Delegated Report - Code - Planning OPW18 0163 · OPW18/0163

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	OPW18/0163
Development Approval	Development Permit for Operational Work - Signage
Applicant	Denmac Nominees Pty Ltd TTE
Representations Received On	11 October 2018
Number of Submissions for Original Application	Not applicable

PROPERTY DETAILS
Property Address	140-142 Eumundi Noosa Rd Noosaville Qld 4566
RP Description	Lot 2 RP 173876
Land Area	2428 m²
Existing Use of Land	Service Station

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazard overlay – Acid Sulphate soils
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Operational Work - Signage was issued on 3 September 2018.
The applicant suspended the appeal period and made representations on 11 October 2018 to the development approval conditions. The representations are detailed below but primarily relate to 4 conditions relating to existing signage.

assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 7
The 4 spreader ‘Quality Fuels’ signs (non-illuminated) are not approved (as annotated on the approved plans) and must be removed within 6 weeks from the date of this approval.
Applicant’s Representation
The inclusion of the Spreader signs (identified as S2 on plans) is part of Shell’s national branding and site appearance strategy. It is noted that other Shell service stations in the Noosa area do include these features, without detrimental impacts the streetscape.
These examples are in streetscapes that represent, compared to the Eumundi Noosa Road site, more sensitive environments, and are in residential zones rather than industrial zones. The Tewantin site is adjacent to low set residential uses, and is near parkland. The Noosa Heads example is similarly nearby residential uses and is close to a highly pedestrianised shopping precinct. Both these areas exhibit arguably more attractive streetscapes than the largely industrial one at Eumundi Noosa Road.
It is also noted that the orientation of spreader signage at Eumundi Noosa Road is perpendicular to the road frontage, in contrast to those at the example sites above. This provides for a lower impact on the streetscape, when viewing the site directly.
Assessment of Representation
The extent of the signage does not comply with the Probable Solutions of the Advertising Devices Code where a total of 10m2 total sign face area is allowed for any one site. The original assessment of the proposed signage concluded that the spreader signs not only added to the total sign face area to the site, but also contributed to visual clutter on site.  The sign face area of the 4 spreader signs total 6.4m2.
Some analysis on other service station sites has found that:
The Caltex at Noosa Heads site, had spreader signs approved in 2011, but the site is some distance from this particular site.
The Caltex at Tewantin has no approval for any signs on site (including existing spreaders) and this site has yet to be audited.
The 7-Eleven on Eumundi Noosa Road (opposite this site) has spreader signs, although there is no evidence these have been approved.
Spreader signs were not proposed/approved for the Freedom service station (yet to be constructed).
The applicants reasoning is that this is their branding is justification for support for the signs. This is not deemed sufficient justification for increased signage in the planning sense. The fact that the signs align perpendicular to the road as pointed out by the applicant does not minimise the clutter when viewed going towards the site. There are also numerous operational signs (not advertising) on site in addition to those signs already approved.  The spreader signs contributes to visual clutter on site. For these reasons, the inclusion of the spreader signs in the existing approval is not supported.

Conditions 10 & 11
10	No illumination of the stripes is allowed on the canopy face.
11	No illumination of the ‘Shell’ fascia and Night Owl sign is allowed.
Applicant’s Representation
Illumination of the fascia strip, fascia sign and for the Night Owl wall sign are important aspects of the site’s operation as a 24-hour service station and convenience location. These comprise aspects of the national branding for both tenants.
The Advertising Devices Code Acceptable Solution S7.1 seeks that 1 illuminated sign per tenancy is proposed. It is noted that the site technically hosts 3 tenants, being the service station, the Night Owl shop and a bakery. In total, the Pylon, fascia stripes and sign the Night owl sign technically comprise 4 illuminated signs. However, the fascia stripes and Shell fascia sign together comprise an integrated element, and could be considered 1 advertising device. The proposal would meet the Acceptable Solution requirement of 1 illuminated sign per tenancy, under this circumstance.
Further to this, signs achieve a low-light spill and there are no adjoining sensitive uses able to be adversely affected. The illumination of signage is not likely to be incompatible with the largely industrial streetscape. The applicant is not aware of any complaints regarding the effects of lighting since the illuminated signs have been in operation. Illumination should therefore be considered to meet Specific Outcome 7 of the Advertising Devices Code in full.
Assessment of Representation
Condition 10 – canopy illumination
A more recent approval for another service station (MCU17/0572) did not support illumination of the canopy which is also consistent with that of the 7-Eleven service station across the road. These are more recent approvals. However, the Noosa Heads Caltex received approval for the red strip to be illuminated. This approval was issued in 2011, but this site is far removed from the site subject to this application.
The canopy is brightly coloured by day and by night it stands out given the service station’s forecourt is well lit with essential lighting.  The additional illuminated signage is not considered necessary and given other service stations are prohibited from canopy illumination, non- illumination is considered to be consistent with other service stations. Additionally, illumination of a large structure is considered excessive and is not compatible with the visual amenity of the area as identified in O7 a) of the Advertising Devices Code in Noosa Plan.
Therefore, the applicant’s request is not supported, with Condition 10 remaining as it is currently.

Condition 11 – facia signs (Shell and Night Owl)
The service station is well lit at night and non-illuminated signs can still be seen quite well. No illuminated facia signs have been approved for the 7-Eleven Service Station opposite this site or for the recently approved Freedom Fuels station on Eumundi Noosa Road.
One of the 2 facia Shell logos are illuminated for the Noosa Heads Caltex which is in accordance with the approval. This approval was issued in 2011, but this site is far removed from the site subject to this application.
One illuminated pylon sign is already approved on the site which is consistent with the Advertising Devices Code. Consistent with the code, additional illumination on site will unduly dominate the visual landscape. For these reasons, the applicant’s request is not supported, with Condition 11 remaining as it is currently.
Condition 14
14	Sign illumination must be switched off between 11:00pm and sunset of the following day or during service station trading hours.
Applicant’s Representation
The Material Change of Use approval for the proposed uses allows for 24-hour operation. Illumination of signage for the entire period of operation is necessary to identify that the businesses are open. The description of signage at Section 4 of the Town Planning report is consistent with the site’s 24-hour operation. While the relevant acceptable solution of the Advertising Devices code seeks signage to be switched off between 11:00pm and sunset, the proposed illumination can meet the Specific Outcome for Conditions 10 and 11. Therefore, it is requested that the condition be amended to reflect this for the purpose of clarification as follows: Sign illumination must be switched off outside of approved services station or shop use trading hours.

Assessment of Representation
The existing condition allows for illumination of the pylon sign. The Caltex service station at Noosa Heads, Freedom service station at Eumundi Noosa Rd (MCU17/0572) have the same condition. The 7-Eleven Service Station site allows for illumination the pylon sign during trading hours which is 24 hours.  The applicants request for allowing for illumination during trading hours seems reasonable.  The site is also located in an industrial area.  It is therefore considered reasonable to amend the condition as suggested by the applicant.
conclusion & reasons for decision
The applicant seeks further signage from that already approved. This would add to the visual clutter along this major road and additional illumination would dominate the existing building and area.
RECOMMENDATION
With regard to Application No. OPW18/0163, and the representations made, Council on 3 September 2018 decided to:
A.	Agree to amend conditions 14 to read as follows:
14. Sign illumination must be switched off outside of approved services station and/or shop use trading hours.
B.	Refuse to change Condition 7, 10 & 11 for the following reasons:
Additional illumination from that already approved is considered excessive and is not compatible with the visual amenity of the area (and major road network) and will unduly dominate the visual landscape as identified in the Advertising Devices Code in Noosa Plan.
Additional signs to those already approved will contribute to visual clutter (on a site located on a major road) as identified in of the Advertising Devices Code in Noosa Plan.

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