2023-02-07 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               7 FEBRUARY 2023


REPORT
On 17 March 2022, Council at its Ordinary meeting resolved to refuse an application to change the
permitted opening hours of the service station from 5am to 4am and permit illumination of 4 BP
Helios signs on the awning facia for the following reasons:
1.   The proposed change does not constitute a minor change to the development approval as
     the change in hours will increase the severity of known amenity impacts and likely attract
     further submissions objecting to the change were the application to be publicly notified given
     the site’s proximity to residential properties.
2.   The proposed trading hours do not comply with Overall Outcomes 2 (d) & (h) and
     Performance Outcome PO11 & PO24 of the Business Activities Code as the proposed hours
     will adversely impact on nearby resident’s amenity.
3.   The proposed trading hours do not comply with Overall Outcome 2(m) and Performance
     Outcome PO42 of the District Centre Zone Code as the proposed change in hours will impact
     the amenity of nearby residential premises as nearby residents would not reasonably expect
     the service to be operational at this time.
4.   The proposed illuminated signage does not comply with Specific Outcome AO7 and Overall
     Outcome O7 of the Advertising Devices Code within the Noosa Plan 2006 as it proposes
     more than one illuminated sign and is not compatible with the visual amenity of the
     surrounding area.
5.   The proposed additional illuminated signage is not consistent with provisions of the Local
     Law signage requirements as the proposal exceeds the maximum number of signs permitted
     to be illuminated and is prohibited by the Local Law.
Council also resolved at the meeting to:
•    request the CEO to convene a Councillor workshop for Councillor’s, to allow the review and
     further discussion, regarding the signage laws, and associated policies and
•    request the CEO to, if necessary, provide a report to a future Council meeting outlining any
     changes, updates or improvements to signage laws and policies, as may be proposed at the
     Councillor workshop.
A workshop was subsequently held with councillors in August 2022 which provided an overview of
the local law signage requirements and opportunities for discussion on the provisions. There were
no changes, updates or improvements to the signage laws identified as required at this workshop.
As a result of Council’s decision to refuse the application, the applicant lodged an appeal to the
Planning & Environment Court seeking that the minor change to the development approval be
approved.




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