2016-04-19 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     19 APRIL 2016


3.2. State and Other Statutory Instruments
State Planning Policy

The development is within a mapped potential acid sulphate soils area and triggers assessment
against the State Planning Policy in regard to Water Quality. This aspect is assessed in Section
3.3 of this report, with the development able to comply, subject to appropriate conditions.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies and Regulatory Provisions of the SEQ Regional Plan.
3.3. Statutory Instruments – Planning Scheme
The site is located in the Noosaville locality and is zoned Industry. A service station is identified
as a consistent use within the zone and would otherwise be subject to code assessment,
however, the retail shop component is identified as an inconsistent use and the application is
therefore required to follow an impact assessable application process.
Locality Provisions
The retail shop component raises conflicts with the uses sought within the zone. Generally
speaking, The Noosa Plan seeks to avoid retail shops (of the type normally expected within
shopping centres and retail shopping strips) from the Industry zone. Overall Outcome 11.8.2 (y)
of the Noosaville Locality Code states:
For the Industry Zone—land in this zone—
… is protected for industrial functions including Industrial business Type 2 to the exclusion of
incompatible uses including Residential Uses, Community Uses, Commercial business and most
sport and recreation uses and Retail business uses;
Given the retail shop use’s planning conflict, the Sustainable Planning Act requires the
assessment to identify sufficient grounds to overcome the conflict for the application to be
supported. The applicant’s submits the following grounds in support of the retail shop:
 The proposed use is considered to be an appropriate and reasonable form of development
   within the area in which it is located.
 The proposed development is of a type, scale and intensity that is consistent with a
   reasonably anticipated service station type development.
 The proposal will comprise high quality, improved landscaping which is considered to soften
   the visual impact on the hard surface areas and improve the current appearance of the site.
 The existing vegetated buffer is to be continued along Walter Hay Drive and established trees
   are to be retained where possible.
 The proposal is considered to significantly improve the visual amenity of the existing site and
   adjoining area by incorporating modern architectural qualities, improved landscaping and
   upgraded street frontages.
 The application demonstrates compliance with all relevant local and state provisions including
   all relevant codes.
It is agreed the retail shop component is an ancillary and commonly expected component of a
modern service station development. The convenience retail role of service stations has largely
replaced traditional corner stores, which have all but disappeared, and now form an important
part of the retail network to meet residents’ needs. The site is located on Eumundi Noosa Road,
a major arterial road, and will serve the high levels of passing traffic. Whilst the development will
probably compete with a recently approved service station on the opposing corner of Eumundi
Noosa Rd and Walter Hay Drive (MCU14/0102.02), this is not a significant matter for the
assessment, given the service station is a consistent use within the zone.

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