2023-02-07 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                7 FEBRUARY 2023


4    MCU19/0089.02 & OPW19/0160.02 – PLANNING & ENVIRONMENT COURT APPEAL
     NO. DB928/2022 – APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT
     APPROVAL FOR SERVICE STATION AND SHOP AND OPERATIONAL WORKS –
     SIGNAGE AT 54 MARY STREET, NOOSAVILLE


Author      Acting Manager Development Assessment, Patrick Murphy
            Environment & Sustainable Development

Index       ECM/ Application/ MCU19/0089.02 & OPW19/0160.02/ Case/DB928/2022 PKA
            Group Pty Ltd

Attachments      Nil


EXECUTIVE SUMMARY
This report reviews and recommends settlement of a current appeal with the Planning &
Environment Court against Council’s decision to refuse an application to change the permitted
operating hours from 5am to 4am of the service station and permit 4 round Helios lights located on
the canopy to be illuminated.
During the course of the appeal, the applicant provided a Noise and Lighting Amenity Report which
demonstrated that the proposed opening hours would not impact residents of the nearby
townhouses. The report also demonstrated that lighting of the Helios lights would not cause any
nuisance or visually impact on the surrounding area, given the extent of existing outdoor lighting
for the service station and their small size.
It is therefore recommended that the appeal be settled, with a number of conditions to be amended
to reflect the proposed changes to the development approval.
RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 7 February 2023 regarding Planning & Environment Court
Appeal No. DB928/2022 and agree to settle the appeal generally in accordance with the following
changes to the development approval:
A.      Amend conditions 5, 103 and 105 to read as follows:
     5.     The approved use must not operate outside the hours of 4am to 10pm.
     103. Advertising devices undertaken in accordance with this approval must generally
          comply with the approved plans of development. The approved plans are listed in the
          following table unless otherwise amended by these conditions.

             Plan No.      Rev.   Plan/Document Name                                  Date

             A-7001        7      Signage Elevations, prepared by V Architecture      20.12.2021

     105. This approval authorises the following signs as defined by the planning scheme and
          shown on the Approved Plans. In this regard the plans must be amended to reflect the
          following:
            a.   The pylon sign must be setback at least 1.50 metres from the front boundary
            b.   Each side of the pylon sign must not exceed a total of 4m2 of signage
            c.   A maximum of one pylon sign (S6) and 4 Helios signs on the canopy with band
                 (S1) are permitted to be illuminated for the site.


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