Council Report OPW19 0132

OPW19/0132 Development application for Operational works (Signage) at 143 Eumundi noosa road, noosaville

Document information

Author	Development Planner, Billy Glover
Environment and Sustainable Development

Index	ECM / Application / OPW19/0132

Attachments	Nil

APPLICATION DETAILS
Applicant	BDH Group Investments Pty Ltd TTE
Proposal	Operational Works (Signage)
Properly Made Date	31 May 2019
Information Request Date	Not required
Information Response Date	Not required
Decision Due Date	5 August 2019

PROPERTY DETAILS
Property Address	143 Eumundi Noosa Rd Noosaville Qld 4566
RP Description	Lot 1 SP 294726
Land Area	2,523.47m²
Existing Use of Land	Retail Business Types 2 & 5 Entertainment and Dining Business Type 1

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazard (Acid Sulfate Soils)
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 9 July 2019 regarding application No. OPW19/0132 for a Development Permit for Operational Works (Signage), situated at 143 Eumundi Noosa Road, Noosaville and:
A.	Refuse the application for the following reasons:
The application proposes an Advertising Device in the form of a Moving sign which is inconsistent with:
The Overall Outcomes of the Advertising Devices Code of The Noosa Plan, being that:
The proposed Advertising Device is not designed and integrated into the built form so as to minimise visual clutter;
The proposed Advertising Device has the potential to adversely impact on the visual amenity of the major road network;
The proposed Advertising Device has the potential to pose a hazard for pedestrians, cyclists or drivers of motor vehicles;
The proposed Advertising Device does not accommodate the legitimate need to provide directions and business identification in a manner that is consistent with achieving the overall outcomes of the code; and
Moving signs are not located in Noosa Shire.
The Specific Outcomes of the Advertising Devices Code of The Noosa Plan, being that:
Moving signs are inconsistent Advertising Devices and are not located in Noosa Shire;
The proposed Advertising Device has the potential to cause an environmental distraction; create glare, reflection or flaring colours; and create a potential safety hazard, including a traffic safety hazard; and
An advertising device does not move or incorporate elements that give the impression of movement.
The Probable Solutions of the Advertising Devices Code of The Noosa Plan, being that:
Illuminated Advertising Devices are limited to 1 sign per tenancy.
B. 	Advise the applicant that Advertising Devices associated with the subject tenancy must not exceed a single sign face area of 4m2 and a maximum total sign face area of 10m2. In this regard, the applicant may wish to erect a non-illuminated and non-moving Wall sign as an alternative to the proposed Advertising Device, in accordance with the Advertising Devices Code of The Noosa Plan.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval for an outdoor wall mounted LCD Advertising Device (1.69m2) located on the external wall of the existing 7 Eleven Service Station tenancy. The applicant submits the following:
One digital display sign (LCD screen) is proposed to be installed (wall mounted) to the northern elevation close to the entrance of the existing building and will replace the approved scrolling advertisement board (figures 1 and 2).

Figure 1 – Location of proposed device

Figure 2 – Proposed Advertising device
The specifications of the sign are as follows:
Outdoor LCD flat panel display;
LED direct back-light to make brightness more uniform, environment friendly and energy saving;
Dimensions: H1650mm x L1025mm x W90.5 (65-inch screen);
Fan cooling system for temperature control; and
Automatic light-sensitive system.
The content of the screen will change periodically over time to display various products available in store. As an example, it could be 5 images shown for 10 seconds each. This is similar to the existing type and number of adverts that would be shown on the existing scrolling sign.
The screen has a built in ambient light sensor that adjusts the brightness of the screen based on the environmental light. The brightness level is flexible and the LUX output can be controlled manually or automatically. The maximum luminance (in candela per square metre- cd/m²) will be:
4000cd/m² - daytime
700cd/m² - dawn/dusk
350cd/m² - night
The signage will not give a veiling luminance of greater than 0.25cd/m².
The proposed location of the sign will have minimal to no impact on passing vehicles and pedestrians travelling on Eumundi Noosa Road. The size, location and limited content changes will provide a safe environment for vehicles and pedestrians travelling through the area. The intent is to advertise to customers already on site as opposed to attracting passers-by.
The sign will be structurally affixed to the building and meet any relevant deemed-to-satisfy provisions of the Building Code of Australia (BCA).
The purpose of this DA is to gain approval for a single digital sign which will be used for information and product display purposes. There are no changes proposed to any other building or site signage. Similarly, there are no changes proposed to the approved operation, including hours, delivery times or waste collection.

Figure 3 – Locality Plan
site details
Background
A Material Change of Use was approved in 2015 (MCU14/0102) over Lot 1 & 2 SP294726 for a mixed use development as follows:
Service station
Convenience store
Restaurant
Retail, industrial and warehouse type uses
Associated car parking and signage
The site was developed in 2016 and all tenancies have since been filled. At the time, the original application was publicly notified, 14 properly made submissions were received (1 objection and 13 in support). The objection was primarily concerned with car parking, traffic generation, fuel storage and the financial viability of existing food outlets.
Changes to this approval are detailed as follows:
MCU14/0102.01 - On 24 September 2015 Council approved a change to the approval which primarily consisted of the inclusion of a vehicle drive through to the rear of the food outlet and minor changes to floor areas and car parking.
MCU14/0102.02 - On 23 October 2015, Council approved a change to the approval to remove Retail Business Type 6 – Hardware Store from the approval.
MCU14/0102.03 - On 14 March 2016, Council approved a change to the approval for minor built form alterations to the entertainment and dining business use and to relocate one pylon sign from Walter Hay Drive to Eumundi Noosa Road and change the approval to locate 3 illuminated signs facing Eumundi Noosa Road.
MCU14/0102.04 - On 26 August 2016, Council approved a Material Change of Use to include a showroom within the commercial complex.
MCU14/0102.05 – On 21 March 2017, Council approved a request to make a change to the existing approval, to include Retail Type 6 Hardware for Shops 1 & 2.
MCU14/0102.06 – On 12 July 2017, Council approved a request to make a change to the existing approval, to include additional floor area of 67m2 for a mezzanine level within the existing Trade Tools tenancy.
The current approval (MCU14/0102 & OPW15/0051) allows for 2 illuminated pylon signs with a maximum height of 5 metres on the Eumundi Noosa Road frontage and smaller one (not illuminated) on the Lionel Donovan frontage. These signs are existing.
Refused changes to this approval and refused operational works (signage) are as follows:
MCU14/0102.07 & OPW17/0570 – On 21 December 2017, Council refused a request to make a change to the existing material change of use approval over the site and proposed operational works (signage), to erect a 5 metre illuminated freestanding pylon sign fronting Walter Hay Drive.
Figure 4 – Existing and Proposed Tenancy Signage
Site Description
The subject site of this application (Lot 1 only) is 2,523.47m2 in area and is generally flat. The site comprises two tenancies (7 Eleven Service Station and KFC) accessed by Eumundi Noosa Road and Lionel Donovan Drive.
Surrounding Land Uses
The site is predominantly surrounded by Industrial Business uses in the Industry zone. Other uses in the area include Retail (Trade Tools, Repco); Showrooms (Autopark) Community (School); and Residential (Retirement Community).
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the following code to the extent the code is relevant to the development:
Advertising Devices Code
The subject site is located in the Noosaville Locality and is zoned Industry. The proposed Advertising Device is identified as an inconsistent device within the Advertising Devices Code and is required to follow a code assessable application process.
Overall, Specific and Probable Solutions
The following sections of the code are relevant to this application:
Moving sign
Specific Outcome O1 of the code states:
The following advertising devices are inconsistent with the overall outcomes sought by this Code and are not located in Noosa Shire—
Balloons or other gas filled advertising devices
Blind signs
Moving signs
All roof signs
Signs illuminated by, or incorporating, neon lighting;
Signs with a signface area exceeding the Acceptable Solutions of this Code or 4m2 , whichever is the lessor
3-Dimensional sign
Any combination of signs on one premise with a combined signface area exceeding the Acceptable Solutions of this Code or 10m2 whichever is the lesser i) Bunting/Banners
Portable Trailer signs
Projected signs
Third party signs.
Specific Outcome O8 of the code states:
An advertising device does not move or incorporate elements that give the impression of movement.
Illumination
Specific Outcome O7 of the code states:
An advertising device only incorporates illumination and lighting where it:-
is appropriate to its setting and is compatible with the visual amenity of the surrounding area;
does not cause an environmental nuisance or distraction;
does not create glare, reflecting or flaring of colours; and
will not create a potential safety hazard, including a traffic safety hazard.
Additionally, Probable Solution S7.2 of the code states:
Where the advertising device is illuminated, it:-
has a maximum luminance of 350 candelas per m²;
does not incorporate flashing lights;
is switched off between 11:00pm and sunset of the following day; and
is limited to 1 sign per tenancy.
Assessment
The application and proposal does not demonstrate compliance with the above specific outcomes and probable solution.
The proposal is inconsistent with the Advertising Devices Code as the proposed LCD Advertising Device is a Moving sign. The function of the proposed device is to move and will give the impression of movement. To reiterate, the applicant submits:
The content of the screen will change periodically over time to display various products available in store. As an example, it could be 5 images shown for 10 seconds each. This is similar to the existing type and number of adverts that would be shown on the existing scrolling sign.
The movement or ability for the device to move subsequently defines the device as a Moving sign. The Advertising Devices Code identifies the proposed device as an inconsistent use and seeks that they are not located within the Noosa Shire. Additionally, contrary to the applicant’s submission, it should be noted that a ‘scrolling sign’ was never approved by Council and does not exist on the site.
Furthermore, Condition 121 of the existing Material Change of Use approval over the site states:
The approved signs must not revolve, move, contain moving parts, change its message, flash, have a moving or flashing border, or give the impression of movement in any way.
The proposed Advertising Device does not comply with the existing Material Change of Use condition outlined above.
The subject tenancy (7 Eleven) already has one illuminated sign associated to the business use. The Noosa Plan generally does not support more than one illuminated sign per tenancy, particularly when visible from the one street frontage, though the adjoining tenancy (KFC) was given approval for 2 x illuminated signs (1 x Pylon sign and 1 x Wall sign). The existing 7 Eleven illuminated pylon sign and the 7 Eleven petrol bowser canopy downlights appear prominent from the streetscape perspective. The illuminated parapet of the building also provides sufficient public identification of the 7 Eleven tenancy building at night time, any proposed additional illuminated signage on the site is considered to be excessive and unnecessary.
On this basis, the proposal is not supported as it is inconsistent with:
The Overall Outcomes of the Advertising Devices Code of The Noosa Plan, being that:
The proposed Advertising Device is not designed and integrated into the built form so as to minimise visual clutter;
The proposed Advertising Device has the potential to adversely impact on the visual amenity of the major road network;
The proposed Advertising Device has the potential to pose a hazard for pedestrians, cyclists or drivers of motor vehicles;
The proposed Advertising Device does not accommodate the legitimate need to provide directions and business identification in a manner that is consistent with achieving the overall outcomes of the code; and
Moving signs are not located in Noosa Shire.
The Specific Outcomes of the Advertising Devices Code of The Noosa Plan, being that:
Moving signs are inconsistent Advertising Devices and are not located in Noosa Shire;
The proposed Advertising Device has the potential to cause an environmental distraction; create glare, reflection or flaring colours; and create a potential safety hazard, including a traffic safety hazard; and
An advertising device does not move or incorporate elements that give the impression of movement.
The Probable Solutions of the Advertising Devices Code of The Noosa Plan, being that:
Illuminated Advertising Devices are limited to 1 sign per tenancy.
The total existing signage associated with the 7 Eleven tenancy equates to 3.44m2 (excluding the two 3.24m2 signs on the Pylon sign). As such, it should be noted the applicant may lawfully erect a non-illuminated and non-moving Wall sign at the proposed location without an application to Council.
draft local law
The draft planning scheme does not include provisions regarding advertising devices. It is proposed that both temporary and permanent advertising devices will instead be regulated under a local law. The proposed new local law would start at the same time as the new planning scheme.
The draft new local law is currently in public notification and it is intended to commence at the same time as the new planning scheme. The new local law includes an alternative for Window sign(s) to provide for the use of an LCD/digital screen, subject to Council approval and annual licence renewal. The Window sign advertising device may include the display of a maximum of 1 LCD/digital screen Window sign to a maximum size of 0.5m2, but the digital screen must not operate after 11.00pm or before sunrise on any day. In this instance, the proposed advertising device is greater than the maximum sign face area and is not located in a window.
It is also noted that Animated sign, Flashing sign, and Moving sign device types are otherwise prohibited under the draft Advertising devices local law. This would prohibit the sign which is the subject of this application.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council officers:
Nil
conclusion & REASONS FOR DECISION
The location of the proposed illuminated Moving sign is on the external wall of the existing tenancy and is viewable from the Eumundi Noosa Road roadway and other adjoining sites.
The proposed sign is a Moving sign which The Noosa Plan identifies as an Advertising Device which is not to be located in the Noosa Shire. On this basis, it is recommended the application be refused.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

[word/footer1.xml]
Page 9 of 10

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	9 JULY 2019

[Attachment: image2.png (image text)]
Out look Sketch

 

Front Side
Cabinet Sketch

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


[Attachment: image4.png (image text)]
 

 

Approved 5m illuminated Pylon
sign (tenancy sign - 3.24m2)

 

 

—

 

Proposed Moving sign
location (1.69m2)

 

 

 

 
  
  
    

‘Awning face signs (3.44m2
approx. total)