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Strategy and Planning Committee Agenda 16 February 2011 EXECUTIVE SUMMARY The subject site is located within the Caloundra South Core Industrial Area. The applicant has an existing Planning and Environment Court approval for the reconfiguration of Lot 1 SP 145632 into 20 Core Industry Lots and a Reserve for Environmental Purposes. The approved Core Industry lots vary in size from 1,263m² to 3,481m². The survey plan for this development has not been sealed and no works have occurred on the site. The current application seeks a Section 3.1.6 Preliminary Approval under the Integrated Planning Act 1997 to override the planning scheme to allow for Low Impact Industry uses to occur over the approved sites. Essentially, the applicant is requesting the preliminary approval to allow for a greater variety of business and industry uses to occur over these smaller lots rather than those more intensive industries permitted by the Core Industry designation. The applicant has prepared a Structure Plan and the 345 Pierce Avenue Code, which will guide future development on the proposed sites, as well as form the ‘Applicable Code’ for the assessment of future development applications. The proposed 345 Pierce Avenue Structure Plan also refers to the Low Impact Industry Development Assessment Table of the Caloundra City Plan 2004 for the relevant level of assessment and codes required for future land uses. The application was subject to the public notification process and no submissions were received. OFFICER RECOMMENDATION That <strong>Council</strong>: (a) grant a Preliminary Approval, for Application 2007/510006 by RC Rowley and BA Rowley, to Override the Planning Scheme to Establish a Low Impact Industry Development at 345 Pierce Ave Bells Creek, described as Lot 1 SP 145632 subject to the conditions of approval as outlined in Appendix A; (b) find the following are sufficient planning grounds to justify the decision, despite the conflict with the Planning Scheme: (i) the lots have already been approved through a code assessable reconfiguration of a lot application process; (ii) (iii) (iv) (v) the application is consistent with the Desired Environmental Outcomes of the Caloundra City Plan 2004; the proposal complies substantially with the relevant codes and policies of the Caloundra City Plan 2004; the proposed 345 Pierce Avenue Structure Plan and Code only changes the level of assessment for future development of the site, all other codes and policies of the Caloundra City Plan 2004, will still apply to future development; the proposed 345 Pierce Avenue Code against which all future development applications will be assessed upholds all the requirements of the Caloundra City Plan 2004; Page 124
Strategy and Planning Committee Agenda 16 February 2011 (vi) (vii) (viii) (ix) the proposal is consistent with the immediately adjacent Low Impact industry in the Caloundra Regional Business and Industry Park to the east and forms a natural extension of this through Claude Boyde Avenue; the proposal provides linkage through the site to the industry site to the west; the proposed Low Impact Industry uses would also be appropriate with the approved small lots ranging in size from 1,263m² to 3,481m²; and the proposal will create the opportunity for a greater range of industry uses to establish in the area. FINANCE AND RESOURCING There are no financial implications associated with this application. Infrastructure contributions are required as a condition of the approved Reconfiguration of a Lot application. 2005/520055. Future development applications will be subject to infrastructure contributions in accordance with the Caloundra City Plan 2004 Infrastructure Contributions Planning Scheme Policies. INTRODUCTION Background/Site History The subject site is included within the Core Industry Precinct of the Caloundra South Planning Area Code - Caloundra City Plan 2004 (see Attachments 1 and 2). The original code assessable Reconfiguration of a Lot application for 21 Lots (Business and Industry) was submitted on 6 October 2005). That application proposed lots adjacent to Pierce Avenue to be ‘used for business and low impact industrial uses.’ <strong>Council</strong> officers in that information request pointed out that the reconfiguration application would not secure land use rights or protect future arrangements, other than the most basic Core Industry development rights. It was suggested that the most appropriate way to develop the controls necessary to ensure appropriate development of the site (for Business and Low Impact Industry) was to lodge a development application for a Preliminary Approval Overriding the Planning Scheme in accordance with section 3.1.6 of the Integrated Planning Act 1997. This proposal would allow for the current range of core industrial uses (currently preferred) to be altered as well as establish the necessary controls over future development of the site for low impact industry purposes. The development would also be consistent with the Low Impact Industry to the immediate east of the site in the Caloundra Regional Business & Industrial Park. The proposed development forms a natural extension of this area through the extension of Claude Boyde Parade. Furthermore, low impact type industry would be consistent with and would complement the small lots that were proposed at the time and now approved. In response, the applicant lodged the current application for a preliminary approval to run concurrently with the reconfiguration of a lot application appeal. The reconfiguration of a lot application was approved in part and then was subject to an appeal. The preliminary approval application was put on hold pending the outcome of the Planning and Environment Court Appeal (Appeal No.281 of 2007) relating to the reconfiguration of the lot on the subject site. The appeal was decided and the Courts final order was handed down on 15 April 2010. Page 125
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AGENDA - Sunshine Coast Council

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