102995-10_Town Planning Report_4Apr14

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2.     APPLICATION HISTORY

The subject site is benefitted by the following development approvals:

2.1    Development Permit – Material Change of Use (Court Order 2379 of 2009)

A development approval, by way of Court Order 2379 of 2009, applies over the site relating to a
currently operational Bunnings warehouse. This Bunnings warehouse is to be contained wholly
within proposed Lot 101 (refer Proposed Subdivision Plan 102995-151 – Appendix B).

2.2    Development Permit – Reconfiguration of a Lot (REC12/0014)

A subdivision approval for 1 Lot into 2 Lots plus Park was granted by Council on 16 March 2012
(Council Ref: 12/0014). A subsequent Extension to the Relevant Period was later approved by
Council on 17 March 2014 (Council Ref: 12/0014.01).

As detailed within the below condition extract, this development permit was obtained in order to
provide for the dedication of parkland as required under Mediation Agreements 2378 and 2379 of
2009 and Condition 7 of the Court Order approval (Ref: 2379 of 2009) described below:

           7. The area identified as proposed lot 300 (park) on Drawing No. 102995-22 Revision A
           prepared by RPS and dated 23 September 2010 shall be dedicated as parkland, at no
           cost to council. The park area shall generally comprise a 10 metre wide strip adjacent a
           5m wide verge area to Eumundi Noosa Road. Proposed Lot 102 on such plan shall
           include a truncation on the northern corner as depicted in the plans attached to the
           mediation agreement dated 12 October 2010.
In addition to the creation of Park Lot 300, the approved subdivision also accommodates the
subdivision of Lot 101 on SP241371, which is physically separated by the Gateway Drive
extension, into two (2) separate allotments (being Lot 101 and Lot 103). A copy of approved
Subdivision Plan 102995-22 (Rev B) is provided for reference within Appendix C.
While Park Lot 300 has now been dedicated (as part of the Lot 101 subdivision), the Plan Sealing
application for approved subdivision REC12/0014 is yet to be fully enacted. As such, Proposed
Subdivision Plan 102995-151 (Appendix B) includes a notation which references approved Lot
102 and REC12/0014.

2.3    Development Permit – Operational Works for Vegetation Clearing (OPW12/0257)

An Operation Works approval for clearing vegetation was granted by Council on 27 March 2013.
Condition 1 of this approval stipulates that (our emphasis added):
           1. Prior to undertaking operational works for the clearing of vegetation in the nominated
           area, the clearing must only commence in association with an approved operational
           works relating to an approved REC or MCU for the nominated area.
This approval relates to the area of existing vegetation within proposed Lot 103. As such, it is
expected that vegetation will be cleared in accordance with the conditions of approval provided
under OPW12/0257 and / or any subsequent conditions package for the proposed development.




PR102995-10: Development Application – Reconfiguration of a lot (1 into 2 lots)               Page 2

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3.     PROPOSED DEVELOPMENT

As illustrated by the attached Proposed Subdivision Plan 102995-151 (Appendix B), the
proposed development will result in the creation of the following lots:

Lot 101                     2.259ha                     Bunning Warehouse (northern part Lot 101); and
                                                        Vacant Industrial Land (southern part Lot 101).
Lot 103                     4,073m2                    Vacant Industrial Land


4.     INDUSTRY ZONE – APPROPRIATE USE

Proposed Lot 103 is considered suitable to accommodate a future industrial uses and has been
prepared in accordance with the requirements specified under Table 14.10 – Industrial Business
of the Business Use Code. In order to demonstrate this, a Conceptual Industrial Development
Plan has been prepared by Group 4 Architects (refer Appendix D).

Accordingly, the proposal is consistent with Council’s intent for the Industry Zone and will allow
for a future industrial use to be established over the site.

5.     LOCAL PLANNING PROVISIONS

Table 11.2 of Division 14 – Assessment Categories and Relevant Assessment Criteria for the
Noosaville Locality – Development Other than Material Change of Use identifies that
Reconfiguring a Lot, where within the Industry Zone, is Code Assessable.

Table 11.2 further identifies the applicable codes in relation to this application. Detailed Code
Responses are provided in Appendix E. The following table summarises the manner in which
the proposal complies with the applicable planning provisions.

Applicable Code                          Comments / Issues
Noosaville Locality Code                 Proposal is consistent with the applicable components of the
                                         Code.
Reconfiguring a Lot Code                 The proposal accords with the layout specified under the
                                         Reconfiguring a Lot Code.
Landscaping Code                         Landscaping will be designed as part of future Material Change
                                         of Use applications over Lot 103.
                                         Landscaping within Lot 101 will be maintained in accordance
                                         with the previously approval.
Engineering Works Code                   Detailed design of access, pedestrian paths and car parking for
                                         Lot 103 will be determined as part of future Material Change of
                                         Use applications.
                                         Conceptual compliance with these requirements has been
                                         demonstrated within the Conceptual Industrial Development
                                         Plan prepared by Group 4 Architects (Appendix D).




PR102995-10: Development Application – Reconfiguration of a lot (1 into 2 lots)                    Page 3

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6.         STATE PLANNING ASSESSMENT

6.1        State Planning Regulatory Provisions and Regional Plan

A review of the current State Planning Regulatory Provisions, State Planning Policy and the
South East Queensland Regional Plan has been undertaken. The development is not applicable
to these provisions / requirements.

6.2        Referrals

Reference to Schedule 7 of the Sustainable Planning Regulations 2009 identified that no referrals
are required in this instance.

6.3        SDAP Codes

Given the absence of referrals, a response to the SDAP Modules and Codes is not required.

6.4        Single State Planning Policy

A review of the single State Planning Policy, introduced in December 2013, reveals that no
Interim Development Assessment Requirement are applicable to the proposal.

6.5        Public Notification

This application is subject to Code Assessment. No public notification is required.


7.         APPLICATION MATERIAL

In accordance with Section 260 of the Sustainable Planning Act 2009 (SPA) we provide the
following information in support of this application:

 IDAS Application Forms 1 and 7 (refer Appendix A);
 Letter of land owner consent executed by Bunnings Properties Pty Ltd (ACN 008 557 622)
  (refer Appendix A);
 A cheque to the value of $2,578.00 for application fees (calculated as follows) accompanies
  the hard copy of this application, which will be delivered to Council via mail:

      Code Assessment - Reconfiguration of a Lot (1 Lot into 2 Lots) = $2,578.00 calculated as
      follows:
       -     ROL for 1 – 5 lots:       $1,289 per lot;
       -     2 Lots x $1,289 =         $2,578.00.

As required by Section 260(1) of the Act, this application is made via Express Post, and is
accompanied by the following documents and mandatory information:

Please find enclosed the following documentation to assist Council with the sealing process.

     Appendix A – IDAS Forms 1 and 7, Certificate of Title and Owners Consent;
     Appendix B – Proposed Subdivision Plan 102995-151;
     Appendix C – Approved Subdivision Plan (Council Ref: 12/0014);
     Appendix D – Conceptual Industrial Development Plan;
     Appendix E – Code Response Tables; and

PR102995-10: Development Application – Reconfiguration of a lot (1 into 2 lots)              Page 4

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 Appendix F – Searches.


8.     SUMMARY

As demonstrated above, the proposed development for 1 Lot into 2 Lots is consistent with the
Planning Scheme and the Industrial Zone.

Approval is recommended subject to reasonable and relevant conditions.

We trust this information is sufficient for your purposes. Should you require further details or wish
to discuss these matters, please contact me on (07) 3124 9377 or David Whiteman on (07) 3124
9362.

Yours sincerely
RPS



STEPHEN MASON
Principal - Planning

Enc        As above
Cc:        Bunnings Group Limited




PR102995-10: Development Application – Reconfiguration of a lot (1 into 2 lots)                Page 5

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                                           N
 Locality Plan
 Figure 1                                  




                            Subject Site




Ref Number:   PR102995‐10
Date:         March 2014
Source:       Google Maps

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                                                                                          N
 Cadastral Plan
 Figure 2                                                                                 




                                                                         Subject Site




Ref Number:   PR102995‐10
Date:         March 2014
Source:       The State of Queensland (Department of Natural Resources and Mines) 2014.

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                                           N
 Aerial Photograph
 Figure 3                                  




                            Subject Site




Ref Number:   PR102995‐10
Date:         March 2014
Source:       NearMap

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                                                                           N
 Site & Contextual Photos
 Figure 4                                                                  




                                        Eumundi Noosa Road




                             Corner Eumundi Noosa Road and Gateway Drive




                                           Gateway Drive



Ref Number:   P102995‐10
Date:         March 2014
Source:       Google Earth

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                                                                  N
 Area Classification
 Figure 5                                                         




                                          Subject Site




                                                         Legend




Ref Number:   PR102995‐10
Date:         March 2014
Source:       Noosaville (Zone Map ZM8)