use stipulated in Probable Solution S 54.1 of the Business Uses Code.  The home based business has been operating for 5 years and until recently it has been operating without complaint.  The additional area required for business operations and associated car parking is not considered to impact on the amenity of the area as there is sufficient existing vegetation and separation to adjoining dwellings. The proposal is therefore recommended for approval subject to conditions contained within this report.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

[word/footer1.xml]
Page 1 of 15

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	8 MAY 2018