Town Planning Report - 12 Eenie Creek Rd (RESOLVED DRAFT)

Second, the proposal generates no material additional impact over the lawful use. As set out at section 8,
the change from the lawful industry and bulk storage use to a showroom generates between zero and one
additional car parking space of statutory demand. Traffic generation is lower than the lawful use, not higher:
an appointment based sales operation generates fewer vehicle movements than an operating industrial and
bulk storage premises. There is no increase in building height, no material increase in site cover beyond
the enclosure of an existing carport, no change to access, and no industrial emissions, noise or hours of the
kind the zone contemplates.

Third, the character of this street already accommodates showrooms, with Council's approval. Council
approved application 21696 in 2001 for a Showroom for fish and boat equipment at 10 Eenie Creek Road,
on the lot immediately adjoining the subject site. That application was impact assessable, was publicly
notified, and was approved by development permit on 8 November 2001 with a negotiated decision on
15 January 2002. Council also approved TC 912 in October 1995 for three showrooms at 18 Eenie Creek
Road, on land which remains in the Medium Impact Industry zone. Both approvals were granted under the
previous planning scheme and neither binds Council. They are relied on not as binding precedent but as
evidence of the character of this street: a showroom use in this location is not incompatible with the uses
generally expected here, which is the statutory test the inconsistent use categorisation invokes.

Fourth, the proposal improves the streetscape. The existing frontage is replaced with a glazed curtain wall,
and screen hedging and a garden bed are introduced to the side boundaries at the frontage. The Noosaville
Local Plan seeks improved presentation of the service industry frontages, and the proposal delivers it.

Fifth, the site and building are retained in a form capable of reverting to an industrial use. Warehouse, low
impact industry and medium impact industry uses are accepted development in this zone where carried
out within an existing building without expansion of the use area. The industrial capability of the land
is therefore not lost, and no permanent reduction in the shire's industrial land supply results from this
approval.

Sixth, the proposal delivers an economic benefit through the productive re-use of an existing building, the
retention of employment on the site, and investment in the physical fabric of the premises, without any
call on public infrastructure.

Seventh, and addressing the matter directly, the existence of the Lionel Donovan Drive Auto Precinct does
not preclude approval here. That precinct identifies where vehicle sales showrooms are anticipated as of
right through code assessment. It does not provide that such a use is prohibited elsewhere, and the Noosa
Plan 2020 contains no prohibited development. Table 5.5.10 expressly contemplates a showroom on this
frontage, subject to conditions as to scale and trade orientation, which demonstrates that a showroom
on the Eenie Creek Service Road is not foreign to the drafters' intention for this land. What the impact
assessable pathway requires is that the particular use be shown to be appropriate on its merits in this
particular location, and the grounds above address that question. The relevant comparison is not between
this site and the auto precinct, but between this proposal and the uses generally expected on this street,
which include showrooms Council has itself approved.

14       SECTION 14



         Infrastructure and services