2017-10-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                10 OCTOBER 2017


Land uses within the immediate vicinity generally comprise residential uses to the east and north
(detached dwellings), a community use to the south (Good Shepherd Lutheran College) and
open space use to the west across Eumundi Noosa Road.
A mixed use development (Ecom Noosa) is located directly to the north of the site at 95 Eumundi
Noosa Road and consists of small scale offices for start-up businesses and an ancillary café
area. The use was approved by Council on 4 February 2013 based on the following grounds:
   the existing building is being reused with limited building work required to accommodate
     the new development;
   the proposed development results in a less intense use located adjoining residential uses;
   the proposal is transferring from one business use (garden centre) to another (offices),
     which will not result in further impacts on adjoining neighbours; and
   The use is limited to day time operations and not reliant on passing traffic for business, with
     clients generally attending the site by appointment only. As a result, the development is
     unlikely to generate high volumes of traffic.
2.3. Background
Existing Approval
On 23 May 1977, Council issued a Town Planning Consent (TPC 658) for “Renovations to an
existing building to permit hardware store/tyre & wheel alignment service, office, storage and
cabinet maker”.
On 26 August 2016, written advice was sought from a prospective purchaser requesting
clarification of existing approvals and use rights over the site in conjunction with whether the
existing pool shop (‘Poolside Noosa’) enjoys existing use rights under the TPC 658 approval.
Council provided written advice on 3 September 2015 (WA15/0036) stipulating that the only
relevant planning approval over the site comprises “Renovations to an existing building to permit
hardware store/tyre & wheel alignment service, office, storage and cabinet maker” (TPC 658).
Council further advised that “From limited information on the file it would appear the pool shop
and associated pool display had been operating prior to 1993. There is no evidence of a change
to the original approval or an application to seek another use at any time and therefore the pool
shop has been operating in breach of the approval for many years. An application to seek
approval for the existing business would be required should the use intend to continue.”
A Standard Planning and Development Certificate was issued on 7 October 2016 confirming
existing non-conforming use rights apply over the premises for hardware store/tyre & wheel
alignment service, office, storage and cabinet maker.
Building approval was issued on 21 September 1984 for the existing shed located in the north-
eastern corner of the site. Based on limited information on the file there is no evidence to suggest
the existing shed was part of the original approval however correspondence on the file suggests
the shed was permitted for use for storage purposes.
Application History
The development application has been subject to change. Originally a development application
for a Material Change of Use for Retail Business Type 6 – Hardware, Retail Business Type 7 –
Garden & Lifestyle Centre and Industrial Business Type 2 – Production, Alteration, Repackaging
and Repairing situated at 101 Eumundi Noosa Road, Noosaville was submitted to Council and
properly made on 28 October 2016. Similar to the latest proposal, the application sought
approval for a limited range of industrial uses as opposed to the broad range of uses supported
under the current Industrial Business Type 2 definition.




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