2023-02-07 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  7 FEBRUARY 2023


The proposed illumination of signage whilst will result in more than 1 illuminated sign for the service
station contrary to the Probable Solution S7.2, will not impact the visual amenity of the surrounding
area given the extent of outdoor lighting for the service station. It will also not create a nuisance,
glare or a traffic safety hazard and therefore is considered to reasonably meet O7 of the Advertising
Devices Code. Further, while the proposed lighting would be contrary to the local law, the
application to change the development approval which included an Operational Works approval
for advertising devices, is able to be lodged, assessed and decided by Council under the Noosa
Plan 2006.
The relevant probable solutions and specific outcomes of the Advertising Devices Code under the
Noosa Plan 2006 are included below for Council’s reference.
S7.1 Illuminated signs are not located in a Residential Zone, Rural Zone or Open Space
Conservation Zone.
S7.2 Where the advertising device is illuminated, it:-
      a) has a maximum luminance of 350 candelas per m²;
      b) does not incorporate flashing lights;
      c) is switched off between 11:00pm and sunset of the following day; and
      d) is limited to 1 sign per tenancy.
O7 An advertising device only incorporates illumination and lighting where it:-
      a) is appropriate to its setting and is compatible with the visual amenity of the surrounding
      area;
      b) does not cause an environmental nuisance or distraction;
      c) does not create glare, reflecting or flaring of colours; and
      d) will not create a potential safety hazard, including a traffic safety hazard.
Council’s consultant for this appeal has reviewed the Noise and Lighting reports and concludes
the following:
The revised assessment considered lighting impacts associated with the Helios sign at the northern
boundary (which was not previously assessed) and an assessment of headlight impacts for nearby
receptors. Based on a review of the information provided, …the consultant… is comfortable that
the assessment undertaken is suitable to support the approval of the development on lighting
grounds.
Similarly for noise, the report in my view, provides sufficient information to support the approval of
the application.
It is therefore recommended that the appeal be settled, with a number of conditions amended to
reflect the proposed changes to the development approval. The proposed changes can now be
considered minor under the Planning Act 2016 given the additional information clearly
demonstrates no impacts for residents nearby.
Previous Council Consideration
Ordinary Meeting, 17 March 2022, Item 4, Page 12
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 8 March 2022 regarding MCU19/0089.02 and OPW19/0160.02 to make a minor
change to an existing approval for Material Change of Use - Retail Business - Type 2 Shop &
Salon, Retail Business - Type 5 Vehicle Uses and Operational Works – Signage situated at 52-54
Mary St Noosaville and:
A.    Refuse the change 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.


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