Delegated Report - Impact - Planning MCU18 0195

Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0195
Applicant	Palm Lake Care Properties P/L TTE
Proposal	Material Change of Use - Commercial Business - Type 2 Medical
Properly Made Date	4 December 2018
Information Request Date	21 December 2018
Information Response Date	13 February 2019
Decision Due Date	9 May 2019
Report Completed Date	9 May 2019
Number of Submissions	No submissions received

PROPERTY DETAILS
Property Address	15 Pearsons Rd Cooroy Qld 4563
RP Description	Lot 103 SP 287641
Land Area	2.0170 Hectares
Existing Use of Land	Commercial Business Type 1 – Office (Estate Sales office)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy & lake Macdonald
Zone	Community Services
Overlays	No Overlays Applicable
Assessment Type	Impact
PROPOSAL
The application seeks approval for a Material Change of Use for Commercial Business Type 2 - Medical. The proposal seeks to utilise the existing 78.75m² (GFA) temporary estate sales office building for a Doctor’s practice until the approved 120 bed residential aged care facility is constructed. The applicant indicates:
…’the Doctor’s Practice is proposed to be temporary until Palm Lake Group are ready to construct the approved Residential Care Facility granted over the entire property. Palm Lake Group are waiting on Provisional Allocations to be granted for the approved 120 rooms from the Department of Health’.
Minor changes to the internal layout are necessary and a disabled ramp externally to facilitate the development. The internal changes of the building consistent of:
changing the existing 2 offices into a consulting room and a consulting/nurse’s station room; and
the main office area changed into a reception client waiting area.
A receptionist, doctor and a nurse/doctor’s assistant is proposed to operate from the premises. The applicant indicates that only 1 doctor would operate at any one time.
The existing 9 car parks would be utilised.
Figure 1 below shows the proposed internal layout of the proposal and Figure 2 shows the existing building proposed to be utilised.

Figure 1 - Proposed layout

Figure 2 - Image of the existing building proposed to be utilised for the doctor’s practice.
site details
Background
On 21 July 2016 Council approved MCU15/0111 & REC15/0031 for Multiple Housing Type 3 - Retirement and Special needs comprising 220 independent living units, associated common facilities, 1 caretakers residence and a 120 bed aged care facility. The aged facility is proposed to be located on a separate lot which has frontage to Pearsons Road. The 220 independent living units have been constructed, but the 120 bed aged care facility has not been constructed to date. Figures 3 & 4 below show a site plan of the approved development and layout plan of the approved aged care facility.

Figure 3 - Development Site Plan

Figure 4 - Aged Care layout plan
On 11 March 2016 Council approved MCU15/0119 for an Estate Sales Office on the lot approved for the 120 bed aged care facility as part of the larger retirement and special needs development. The lot adjoins the constructed independent living units. Figure 5 shows the internal layout of the estate sales office.

Figure 5 - Internal layout of the estate sales office
The estate sales office has been constructed and the subject proposal is proposed within this building with only minor changes outlined in Section 1 of this report.
On 21 June 2018 Council approved MCU17/0551, for a further 10 Independent Living units on an adjoining lot which has been integrated into the greater development. Figure 6 below shows the approved layout with the additional units circled in red located to the north east corner of the lot.

Figure 6 - Approved site plan showing the additional 10 independent living units
The definition of temporary use is pertinent to this application. The Planning Regulation 2016 provides the following definition:
temporary use means a use that—
(a) 	is carried out on a non-permanent basis; and
(b) 	does not involve the construction of, or significant changes to, permanent buildings or structures.

Site Description
The site is generally level with a small stand of vegetation located in the southern corner of the site and a native hedge each side of the existing driveway. The existing estate sales office is centrally located approximately 10m from the Pearsons Road boundary. Some domestic type landscaping exists around the building. Figure 7 shows a locality plan of the site.

Figure 7 -   Locality Plan
Surrounding Land Uses
To the north, the lot adjoins Palm Lakes 230 independent living units in the Community Services zone, to the north west and south east and across Trading Post Lane and Pearsons Road, detached housing and to the west across Elm Street and the railway line are Rural lots.
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.
The following codes from the Noosa Plan are applicable to this development:
Planning Scheme Strategic framework
Cooroy and Lake Macdonald Locality Code
Business uses Code
Landscaping Code
Engineering Works Codes
The subject site is located in the Cooroy and Lake Macdonald Locality and is zoned Community Services. The proposed use is defined as a consistent use within the zone and is required to follow an impact assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.
Strategic framework
The relevant sections of the strategic framework are outlined and discussed below.
Part 1 Division 2 Section 1.7.7 Commercial and Retail development
b) With the exception of the emerging Shire Business Centre, additional commercial development is confined to existing business centres, neighbourhood centres, village centres and mixed-use areas in the visitor precincts of Hastings Street, Gympie Terrace and Sunshine Beach.
While the proposed medical use is a consistent use within the Community Services zone, Section 1.7.7b) prefers commercial development be located within existing centres to ensure that ad hoc commercial development does not occur outside the centre zones. The proposal is somewhat removed from the Business Centre zone of Cooroy and does not meet the above Section of the Strategic Framework.
Cooroy and Lake Macdonald Locality Code
Division 15, Overall Outcome 6.7.2 oo) is also relevant and is provided below:
oo) For the Community Services Zone—land committed or planned for community purposes—
i 	is protected and managed to enable the efficient and timely delivery of community services; and
ii 	is consistent with the indoor recreation, education, health, social and safety needs of the local community, including people with special needs, such as the elderly, children, low-income earners and disabled persons;
The Overall Outcomes seek that land committed or planned for community purposes is protected for community services and is consistent with the health and safety needs of the local community.
Given this is a temporary use, ultimately the lot will continue to be protected for community uses with the applicant indicating an approval time frame of 7 years would be preferred to allow for the aged care to come to fruition and for the doctors business to establish and relocate as needed.
The applicant has provided an analysis of Cooroy’s existing doctor practices and found that they are all generally busy and there is potential room for expansion, given Cooroy’s growth in the recent past and, in this instance, unlikely to have any real negative impact on the existing practices.
The proposal is reusing an existing building, is small scale (78m² and 1 doctor and 1 assistant) and is unlikely to have any amenity impacts on the surrounding area.
Although this type of use is generally located within business centres and the Strategic Outcome 1.7.7 prefers the use in the centre zones. On a permanent basis the use raises concerns as it is outside the Cooroy Business Centre zone. However, the proposed small scale Commercial Business Type 2 - medical use is considered a reasonable temporary use of the existing building until the approved and preferred use of residential aged care is constructed on-site as it could be said to be providing a community health need, in part consistent with the Overall Outcome 6.7.2 oo).
draft planning scheme
The proposed use under the draft Planning Scheme is defined as Health care services and identified as a Community Activity. The subject site is zoned Community Facilities and the proposed use is defined as a consistent use within the zone and is required to follow an impact assessable application process under the draft Planning Scheme.
The following provisions of the draft Planning Scheme are relevant to the assessment:
Strategic Outcome
Community Wellbeing 3.3.2:
(i)	Community services and recreational facilities are spread throughout the Shire in accordance with the needs of the resident population. A higher concentration of community services exists in the coastal urban areas of the Shire and in Cooroy and Pomona, generally proportional to the population's distribution.
(j)	Multiple use and shared facilities are encouraged to ensure efficient provision of services. Community services coexist with business and recreation functions in vibrant activity centres of different scales.
(k)	Development provides for additional educational and health services, particularly at the Noosa Business Centre.
and
Community Facilities Zone Code 6.8.1.2
Purpose and overall outcome
(2) (e) range of community activities such as cemeteries, childcare centres, clubs (where in conjunction with a community use), community care centres, community uses, crematoriums, educational establishments, emergency services, funeral parlours, healthcare services, hospitals and places of worship are accommodated in the zone.
(2) (f) Community activities are located to optimise their accessibility, operational efficiency and benefit to the community.
The strategic outcome seeks that community services coexist with business uses and that development provides for these uses within activity centres. The Community Facilities zone provisions seek that a range of uses are incorporated into the Zone such as Health care services.
It is considered the draft Planning prefers the proposed Health care use located in an activity centre or otherwise within an integrated development.
The draft Planning Scheme outlines similar intent to that of The Noosa Plan and a similar assessment of the proposal as outlined above in Section 3 of this report.
cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA). The Department is a referral agency for State transport corridors ad future State transport corridors. The Department has responded advising that there are no requirements as the development will not impact on the safe and efficient operation of the state-controlled road.
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. No properly made submissions were received.
conclusion & reasons for decision
The Commercial Business Type 2 – medical is a consistent use in the zone and is within the Cooroy town boundary but is removed from the Cooroy Business Centre. The proposal is for a temporary use within a small existing building with the applicant requesting a 7 year timeframe for the use to operate. Importantly, the Planning Scheme seeks to maintain commercial uses within the Business Centre zones. It is considered the use is inappropriate for the site on a permanent basis as it would result in out of centre development and not consistent with Outcomes of the Planning Scheme.
Notwithstanding the out of centre development, the use is consistent in the zone and  proposed as a temporary use, which is providing a health care service and is utilising an existing small building without any significant impacts on the surrounding area or the Cooroy Business Centre zone until the preferred use of the site is realised.
It is considered the requested 7 years is too extensive as it is important to achieve the preferred use of the site, being residential aged care. It is considered that a more realistic timeframe is 4 years to ensure the preferred use of the site is constructed and to ensure there is no ad hoc out of centre development. Should the 4 years not be sufficient, this can be reassessed with the applicant able to change an existing approval in the future.
The proposed development does not raise any other issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU18/0195 for a Material Change of Use - Commercial Business - Type 2 Medical situated at 15 Pearsons Rd Cooroy Qld 4563 and described as Lot 103 SP 287641, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU18/0195
Street address:	15 Pearsons Rd Cooroy Qld 4563
Real property description:	Lot 103 SP 287641
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Commercial Business - Type 2 Medical
CURRENCY PERIOD of approval
The currency period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
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
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
CO – DP – 001 Sheet 01/02	B	Site Plan Doctors Practice, prepared by Palm Lake Works	23/11/18
CO – DP – 001 Sheet 02/02	B	Floor Plan / Elevations Doctors Practice, prepared by Palm Lake Works	23/11/18
Nature and Extent of Approved Use
The Commercial Business Type 2 – medical is approved as a temporary use only. The approved use must cease to operate four years from the date of this approval taking effect and the building must be removed within 30 days. The site must be rehabilitated by turfing and landscaping as necessary.
One doctor, one nurse/assistant and one receptionist is approved to operate from the site.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to arranging the pre-start meeting. 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.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Landscaping
The existing landscaped frontage and around the building must be retained for the life of the development.
ENGINEERING
Pedestrian access
Suitably bound or sealed pedestrian access must be provided from the existing building to the adjoining residential independent living units. The works must be undertaken in accordance with an Operational Works approval.
Site Access and Driveway
A sealed access driveway must be provided from the street to all parking and manoeuvring areas of the development generally in accordance with the approved plans. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Driveway crossovers in accordance with IPWEAQ standard drawings R-049 and R-050, and to grades prevent vehicles from scraping and/or bottoming whilst also allowing for compliant grades and must match the levels of the existing pathway and grassed verge.
For pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS/NZ 2890.1, section 3.2.4.
The proposed driveway must be of a minimum width of 4.0m and a maximum width of 5.5m at kerb line.
To allow a smooth and neat finish, the redundant kerb section must be saw-cut and removed for constructing the new driveway layback.
Any section of existing concrete footpath requiring removal must be saw-cut and footpath reinstated at its current finish levels.
Driveway must have clearance of 1.0 from a power pole and 0.5m from and any service pit or manhole (eg telecommunication pit, water metre) unless a written approval obtained from the relevant provider.
Car Parking
Sealed parking area with a minimum of 4 car parking spaces must be provided and properly marked, and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
A minimum of 4 customer/staff parking spaces, which are clearly marked for that purpose and accessible at all times during business hours
One disabled parking space within the total
Linemarking, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times for the life of the approved use.
Stormwater Drainage
Stormwater runoff from the development must be disposed of in a controlled manner without causing scour or damage to the subject site or any adjoining property.
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge without worsening existing drainage conditions by diverting stormwater runoff or cause additional stormwater ponding on any other properties, including on the road’s grassed verge and public pathway.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	State transport corridors and future State transport corridors	The agency provided its response on 29 January 2019 (Reference No. 1812-8995 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Nature of Use
This approval is for a temporary use only.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
submissions
There were no submissions about the application.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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