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Town Planning Reporrt - 101-105 Eumundi Noosa Road - 24 October 2016
Attached to the e-mail MCU16/0130 Development Application 101 Eumundi Noosa Road Noosaville.
Court Appeals & Dispute Resolution
Applications & Assessment
Due Diligence & Compliance
Project Management
General Development Advice
Town Planning Report
Development Application for Material Change of
Use (Mix of Uses – Historic and Existing)
at
101 Eumundi Noosa Road, Noosaville
Adamson Town Planning Pty Ltd ATF
(ACN: 163 798 374 | ABN: 72 472 058 207)
P (07) 5430 6671 F (07) 5430 6677 M 0437 754 420 Mail: PO Box 78, Peregian Beach QLD 4573
‘Noosa Boardroom’, 28 Eenie Creek Road, Nooosaville QLD 4566
Email| [email protected] Web| www.adamsontownplanning.com.au
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Document Control
Project: MCU Mix of Uses, at 101 Eumundi Noosa Road, Noosaville
Client: Noosaville Medical & Professional Centre Pty Ltd ACN 010 701 425 as
Trustee for the No 1 Hastings Street Unit Trust.
Project Number: 16014
Status of Report: Final, 24 October 2016
Author:
Shane Adamson (BEngTech, GDURP, MPIA)
Town Planning Specialist
Director of Adamson Town Planning Pty Ltd ATF
The information contained in this document is confidential and intended solely for the use of the client for the purpose for
which it has been prepared and no representation or is to be implied as being made to any third party. Use or copying of
this document in whole or part without the written permission of Adamson Town Planning Pty Ltd ATF constitutes an
infringement of copyright. The intellectual property contained in this document remains the property of Adamson Town
Planning Pty Ltd ATF.
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“Adamson Town Planning, specialising in providing higher order town planning advice” TABLE OF CONTENTS TABLE OF CONTENTS .....................................................................................................................................3 DEVELOPMENT SUMMARY .............................................................................................................................4 INTRODUCTION ................................................................................................................................................5 BACKGROUND .................................................................................................................................................6 SUBJECT LAND AND SURROUNDING USES ................................................................................................6 PROPOSED DEVELOPMENT ...........................................................................................................................7 STATE PLANNING PROVISIONS ...................................................................................................................10 SEQ REGIONAL PLAN & STATE PLANNING REGULATORY PROVISIONS ............................................................... 10 STATE PLANNING POLICY (SPP) .................................................................................................................... 10 NOOSA PLAN 2006 .........................................................................................................................................11 DESIRED ENVIRONMENTAL OUTCOMES ........................................................................................................... 12 NOOSAVILLE LOCALITY CODE ......................................................................................................................... 14 OVERLAY CODE............................................................................................................................................. 17 LANDSCAPING CODE ..................................................................................................................................... 17 DRIVEWAY AND CARPARKS CODE ................................................................................................................... 18 CONFLICT AND GROUNDS ...........................................................................................................................19 INFRASTRUCTURE CHARGES .....................................................................................................................20 CONCLUSION ..................................................................................................................................................20 Attachments: Attachment 1: Letter from Noosa Council Attachment 2A: Development Approval TPC 658 Attachment 2B: Amended Standard Planning and Development Certificate Attachment 3: Proposal Plans 16014 – 101 Eumundi Noosa Road, Noosaville Page 3
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Development Summary
Development Development Permit for Material Change of Use for a mix
Application: of uses, both historic and existing including, Retail Business
Type 6 Hardware, Retail Business Type 7 Garden & Lifestyle
Centre and Industrial Business Type 2 Production,
Alteration, Repackaging & Repairing (for a limited range of
uses).
Subject Land: 101 Eumundi Noosa Road, Noosaville
Land Description: Lot 1 on RP230931
Land Area: 3,740m²
Planning Scheme: Noosa Plan 2006
Zoning: Attached Housing
Local Plan Noosaville Locality Plan
Relevant Overlay Natural Resources – Acid Sulfate Soils
Mapping:
Level of Assessment: Impact Assessment
Applicable Codes: Noosaville Locality Code
Overlays Code – Natural Hazards
Driveways and Carparking Code
Landscaping Code
Referral Agencies: Nil
State Development Not Applicable
Assessment Provisions
(SDAP):
South East Queensland Urban Footprint
Regional Plan (SEQRP):
State Planning South East Queensland
Regulatory Provisions
(SPRP):
State Planning Policy State Planning Policy, April 2016
(SPP):
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“Adamson Town Planning, specialising in providing higher order town planning advice” Introduction The purpose of this report is to provide town planning advice for a development application for a development permit for material change of use for a mix of uses over the subject land, as described above. The development proposal generally reflects existing and historic uses that have occurred on the land over a considerable period. The application seeks to rationalise the existing use rights, and remedy any potential non-compliance with the planning scheme. The proposal also seeks to correct any anomalies between the current approval and the uses that have operated on the land since about 1993. The subject land is located at 101 Eumundi Noosa Road, described as Lot 1 on RP230931 (refer Figure 1, below) and has an area of about 3,740m². The land contains an existing building and sealed access and exit on to Eumundi Noosa Road, with some sealed parking and landscaping also provided near the frontage. Figure 1 – Aerial Photograph Currently, the remainder of the site is used for access and manoeuvring, the display of goods outside, storage and carparking. There is another building located on the north-eastern corner of the land, which is currently and has historically been used for storage purposes. While another building is located across the boundary with the adjoining property to the south at 105 Eumundi Noosa Road, this is to be removed at a later date. This is not considered to be of any real concern given that the applicant has contracted to purchase both of these properties (101 & 105 Eumundi Noosa Road). 16014 – 101 Eumundi Noosa Road, Noosaville Page 5
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“Adamson Town Planning, specialising in providing higher order town planning advice” Background With respect to the existing development on the site, the Council has advised that (refer Attachment 1): An approval was issued in 1977 (TPC 658) for “Renovations to existing building to permit hardware, store/tyre & wheel alignment service, office, storage and cabinet maker”. From limited information on the file it would appear the pool shop and an associated pool display had been operating prior to 1993. The pool display business has not been in operation for sometime but the pool shop has continued to operate. 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 if your client intends to continue the current use. Given the advice provided above, the application is being lodged to remedy the potential non-compliance under the planning scheme. The site currently enjoys some existing use rights under a continuing approval TPC 658 for “Renovations to existing building to permit hardware, store/tyre & wheel alignment service, office, storage and cabinet maker” (refer Attachment 2). This has been confirmed in the Amended Standard Planning and Development Certificate provided as Attachment 3. The application has been lodged in order to provide more guidance about the uses that are allowed on the land, but have been specifically framed around the existing and historic uses that have and continue to occur. It is suggested that while a number of uses are being applied for, in effect the development is undefined and comprises a mix of uses, all of which have occurred on the land at some point. It is important to note that it is not intended that the existing development increase in scale or intensity, but reflect the current scale of development on the land. Further, some community benefit will be provided with the proposal by undertaking improvements to the existing built form and other operational works on site, which are discussed further below. Subject Land and Surrounding Uses The subject land is located in Eumundi Road, between Goodchap Street and Headland Drive (refer Figure 2). To the immediate north and east of the subject land (Lot 61 on RP69404), is Klinge Scaffolding, which has been in operation for a number of years. The land to the north 16014 – 101 Eumundi Noosa Road, Noosaville Page 6
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“Adamson Town Planning, specialising in providing higher order town planning advice” is currently occupied by another commercial use known as ‘Ecom Noosa’, which is described as a ‘Innovative Commercial Hub’, being located over the site formerly occupied by a nursery and garden centre (Hart’s Nursery) and latter redeveloped and approved as a Garden and Lifestyle Centre. To the immediate south are some dwellings, one of which adjoins the subject land and is also being purchased by the applicant. Further to the south is a child care centre and the Good Shepard Lutheran School. Further to the east and to the south east are dwellings. Opposite the site on Eumundi Noosa Road is public open space. Consequently, the subject land is located in a mixed use area with the existing and immediate uses to the east and north being for commercial and industrial purposes. This means that a significant portion of the land in the immediate locality is used for commercial purposes, some of which is recently approved, despite the current residential zoning. Figure 2 – Locality Plan Proposed Development The development proposal seeks a development permit for material change of use for a mix of uses, that collectively are undefined, but individually are best described as: 16014 – 101 Eumundi Noosa Road, Noosaville Page 7
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Retail Business Type 6 Hardware;
Retail Business Type 7 Garden Centre; and
Industrial Business Type 2 Production, alteration, repackaging & repairing (for limited
uses).
It is suggested that the above uses generally reflect the uses that have occurred on the land,
either currently or historically. The current Pool Shop use on the land is akin to a hardware
store and service industry. To that end, a number of existing hardware stores sell pool
equipment and supplies. Further, the servicing and fixing of pool pumps and the testing of
pool water etc. on the land is essentially a service industry component of the use.
Originally, the site was used for selling pools, water features and or ornamental garden
products when occupied in part by Gumnut Pools for a number of years. This use is also akin
to a hardware store, with a number of hardware stores selling similar products such as garden
pavers, ornaments and ponds; however, it is suggested that this type of use would now be
best defined as a Garden and Lifestyle Centre use under the current planning scheme.
The existing use rights are described under development approval TPC 685 (Attachment 2),
as being … hardware store/tyre & wheel alignment service, office, storage and cabinet maker
uses. Consequently, the current approval provides for a range of uses, which generally include
a hardware use (hardware store) and light industry uses (tyre & wheel alignment service,
storage and cabinet maker), including associated office space.
With respect to the proposed Industrial Business Type 2 use, it is accepted that the land is
not necessarily well suited for a broad range of industrial uses that might be able to occur
under this definition. This is in terms of adverse impacts being caused to adjoining residential
properties. Consequently, it is suggested that this use should be tailored to be consistent
with the definitions of Low Impact Industry and Service Industry under the current
Queensland Planning Provisions (QPP-4).
These definitions state:
Low impact industry
Premises used for industrial activities that include the manufacturing, producing, processing,
repairing, altering, recycling, storing, distributing, transferring or treating of products and have
one or more of the following attributes:
negligible impacts on sensitive land uses due to offsite emissions including aerosol, fume,
particle, smoke, odour and noise;
minimal traffic generation and heavy vehicle usage;
demands imposed upon the local infrastructure network consistent with surrounding
uses;
the use generally operates during the day (e.g. 7 am to 6 pm);
offsite impacts from storage of dangerous goods are negligible
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the use is primarily undertaken indoors.
Service industry
Premises used for industrial activities that have no external air, noise or odour emissions from
the site and can be suitably located with other non-industrial uses.
Both of the above uses under the QPP represent uses that would fall under the definition of
Industrial Business Type 2 Production, alteration, repackaging & repairing under the Noosa
Plan; however these uses better reflect the type of industrial uses that could be allowed on
the subject land. Further, these uses are generally consistent with the uses allowed under the
current development approval TPC 658, including the existing Pool Shop use. The above uses
provide for low scale and intensity industrial uses that are to have minimal off site impacts
and would generally suit the site, given the amount of separation between the existing
building and the adjoining residential properties.
Having regard to the other uses being applied for, it is suggested that the site is also well
suited for a Garden and Lifestyle Centre (Retail Business Type 7 Garden & Lifestyle Centre),
given the existing approval, the previous uses that have occurred on the land and the
adjoining commercial and industrial uses and the high level of assessability to Eumundi Noosa
Road.
Figure 3 – Site Plan
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It should be noted that it is also intended to undertake a number of improvements to the
existing development, while maintaining the current use area. A copy of the proposal plans is
provided as Attachment 4 (Figure 3). These improvements include:
new northern access clear of the existing access over the adjoining land to the north
(Klinge land);
new sealed parking and manoeuvring areas and provision for 21 sealed carparking
spaces and gravel hardstand area for any overflow parking, if required;
maintenance works for the existing outdoor display area with provision for at least 2m
of landscaping to the frontage;
additional landscaping to the frontage in front of the existing building, extending
partly within the road reserve, in a similar manner to that existing, but being improved;
removal of all asbestos from the existing building, with new fascia, guttering and
roofing to be provided; and
new lightweight cladding and render to existing walls.
It is important to note that the existing use areas within the site are not to be increased and
reflect the use areas currently and previously used within the land.
State Planning Provisions
The proposed development is to be assessed under section 341 of the SPA, including:
State Planning Regulatory Provisions (SPRP);
South East Queensland Regional Plan 2009-2031 (SEQRP); and
State Planning Policy, April 2016 (SPP).
SEQ Regional Plan & State Planning Regulatory Provisions
The subject land is located within the Urban Footprint under the South East Queensland
Regional Plan 2009-2031 (SEQRP) and is consistent with the intent of the SEQRP and the
associated Regulatory Provisions.
The subject land is not located within the SEQ Koala Conservation area under the SEQ Koala
Conservation Plan.
State Planning Policy (SPP)
The Noosa Plan 2006 (planning scheme) commenced in February 2006 and therefore
predates the current SPP. Consequently, an assessment is required against Part E, Interim
Development Assessment Provisions.
The subject land is affected by the following designations under the relevant mapping for the
SPP:
Potentially a flood hazard area, subject to local government mapping;
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Water Quality – stormwater management.
While the subject land is designated as being potentially located in a flood hazard area, the
land is not affected by flooding under the Natural Hazards Overlay of the Noosa Plan 2006.
Consequently, the matter of flooding is not relevant in the assessment.
The land is located in an area that is to address the matter of water quality, in terms of
stormwater leaving the site. The subject land has as an area greater than 2,500m² with more
than 25% likely to be sealed. Consequently, the development is to minimise adverse impacts
on the environmental values of receiving waters.
Subject to detail design, stormwater from sealed areas will collected on site and treated
before being discharged to the existing stormwater drainage easement located in the
adjoining land to the east. It is also expected that conditions of approval will be imposed with
respect to the management of stormwater quality being discharged from the site.
Consequently, the proposed development is consistent with the interim development
assessment provisions under the SPP.
Noosa Plan 2006
Under the Noosa Plan 2006, the subject land is located within the Noosaville Locality Plan
Area and is included in the Attached Housing Zone (refer Figure 4). The proposed
development is subject to impact assessment, with the application to be assessed against the
whole of the planning scheme. It is acknowledged that all of the proposed uses listed in the
Table of Assessment are not consistent in the Attached Housing Zone; however there are
grounds that warrant approval of the proposal, despite any conflict.
It is suggested that the most relevant provisions for the assessment include, the following:
Desired Environmental Outcomes;
Noosaville Locality Code;
Driveways and Car Parking Code; and
Landscaping Code.
The following overlays are also applicable.
Triggered Overlay Level of Assessment Criteria
Assessment
Acid sulfate soils overlay Exempt Not involving earthworks below
-Low potential Acid sulfate 5m AHD.
soil area 5-20m AHD
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Legend
Figure 4 – Zoning Plan
An assessment of the proposal against the most relevant provisions is provided below.
Desired Environmental Outcomes
Given that the assessment is to be undertaken against the whole of the planning scheme and
the nature of the uses being sought are located within a residential zone, it is relevant to
consider the Desired Environmental Outcomes (DEO’s). The most relevant DEO’s, are
considered to include the following:
b) COMMERCIAL & RETAIL USES
A hierarchy of centres with a range of Commercial and Retail business uses provide suitable
levels of amenity, service and access to the community, consistent with the community’s location
and needs and is based on:
i. A proportion of Noosa’s higher order needs fulfilled by centres in other areas,
particularly the key regional centre of Maroochydore;
ii. the Shire Business Centre, a Major Activity Centre for the purposes of the SEQ
Regional Plan and the highest order centre within the former Noosa Shire, developed
in stages consistent with the needs of the population of the former Noosa Shire and
areas to the immediate south;
iii. protecting the long term viability of the Shire Business Centre as the principle
business, retail and administrative centre;
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iv. recognising that it may be necessary to increase floor space in existing centres to
meet changing needs, provided any increased floor space does not impact on the
successful operation and development of the Shire Business Centre;
v. business centres at Cooroy, Noosa Junction, Noosaville and Tewantin;
vi. neighbourhood or visitor centres at Peregian Beach, Sunrise Beach, Sunshine Beach,
Noosa Heads, Noosaville, Tewantin, Cooroibah and Teewah;
vii. the town of Pomona and the village centres of Kin Kin, Boreen Point and Cooran;
viii. Uses that comprise a large component of Commercial and Retail business uses or
other non-industrial uses are not located on land that is otherwise intended for
Industrial business uses;
ix. Home-based business uses that contribute to the economy of Noosa, but do not
reduce surrounding residential amenity or environmental values; and
x. energy efficiency and water conservation principles.
Comment: While the development proposal is for two (2) retail uses, those being Type 6
Hardware and Type 7 Garden & Lifestyle Centre, aspects of both of these uses have previously
occurred on the land for a considerable period and continue to occur. The scale and intensity
of the development remains the same as the historic use of the land and in any event is not
of scale that would impact upon the retail hierarchy. Consequently, the proposed
development does not conflict with this DEO.
e) INDUSTRIAL BUSINESS USES
Industrial uses and extractive and mining uses:
i. provides suitable levels of service and employment to the community;
ii. promotes the sale of local products;
iii. is predominantly low key, clean and service-orientated;
iv. is underpinned by environmentally sustainable development practices that avoid
adverse impacts on immediate or surrounding settlements or ecosystems;
v. develops and operates in a sustainable manner, including prudent use of non-
renewable resources;
vi. results in a proportion of Noosa’s higher order needs being fulfilled by facilities
located in other areas, particularly the key regional centre of Maroochydore;
vii. protects industrial areas, valuable extractive and mineral resources and associated
heavy vehicle haul routes, particularly from the encroachment of incompatible
development, for the ongoing benefit of the community; and
viii. utilises water and energy efficient practices.
Comment: The proposed development is for low impact industrial uses and service industry
uses, which will provide employment and some community benefit, albeit at a relatively small
scale. The development is low key and is to be no greater in scale and intensity than that
currently existing on the land or allowed under existing use rights. Further, the development
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will not have a significant adverse impact upon the amenity of any surrounding residential
properties.
It is accepted that the development is not consistent with development normally associated
with the Attached Housing Zone; however, the site enjoys existing use rights, which predate
the current planning scheme. Further, the proposed development does not seek an increase
in the scale and intensity of the uses allowed, but rather seeks to rationalise the current and
historic uses on the land.
In my opinion, the proposed development does not comprise the achievement of the above
desired environmental outcomes.
Noosaville Locality Code
Under the Noosaville Locality Code, the overall outcomes are the purpose of the code. The
most relevant overall outcomes under the Noosaville Locality Code are discussed below.
a) New uses and works are located, designed and managed to:
i. be compatible with other uses and works;
ii. maintain the safety of people and works;
iii. avoid significant adverse impacts on the amenity enjoyed by users of other
premises, including acoustic and visual qualities; and
iv. avoid significant adverse effects on the natural environment, including native
habitat removal, fragmentation and attrition;
Comment: Given the current use on the land, the historic uses that have and are allowed to
occur, as well as the nature of the adjoining commercial and industrial uses, it is suggested
that the proposed development is compatible with the surrounding uses, which are mixed.
Further, provided the industrial uses are limited in nature as suggested above, the proposed
development will not adversely impact upon the amenity enjoyed by users on adjoining
premises. This is from both an acoustic or visual amenity perspective. In fact, it is intended
under the proposal to undertake a number of improvements that will significantly improve
the visual amenity of the existing development and the streetscape generally and will also
provide additional landscaping at the rear of the development.
d) Attached accommodation is focussed on the areas closest to the Noosaville Business
Centre, in areas with good public transport facilities and in areas with ready access to
the recreation features of the locality.
Comment: The proposed development is not for attached housing and the subject land is not
located close to the Noosaville Business Centre and consequently does not offend the above
overall outcome. Further, having regard to the mix of land uses in the locality and its proximity
from the Noosaville Business Centre, it is questioned that attached housing is the best form
of development for the subject and adjoining land.
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e) Urban detached housing is contained to the Detached Housing, Semi-Attached Housing
& Attached Housing Zones.
Comment: It is accepted that the use is not for attached housing; however the uses are
consistent with the current and historic uses on the land and are not out of character at this
location.
i) Significant retail and commercial uses provide residents and visitors with a range of low
to high order goods and services.
Comment: The proposed development does provide for limited retail uses and a range of
goods and services and is consistent with the overall outcome.
o) The function, safety and visual amenity of the Noosa’s major road network are protected;
Comment: At the present, the current development on the land looks tired. Under the
development proposal it is intended to undertake a number of improvements to the building
and landscaping to the frontage as well as sealing of carparking and manoeuvring areas,
which will significantly improve the visual amenity of the subject land, which also fronts the
major road network.
s) For the Attached Housing Zone, residents and visitors are accommodated in
predominantly Multiple housing forms that:
i. contribute to a high level of residential amenity, design quality and safety;
ii. respect the scale and character of the streetscape and surrounding development;
and
iii. are located within convenient access of employment centres, goods and services,
public transport and community facilities;
Comment: The proposed development is not for Attached Housing. Despite this, the
development does not seek to increase the scale or intensity of the existing development on
the land, with the same use area being maintained. The development application seeks to
remedy any current non-compliances and rationalise existing use rights, into a signal
workable approval. It is expected that ultimately the existing building on the land will be
removed to make way for new residential development, should the existing residential zoning
on the land remain.
The most relevant specific outcomes under Table 11.13 are discussed below.
Specific Outcomes Probable Compliance
Solutions
Amenity
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O1 Uses are located, No solution While the propose development
designed and operated to provided essentially seeks retail and industrial
avoid significant adverse uses, these uses generally reflect the
changes to the light, air uses that have occurred or are currently
quality, noise, accessibility or occurring on the land. With respect to
other conditions the proposed industrial use, it is
enjoyed by users of intended that the nature of this use be
associated, adjoining or tailored as discussed above, to ensure
nearby uses. no adverse amenity impacts occur. The
proposed Low Impact Industry and
Service Industry uses under the QPP
generally reflect the existing uses on the
land having few if any amenity impacts.
Visual amenity
O3 The visual amenity and No solution The proposed development is to
character surrounding the provided maintain the current built form with
major road network is improvements intended to enhance the
protected and enhances the visual amenity of the existing
recognisable entrance to development, which will be of benefit to
Noosaville through: the general community.
a) retaining and enhancing
the visual and physical
separation of Noosaville
from other localities; and
b) ensuring development
does not encroach upon
existing native
vegetation along the
road frontage other than
for accessways.
With respect to the built form outcomes under Table 11.13, the scale of the existing
building and its location will remain unchanged. The matters of density, building height,
setbacks, site cover, gross floor area, plot ratio and roof form are not relevant to the
assessment in this instance.
Materials and finishes Compliance:
O21 Buildings and other structures use materials The existing building on the site is to be
and finishes that complement the Noosaville renovated and makes use of light weight roofing
character and integrate with the surrounding and wall cladding with the existing block work to
natural and built environment. be rendered. The development once finished will
complement and integrate with the
development in the locality.
Under Table 11.16, specific outcomes are provided for the Attached Housing Zone. It is
acknowledged that under specific outcome O43 Consistent uses and specific outcome O44
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“Adamson Town Planning, specialising in providing higher order town planning advice” Inconsistent Uses, that the proposed development is for uses that are not consistent with the Attached Housing Zone. While this is the case, the land currently enjoys existing lawful use rights for a range of uses under development approval TPC 658, issued in 1977 (Attachment 2). The approval is for “Renovations to existing building to permit hardware store/tyre & wheel alignment service, office, storage and cabinet maker”; however according to the letter received from Council (Attachment 1), there are limited details on file about the approval. The purpose of the application is to rationalise the existing use rights and the current and former uses, which have existed on the land for a number of years and are interrelated. It is important to note that while the building is being renovated, the size of the building remains the same with the actual use area of the existing outdoor display also remaining the same. It is suggested that while new uses are being applied under the Noosa Plan, collectively these uses reflect the current and former uses as well as the existing use rights. It is acknowledged that the proposed development is not consistent with the Attached Housing Zone, having regard to the surrounding uses and the character of the area, the development remains compatible and will not have significant amenity impacts upon any adjoining residential properties. Overlay Code The subject land is affected by the Natural Hazards Overlay, having a Low Potential Acid Sulfate Area 5-20m AHD. While the development is located in an area that is potentially affected by acid sulfate soils, the development does not involve any earthworks below 5m AHD and therefore is exempt development under the Overlay Code. Landscaping Code The proposed development seeks to improve the amount of landscaping near the frontage of the site, within the new sealed carpark area and at the rear of the premises. All landscaping will be undertaken in accordance with the relevant provisions of the Landscaping Code. It is noted that the existing landscaping beds at the frontage protrude into the road reserve, which has always been the case. It is considered desirable to provide additional landscaping to the frontage generally as shown on the proposal plan (Attachment 4), some of which will remain within the road reserve. This is because of the nature of the existing development, with the location of the building and the desirability to retain the existing sealed drive through at the frontage along with the three (3) carparking spaces. It is noted that the new landscaping will not extend any further into the road reserve. While the landscaping could be removed from the road reserve, this will reduce the amount of landscaping available at the frontage, which is not desirable. 16014 – 101 Eumundi Noosa Road, Noosaville Page 17
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Driveway and Carparks Code
The most relevant code of the Engineering Works Codes is the Driveway and Carparks Code.
Under the code the most relevant specific outcomes include the following.
Specific Outcome Probable Solution
O1 Vehicular access does not adversely impact S1.1 Vehicular access is located and designed in
on safety, capacity and operations of the existing accordance with AUSTROADS Guide to Traffic
or planned road network, the proposed Engineering Practice requirements for sight
driveway, cycleways or pedestrian pathway distance and Section 3 of AS2890.1 Parking
systems. Facilities;
AND
S1.2 Only one footpath crossing is provided
Driveways and Carparking Code.
AND
S1.3 Driveways, other than within any setback
have a maximum grade in accordance with
Section 3 of AS/NZS 2890.1
Comment: The proposed new vehicular access will comply with the relevant Australian Standard
and will not adversely impact upon the safety, capacity and operation of the existing road network.
While more than one footpath crossing is provided, this remains the same as the existing
development, with access being left in and left out, which is desirable at this location.
O7 Sufficient carparking is provided to S7.1 The number of parking and loading bays is
accommodate the number and type of vehicles not less than the minimum number specified in
likely to be generated by the development Table 14-51 Vehicle Parking Requirements.
having regard to the specifics of the use
including –
a) the type and intensity of land use;
b) any existing parking available on the site;
c) hours of operation;
d) likely numbers of users;
e) the peak parking demand periods of uses on
the site; and
f) the availability of alternative carparking.
Comment: Under Table 14-51, for the uses being applied for the highest generating carparking use
is the Industrial Business Type 2, which requires 1 space per 30m² of use area up to 150m², plus 1
space per 50m² up to 500m², plus 1 space per 100m² in excess of 500m². Based on the current use
area, which is 1,010m² for the existing development, a total of 18 carparking spaces are required.
The applicant is proposing to provide 21 sealed spaces, with an additional gravel hardstand area
that would provide for any overflow parking, if required. Further, there is sufficient sealed area
provided on site for parking and unloading of a single unit truck. Consequently, it is suggested that
there is sufficient parking provided for the proposed development.
O8 The layout of the development provides S8.1 Parking bays, manoeuvring areas, queuing
adequate, clearly defined and easily accessible – areas, loading, setdown and pickup areas and
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“Adamson Town Planning, specialising in providing higher order town planning advice”
a) on-site vehicle parking and manoeuvring driveways are designed to the standards set out
areas; and in Sections 2 and 3 of Australian Standard AS
b) loading and manoeuvring areas for delivery 2890.1 Parking Facilities (Part 1: Off-street
and service vehicles. Carparking) and AS 2890.2 – Off-street Parking
(Part 2: Commercial Vehicles);
AND
S8.2 The number of loading bays is not less than
the minimum number specified in Table 14-51.
Comment: The proposed development is able to comply with the requirements under the relevant
Australian Standard in terms of on-site manoeuvring and loading areas for delivery and service
vehicles, which will be demonstrated at the operational works stage.
O20 Carparks are designed to ensure run-off is S20.1 Grease and oil arrestors or stormwater
treated to remove pollutants prior to leaving the quality improvement devices are incorporated
premises. into the design to treat run-off prior to it leaving
the premises.
Comment: It is intended that all stormwater runoff from sealed areas will be treated on site and
discharged either to kerb or the existing stormwater drainage easement at the rear of the property.
Conflict and Grounds
As detailed above, it is evident that there is some conflict with the planning scheme in terms
of the proposed uses not being consistent with the Attached Housing Zoning. Despite this,
the site currently enjoys existing use rights under TPC 658 as a ‘hardware store/tyre & wheel
alignment service, office, storage and cabinet maker’ (Attachment 2 & 3)
It is also understood that the Pool Shop and an associated sales shop (Gumnut Pools) have
operated from the site since about 1993; however the pool and landscaping display
component has not operated for some time. Consequently, while the above uses are being
sought, this is purely to obtain a development approval that reflects the historic uses, while
not increasing the use area or GFA of existing buildings.
While there is some conflict with the planning scheme, the proposed development does not
compromise the achievement of the relevant DEO’s discussed above. This is because the
proposal generally reflects the existing use rights and the current and historic uses, while
maintaining the same scale and intensity. The development is not of a scale that would
adversely impact upon the retail hierarchy or cause significant adverse amenity impacts.
Further, the development is compatible with the surrounding land uses.
It should be noted that the applicant is also keen to use the site and the adjoining site at 105
Eumundi Noosa Road for temporary carparking, in association with the Noosaville Medical
and Professional Centre. This would occur when the additional carparking works are
undertaken for the Centre, which means patrons and staff will be able to park on the subject
and adjoining land while these works are being undertaken.
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“Adamson Town Planning, specialising in providing higher order town planning advice” This would be for a limited period and it is suggested that the use of the site for parking for the Centre would be a ‘temporary use’ and does not warrant a separate development approval. However, it could be the case that should there be an increase in parking demand at the Centre, staff or students could be accommodated at the site. This also would provide some community benefit, given the Noosaville Medical and Professional Centre provides support services to the Noosa Hospital and the UCQ campus for the Noosa area, which is a highly desirable development at this location. This is particularly the case since the further land at the Noosa Business Centre is not yet development ready. It is suggested that there is also some community benefit in allowing the development proposal given the proposed improvements that will be undertaken at the site. This will provide for sealed parking and manoeuvring areas, additional landscaping to the frontage and improvements to the building generally. Collectively, this will improve the visual amenity of the existing development, which is of considerable benefit to the general community. Further, the nature of the proposed uses are such that they will not have a significant adverse impact upon the amenity of neighbouring residential properties and generally reflect the existing and historic uses that have occurred on the land. Infrastructure Charges The Adopted Infrastructure Charges Resolution (AICR) should not be applicable for the proposed development. This is because the proposed development does not involve an increase in use area or GFA and has existing lawful use rights. Further, while three (3) uses have been applied for, these uses best represent the exiting use rights and the current and historic uses over the land. Given the above, it is suggested that no additional infrastructure charges should be payable. Conclusion The proposed development seeks to rationalise the existing use rights and the current and historic uses over the land. It is suggested that the uses applied for best represent this mix of uses collectively and will have the effect of remedying any potential breach of the planning scheme as suggested in the letter received by the Council (Attachment 1). With respect to the Industrial Business Type 2 use, it is suggested that this use should be tailored to accord with the definitions for Low Impact Industry and Service Industry under the QPP. This would ensure that any industrial uses on the land do not cause significant adverse impacts upon the adjoining residential properties, as is currently the case for the existing retail and service industry use. It is important to note that the proposed development maintains the same scale and intensity of development on the land with no increase in use area. To that end, the building maintains 16014 – 101 Eumundi Noosa Road, Noosaville Page 20
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“Adamson Town Planning, specialising in providing higher order town planning advice” the same GFA along with outdoor display area also being the same use area historically used on the site. It is suggested that the proposed development will provide some community benefit with the existing tired looking development receiving a number of visual amenity improvements. This includes new roof and wall sheeting, rendered block work, improved landscaping to the frontage and sealed access and manoeuvring areas, with provision for 21 carparking spaces. It is also noted that the applicant intends to use the subject and adjoining land (101 & 105 Eumundi Noosa Road) in part for temporary carparking for the Noosaville Medical and Professional Centre, as the need arises, in particular when the western carpark of the Centre is being constructed. This is considered to be a ‘temporary use’ only and does not warrant a separate development approval. The subject site has potential value to be used for overflow parking for the Noosaville Medical and Professional Centre, for staff or students should that need arise in the future. It is accepted that if this was to occur on a frequent basis, then a separate approval for the parking might need to be obtained. It is accepted that the proposed development does not accord with the Attached Housing Zoning under the planning scheme. However, the proposed uses simply reflect the existing use rights as well as the current and historic uses occurring on the land and will provide more certainty with respect to those uses. The development proposal remedies any potential non compliance with the planning scheme for the existing Pool Shop use, and maintains the same scale and intensity of development that has previously occurred on the land under the existing use rights. The proposal does not seriously offend the higher order provisions under the planning scheme. In my opinion, to the extent there is conflict with the planning scheme, there are grounds that are sufficient to warrant approval of the proposal despite the conflict. Consequently, the development should be approved subject to reasonable and relevant conditions being imposed. 16014 – 101 Eumundi Noosa Road, Noosaville Page 21