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MCU22/0120 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE – HOME- BASED BUSINESS (MECHANIC) AT 39 EUCALYPT WAY, COOTHARABA (REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE MEETING DATED 11 JULY 2023 - ITEM 5.5)

Development Planner , Tara Norley · Development & Regulation Department

Executive summary

The application seeks approval for a Material Change of Use - Home-based business (Mechanic). The application has been lodged in response to compliance action undertaken by Council as a result of a complaint received regarding an unlawful home-based business operating on the subject site. The applicant is therefore seeking a retrospective approval for the home-based business. The proposal for the home-based business includes servicing and mechanical repairs undertaken on site within an existing shed, with the owner of the business residing on site. A home-based business is a code assessable use in the Rural zone in which the site is located. The proposal has been assessed against the relevant codes and has been found to be deficient in information to provide Council with sufficient evidence of compliance with the relevant codes of Noosa Plan 2020. The report recommends refusal of the application due to insufficient evidence of compliance with the requirements of Noosa Plan 2020.

Recommendation

That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 11 July 2023 regarding Application No. MCU22/0120 for a Development Permit for Material Change of Use - Home-based business (Mechanic), situated at 39 Eucalypt Way, Cootharaba and:

  1. Refuse the application for the following reasons:
  2. The proposed development does not comply with the Purpose and Overall Outcomes of the Rural Zone Code as it has not been satisfactorily demonstrated that:
  3. the nature, scale and intensity of the activity is compatible with the character and amenity of the surrounding locality.
  4. The proposed development does not comply with the PO9 of the Rural Zone Code as it has not been satisfactorily demonstrated that:
  5. development does not result in environmental harm or environmental nuisance to sensitive land uses.
  6. The proposed development does not comply with the Purpose and Overall Outcomes of the Home-Based Business Code as it has not been satisfactorily demonstrated that the home- based business:
  7. will establish and operate in a manner which protects the amenity of surrounding premises;
  8. is compatible with the preferred character of the local area; and
  9. operates without compromising the safety of, and amenity enjoyed by, adjoining and nearby residents.
  10. The proposed development does not comply with the PO1, PO5 and PO9 of the Home- Based Business Code as it has not been satisfactorily demonstrated that the:
  11. home-based business is located where it does not impact on the residential amenity enjoyed by users of adjacent premises;
  12. home-based business is an inconspicuous component of the primary use of the dwelling as a permanent residence; and
  13. nature and operation of the home-based business does not result in noise, odour, dust, other air pollutants, that can be experienced outside the subject property.
  14. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

Report details

Index: Application / MCU22/0120