Council Planning Report MCU16/0066

FURTHER REPORT MCU16/0066 & OPW16/0133 APPLICATION FOR SERVICE STATION, CONVENIENCE SHOP & FOOD OUTLET & SIGNAGE AT 6 TAYLOR COURT, COOROY

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / MCU16/0066 & OPW16/0133

Attachments	1.	Proposal Plans

EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Development Planner to the Planning and Environment Committee dated 6 December 2016 and the Further Reports to the General Committee Meetings dated 12 December 2016 and 16 January 2017, and refuse Application No. MCU16/0066 & OPW16/0133 for a Development Permit for Material Change of Use of Premises - Retail Business Type 2 Shop & Type 5 Vehicle Uses, Entertainment & Dining Business Type 1 - Food & Beverages and Operational Works for Signage, situated at 6 Taylor Court, Cooroy for the following reasons:
The development raises conflicts with The Noosa Plan and its current and future land use intent for the subject site and water supply catchment area.
The proposal is not conveniently located or readily accessible for the local community and will not provide a significant benefit to that community.
The development will adversely impact on the local villages and towns by reducing patronage to these centres and therefore will not improve community wellbeing.
The proposal is contrary to the SEQ Regional Plan’s Regional Policy 11.5.1 to identify and protect existing and potential drinking water catchments from inappropriate land use as the development would pose an unacceptable risk to water quality.
The proposal is contrary to the Environmental Protection (Water) Policy for Mary River Environmental Values and Water Quality Objectives as the proposed surface water quality exceeds these objectives in relation to Total Nitrogen and Total Phosphorous and the applicant has not addressed the impact the in-ground storage of fuel will have on ground water.
The proposal fails to meet the Plan of Development for the site, including the provision of a 10 metre landscape buffer to visually screen the development from the Bruce Highway.
The proposed illumination of the advertising devices is contrary to the Advertising Devices Code and the intent of the Plan of Development for the site.

further REPORT
BACKGROUND
A report on this application was considered by the Planning and Environment Committee on 6 December 2016 (Item 1, Page 3), and at the General Committee Meeting on 12 December 2016 (Item 3, Page 3). At the Ordinary Meeting on 15 December 2016 the application was deferred. Council deferred the application as the applicant provided additional information and further time was required to assess the information.
The applicant provided the following further grounds for approval.
Assessment of the applicant’s further grounds for approval
Applicant’s ground
‘There is a recognised need for a service station that services a highway catchment in this location.  The proposal will assist with fatigue management, will provide food, toilets, children’s play areas, tourist information and could also provide emergency vehicle towing. These are significant community benefits not just for the residents of Cooroy but for visitors to the Noosa area and other motorists using the highway’.
Assessment
Council’s external economic consultant, Location IQ, agrees there is a gap in highway based service centres and some demand exists as a result. However, as outlined in previous reports to Council, this is considered to provide limited community benefit and there is no need for an additional service station in Cooroy.
Applicant’s ground
‘The plan of development for the estate is now 10 years old and the industrial estate remains vacant (except for temporary uses). The proposal is likely to act as a catalyst for the development of other sites in the Nandroya industrial estate. The proposal will bring motorists into the estate creating exposure to other industrial sites that would not otherwise occur. This exposure will increase the attraction of these vacant lots to potential purchasers and tenants.  This is a significant community benefit.’
Assessment
Location IQ agrees that a service station may attract uses such as fast food, car wash and the like but is not a real catalyst for the uses the Planning Scheme seeks for the site.
Applicant’s ground
‘Advancements in technology (e.g. water quality treatment technology, underground fuel tank design etc) since the adoption of the plan of development enable other uses that typically occur in industrial zoned areas of the Council area to be considered in the Nandroya industrial estate.  The Noosa Plan identifies the Retail Business Type 5 Vehicle Use (e.g. a service station) as being a consistent use in the Industry zone in numerous localities across the Shire, including in other industrial zoned sites in the Cooroy & Lake Macdonald locality.’
‘The site is within the Lake Macdonald water supply catchment but is on land that is already committed for urban development purposes.  SEQ Water is the owner of the dam and the proposal complies with SEQ Water’s preferred water quality criteria. SEQ Water has not objected to the application. Council’s Water Quality officer has confirmed that the application could be conditioned to comply with the relevant water quality requirements.’
‘The planning scheme policy from Brisbane City Plan 2014 includes best practice requirements for underground fuel tank designs and leak detection systems. These are attached here (see highlighted sections). Council can impose conditions such as these as part of any approval in order to ensure that appropriate protections are in place.’
Assessment
To date the applicant has not demonstrated the proposal can comply with the provisions of the Environmental Protection (Water) Policy 2009 for Mary River Environmental Values and Water Quality Objectives or the Plan of Development’s water quality objectives. As outlined in the previous reports, it is likely the development’s layout would need to change to meet the water quality objectives.
Notwithstanding the improvement in underground petroleum storage system (UPSS) technology, the proposal is located in Lake Macdonald’s water catchment and the Planning Scheme takes a precautionary approach in respect to the catchment to protect the quality of water entering Lake Macdonald.
Applicant’s ground
‘It is estimated that 70-80% of trade from this proposal will come from passing motorists along the highway. The remaining 20-30% will come from within the trade area. This does not mean that there is a 20-30% impact on the trade of any single service station in Cooroy or Pomona or elsewhere. The actual impact is in the order of 11% on any individual facility which is not considered to be significant. The proposal will capture trade that would otherwise be captured by other highway services stations that are located outside the Council area’.
Assessment
The applicant has not clearly demonstrated the impact would be as low as 11% as indicated by Location IQ. The proposal has the potential to reduce the number of motorists that enter Cooroy and Pomona villages for fuel, food and amenities if they are available at the side of the highway.
Applicant’s ground
‘The proposal is estimated to generate the following construction and operational employment numbers:
Construction
8 full time equivalent workers in construction (more actual workers on site, but 8 FTE – annualised workers in construction of the project).
A flow-on or indirect impact of some 5 FTE workers.
Operation
Service station = 8 full time, part-time and casual positions.
Fast food = 22 full-time, part-time and casual positions.
A flow-on or indirect effect of 17 workers within the economy as a result of the operation of the facility’.
Assessment
A compliant use could employee similar persons, but it is agreed that employment is a benefit to the community.
Applicant’s grounds
‘Proposed advertising signage is consistent with the requirements of the Department of Transport and Main Roads’ Roadside Advertising Guideline and can be conditioned to comply with Council’s Advertising Devices Code.’
Assessment
The proposal is somewhat reliant on visibility which is contrary to the Plan of Development which seeks to screen development within the estate from the highway.
Applicant’s grounds
‘The Retail Business Type 2 – Shop & Salon use is associated with the service station component. The operation, use and function of this part of the building will be primarily related to the service station. The sale of retail goods is considered to be complimentary to and typical of a modern service station’.
‘Fast food drive-through facilities and shops are typical components of such service stations and will address the needs of highway travellers’.
‘The site is adjacent to the Bruce Highway and otherwise adjoins Industry zoned land.  The site is well separated from residential uses, with the nearest house being located approximately 330m to the east’.
Assessment
Agree.
Applicant’s ground
‘The Plan of Development for the industrial estate did envisage a 10m landscape buffer along the Holts Road frontage of the estate however the majority of the land set aside for this buffer has been acquired by the state government, the vegetation removed and the Holts Road alignment has been located closer to the site – see Figures 1 & 2. The buffer was originally intended to screen large, 10m high industrial sheds from the motorway. The proposal is not for a large industrial shed. In comparison to an industrial shed, the proposed service station and food outlet are contemporary, attractive buildings with high levels of glazing and a much smaller building footprint. Total screening of such uses is not required. The proposal provides for low and medium landscaping of 5-10m width along the Holts Road frontage. Council could condition additional low-medium landscaping along Holts Road’.
Assessment
Medium sized landscaping would help to buffer the development but not to the extent intended to screen the development.
Applicant’s ground
‘The site is already serviced by all typical urban infrastructure including sewer and reticulated water’.
Assessment
Agree.
Applicant’s ground
‘The proposal satisfies all higher order provisions of the planning scheme’.
Assessment
Disagree. The details are contained within the reasons for refusal and in previous reports presented to Council in the December 2016 round of Committee meetings.
Applicant’s ‘other’ information
The applicant suggests:
The Sustainable Planning Act 2009 gives Council the power to approve all or part of the application.  The legislation also allows Council the power to grant a preliminary approval even though the applicant sought a development permit. Council would be entitled to issue a preliminary approval for the proposal requiring the following items to be addressed prior to a development permit being granted by Council:
The removal of the Entertainment & Dining Business Type 1 component
Inclusion of a Cooroy Township promotion kiosk;
Additional low-medium height landscaping along the Holts Road frontage;
A reduction of illuminated signage (fast food signage);
Compliance with all relevant water quality objectives;
Incorporation of electric vehicle charging station network;
Incorporation of architectural features in the building design that reflect those evident in the Cooroy Village Centre. These could include revised roof pitches, timber framed windows, eaves, parapet walls etc.
An approval in part and a preliminary approval are options for Council as outlined in the Sustainable Planning Act 2009 and may be used depending on the type and extent of changes sought to the approved plans by Council.
For example, should Council seek to refuse the entertainment and dining business component but approve the service station, it would be appropriate to approve the application in part. Should significant design changes be sought to the proposed layout, a preliminary approval would be considered the most appropriate.
The applicant has indicated a willingness to remove the fast food component but it is noted, has not made a change to the application. The fast food component is an integral part of a contemporary service centre/station and on balance; its removal is unlikely to significantly change the proposals impact on Cooroy or the surrounding area.
The applicant is willing to incorporate additional landscaping, a reduction of the illuminated signage, a promotion kiosk, built form changes and an electric charge station. This does not address the reasons for refusal nor sufficiently offset the proposal’s potential negative impact on nearby villages.
conclusion
The applicant has not provided any new compelling information to that already assessed that would enhance community wellbeing sufficiently to override the Planning Scheme. Therefore, the recommendation remains unchanged.

Departments/Sections Consulted:
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	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
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	Executive Office	x	Planning & Infrastructure		
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	Customer Service		Civil Operations		
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	Human Resources		Strategic Land Use Planning		
	Sustainability				

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GENERAL COMMITTEE MEETING REPORT	16 JANUARY 2017

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GENERAL COMMITTEE MEETING REPORT	16 JANUARY 2017