MCU14/0102.07 Material Change Of Use And Operational Work Minor Change Application And OPW17/0570 Superseded Planning Scheme Request For Operational Works Signage At 139 Eumundi Noosa Road, Noosaville

mcu14/0102.07 Material Change of Use and operational work minor change application and opw17/0570 superseded planning scheme request for operational works signage at 139 eumundi noosa road, noosaville

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development

Index	ECM/Application/MCU14/0102.07

Attachments	1.	Sign Proposal
2.	Examples of existing illuminated pylon signs located on 	roundabouts in the Noosa Shire as of 21 November 2017

APPLICATION DETAILS
Applicant	Inline Property Development Pty Ltd
Proposal	Material Change of Use and Operational Work – Minor Change Application; and Superseded Planning Scheme Request for Operational Works – Signage (The Noosa Plan, 16 September 2013)
Properly Made Date	1 November 2017
Information Request Date	Not applicable
Information Response Date	Not applicable
Decision Due Date	27 November, extended to 22 December 2017
Number of Submissions	Not applicable for these applications. Original MCU – 14 submissions.
PROPERTY DETAILS
Property Address	139 Eumundi Noosa Rd Noosaville Qld 4566
RP Description	Lot 2 SP294726
Land Area	5196.88m2
Existing Use of Land	Lot 1 & 2 SP294726 has been developed containing a service station, convenience store and restaurant, industrial and warehouse type uses with associated car parking and signage.
STATUTORY DETAILS
SEQRP Designation	Urban footprint
Locality	Noosaville Locality
Zone	Industry zone
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 December 2017 and:
A.	Refuse Application MCU14/0102.07 for a Development Permit for Material Change of Use - Change to Development Approval, situated at 139 Eumundi Noosa Rd Noosaville for the following reasons:
1.	The proposed sign does not comply with the Overall Outcomes of the Advertising Devices Code.
B.	Refuse a Request to Accept, Assess and Decide a development application (The Noosa Plan, 16 September 2013) Development Application for Operational Works – Signage, (OPW17/0570) situated at 139 Eumundi Noosa Rd Noosaville for the following reasons:
The proposed sign does not comply with the Overall Outcomes of the Advertising Devices Code;
The proposed sign detracts from the desirable characteristics of the part of the site in which it is located;
The proposed sign is inconsistent with other signs in the Noosa Shire.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
D.	Request that the applicant remove the existing concrete mount on the Walter Hay Drive frontage.

REPORT
PROPOSAL
The applicant submitted 2 applications that are intrinsically linked. A superseded planning request to assess a Development Application for Operational Works – Signage was received 25 October 2017, followed by a request to change a development approval on 30 October 2017.
Material Change of Use and Operational Works – request for a Minor Change
The applicant requests that Condition 114 (b) of the Development Permit for Material Change of Use and Operational Work for Signage (MCU14/0102) be deleted to remove the provision prohibiting a pillar sign on the Walter Hay Drive frontage. The condition currently reads:
114. This approval authorises the following signs as defined by the planning scheme and shown on the Approved Plans. In this regard
a. 	two (2) freestanding pillar signs fronting the Eumundi Noosa Road to a maximum height of 5m
b. 	no pillar sign is permitted along the Walter Hay Drive frontage
c. 	tenant 1, 2, 3, 4 and 5 (as described on the approved plans) wall signs must not exceed a single sign face area of 4m² and a maximum total sign face area of 10m² each
d.	three illuminated signs are permitted facing (or viewed from) Eumundi Noosa Road frontage, being 2 freestanding pillar signs and one wall sign located on the tenancy of the Entertainment and Dining business
Superseded Planning Scheme Request – Operational Work - Signage
Pursuant to Section 29 of the Planning Act 2016, the applicant has requested that a proposal for a freestanding pylon sign be accepted, assessed and decided under the Noosa Plan (16 September 2013).  The applicant proposes to erect a 5 metre illuminated freestanding pylon sign fronting Walter Hay Drive. Refer to Figure 1 – Proposed location of sign, Figure 2 – Proposed sign and Figure 3 – Proposed illuminated sign – rendering.

Figure 1 – Proposed location of sign (identified by red star)
Figure 2 – Proposed sign

Figure 3 – Proposed illuminated sign – rendering

site details
The applications have been made over Lot 2 SP294726, which has frontage to Eumundi Noosa Road, Lionel Donovan Drive and Walter Hay Drive. Refer Figure 4 – Subject lot for this application. Lot 1 SP294726 adjoins this lot and both sites have been developed in accordance with the existing approval over the site (MCU14/0102 and subsequent changes to the approval).

Figure 4 – Subject lot for this application
Background
A Material Change of Use was approved in 2015 (MCU14/0102) over Lot 1 & 2 SP294726 for a mixed use development as follows:
Service station
Convenience store
Restaurant
Retail, industrial and warehouse type uses
Associated car parking and signage.
The site was developed in 2016 and all tenancies have since been filled. At the time, the original application was publicly notified, 14 properly made submissions were received (1 objection and 13 in support). The objection was primarily concerned with car parking, traffic generation, fuel storage and the financial viability of existing food outlets.
Changes to this approval are detailed as follows:
MCU14/0102.01 - On 24 September 2015 Council approved a change to the approval which primarily consisted of including a vehicle drive through to the rear of the food outlet and minor changes to floor areas and car parking.
MCU14/0102.02 - On 23 October 2015, Council approved a change to the approval to remove Retail Business Type 6 – Hardware Store from the Material Change of Use approval.
MCU14/0102.03 - On 14 March 2016, Council approved a change to the approval for minor built form alterations to the entertainment and dining business use and to relocate one pylon sign from Walter Hay Drive to Eumundi Noosa Road and change approval to locate 3 illuminated signs facing Eumundi Noosa Road.
MCU14/0102.04 - On 26 August 2016, Council approved a Material Change of Use to include a showroom within the commercial complex.
MCU14/0102.05 – On 21 March 2017, Council approved a request to make a change to the existing approval, to include Retail Type 6 Hardware affecting Shop 1 & 2.
MCU14/0102.06 – On 12 July 2017, Council approved a request to make a change to the existing approval, to include additional floor area of 67m2 constructed as a mezzanine level within the existing Trade Tools tenancy.
The current approval (MCU14/0102 & OPW15/0051) allows for 2 illuminated pylon signs with a maximum height of 5 metres on the Eumundi Noosa Road frontage and smaller one (not illuminated) on the Lionel Donovan frontage. These signs are existing.
The applications discussed in this report relate only to Lot 2 SP294726 as shown in Figure 4 – Subject lot for this application.
Council’s compliance officer attended the site on 9 August 2017, after a truck was noticed carrying a large pylon sign on the Walter Hay Drive frontage of the subject site. At that time that there was no permit to undertake any work on the road reserve and no planning approval for Operational Works - Signage. Upon the advice of the Council officer, the truck then left the site.
Sign mount and fixtures (for the future desired sign) are existing and it is not clear when these were constructed however may have been constructed at the time the site was developed.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The State Planning Policy has been deemed by the Minister for Local Government and Planning as appropriately reflected in the Planning Scheme and therefore does not warrant a separate assessment.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Act Regulation 2017 for the SEQ Development Area.
Statutory Instruments – Planning Scheme
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Industry.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of the assessment are discussed below.
Material Change of Use and Operational Works – Minor Change to the Development approval
The applicant is requesting a minor change that seeks to delete Condition 114 (b) of the existing approval that currently prohibits a pillar sign on the Walter Hay Drive frontage, as shown in the proposal section (section 1) of this report.
Superseded Planning Scheme request
Pursuant to Section 29 of the Planning Act 2016, the applicant has requested that a proposal for a freestanding pylon sign be accepted, assessed and decided under the Noosa Plan (16 September 2013). The applicant proposes to erect a 5 metre illuminated freestanding pylon sign fronting Walter Hay Drive and set back approximately 0.8-1.0 metre from the boundary.
The Superseded Planning Scheme allowed 1 pylon illuminated sign per frontage (as in road frontage). Council amended the Advertising Devices Code on 28 October 2016. The amended code only permits 1 sign per site, thus restricting the ability for a site with multiple frontages to have 1 pylon illuminated sign on each frontage. This site (2 lots) has frontage to 3 roads.
The proposed sign is defined as a Medium Impact sign under the Superseded Code and Code assessment is required. The proposed sign is also Code assessable under the current Planning Scheme. The below table outlines, the applicants view of the overall outcomes and a Council officer’s assessment.
Assessment – Under the Superseded Planning Scheme - Advertising Devices Code (16 September 2013)
The proposed sign is defined as a Medium Impact sign under the Advertising Devices Code and is Code assessable. Compliance with the Code is outlined and discussed as follows:
Summary of Overall Outcomes under the Code – Advertising Devices:
Overall Outcomes	Applicants Comments	Officers Comments
Complement and do not detract from the desirable characteristics of the natural and built environment;	The advertising device is proposed to be exhibited in an environment which is characterised by commercial buildings and extensive signage and branding. Therefore the signage is considered to be consistent with the character of the built environment in this location.	It is acknowledged there are pylon signs on Eumundi Noosa Road. However, the intent for this part of the site (with prominent frontage to main roads) is that landscaping should be the dominant feature other than the built environment.
Designed and integrated to minimise visual clutter;	The proposed advertising device is to be located in close proximity to Eumundi Noosa Road which has a number of other similar pylon signs providing for good integration to the existing character.	The developed site already has 2 illuminated pylon signs fronting Eumundi Noosa Road and 1 pylon sign on Lionel Donovan Drive. The proposed signage would contribute to visual clutter, especially when viewed from the north along Eumundi Noosa Road.
Do not detract from the visual amenity of the major road network;	The advertising device is consistent with the character of the surrounding area which does not have a high rural or residential amenity. As signage element which is consistent with the commercial nature of this area the proposed signage is not considered to detract significantly from the visual amenity of the road network in the proposed location.	The sign is located on a roundabout that connects two major roads (Eumundi Noosa Road and Walter Hay Drive). The proposed sign is prominent on the roundabout of 2 major roads and is situated in front of existing vegetation. Refer Figure 3. It is important to note that Walter Hay Drive does not have any existing pylon illuminated signs, but has 1 pylon sign associated with a school. There are no examples of pylon/illuminated signs on roundabouts that advertise multiple tenancies within a site. Although, in similar comparison, there are 3 pylon/illuminated signs associated with petrol identities and prices. There are also a few smaller freestanding signs. Refer to Attachment 2 – Examples of illuminated pylon signs in Noosa Shire
Safely constructed and secured – not creating a hazard.	The sign is to be constructed from vacuum formed acrylic and will be securely anchored into a base slab and fabricated by a reputable fabricator. Therefore the device is considered to be safely constructed and obscured.	The site has an existing concrete hardstand area with anchor points that would secure the proposed sign.
The following Specific Outcomes of the Advertising Devices Code are relevant to the assessment of this application:
Specific Outcome O1 states: The following advertising devices are inconsistent with the overall outcomes sought by this Code and are not located in the former Noosa Shire-
balloons or other gas filled advertising devices;
Blind signs;
Attached Flagpole signs;
Moving signs;
Roof signs;
Signs illuminated by, or incorporating, neon lighting;
Signs with a sign face area exceeding 4m2;
Sky signs;
3-Dimensional signs;
Any combination of signs on one premise with a combined sign face area of more than 10m2
2.	Specific Outcome O2 as follows, Advertising Devices:
a) 	are compatible with the human-scale and character of the locality in which they are situated;
b)	are compatible with the scale, proportion, bulk and other characteristics of buildings, structures and landscaping; and
c)	are designed, sited and integrated so as not to contribute to the proliferation of visual clutter.
3.	Specific Outcome O6 states: Advertising devices respect the scale and nature of surrounding development and contribute positively to the visual amenity, streetscape, landscape setting and natural and built environment of where the advertising device is placed.
Applicant’s comments regarding the areas of non-compliance
The applicant has submitted a visual assessment (Refer Attachment 1 - Sign Proposal) which has specifically addressed Specific Outcome O1. In summary the applicant concludes that the proposed sign:
At 5m in height is consistent in size and character of other signage along Eumundi Noosa Road near the proposed location;
Is not out of scale with the 10m high building behind or tall vegetation;
Is sited around the corner from other similar signage in this location assisting in reducing the proliferation of visual clutter along Eumundi Noosa Road.
The applicant also advises:
The proposed signage is consistent with the scale of the built form and use of the site. The proposed signage is consistent with the surrounding commercial streetscapes and built environment. The proposed sign is the only sign along the North Eastern frontage. Professionally constructed the sign maintains the generally high level of presentation of signage in this locality.
Council officer’s assessment:
Three (3) pylon signs are already approved on site (2 of which are illuminated). The proposed sign does not comply with the maximum 4m2 sign face area. The sign is proposed to be 5m high and 1.8-2.0m wide, resulting in a sign face area of approximately a 9m2 sign face area. It is estimated that the total sign face area pertaining to the existing and approved pylon signs is approximately 16m2.
Existing wall signs also currently exceed the total sign area per site of 10m2. In total, it is estimated that approximately 42m2 of total sign face area is approved over the developed site. The total sign face area approved on site exceeds the limit of 10m2 of total sign face area required under the Code and thus do not comply with Specific Outcome O1. Further approvals for signage, particularly one that is 9m2 is considered excessive.
The current approval allows for 2 pylon signs on the Eumundi Noosa Road frontage and prohibits a pylon site on the Walter Hay Drive frontage.  With regard to the two approved illuminated pylon signs on Eumundi Noosa Road, it was deemed at the time of the original approval that any more illuminated signs relating to the site would adversely impact visual amenity from Eumundi Noosa Road, particularly at night time. Any additional illuminated pylon signs or additional signage will be in direct conflict with Specific Outcome O1 & O6.
Although the applicant’s position that the proposed sign is not out of scale with the existing concrete wall behind the proposed sign is somewhat valid, on balance it is not considered compatible with the streetscape, surrounding land uses, buildings or existing landscaping, which is intended to be the dominant feature in this location.
The intent for this part of the site is that landscaping be the dominant feature, especially once the existing vegetation matures. The sign is proposed in front of the wall and would negatively impact and detract from the landscaping and the aesthetics attributed to the embellishment of the wall. The proposed sign will not complement this area. Refer Figure 3 – Proposed illuminated sign – rendering. An additional sign will result in a ‘proliferation of visual clutter’ in the area, which is further exacerbated being situated on a roundabout.
The proposed sign results in a large illuminated sign at the end of Walter Hay Drive and in a prominent location on a major roundabout where two major roads intersect. The positioning may also be distracting for motorists navigating the roundabout. It is important to note that there are very few examples of illuminated pylon signs in Noosa and no examples found to be in the same context as the proposed sign (promoting multiple tenancies).
The plans indicate that the sign is setback approximately 1.1-1.2 metres from the front boundary. There are no setback provisions under the superseded code. However, the existing code provision requires a setback that is half the amount of the height of the sign. If assessed under the current version of the Code, the sign (and mount) would need to be setback 2.5 metres from the front boundary to comply with the relevant Probable Solution.
cONSULTATION
Referral Agencies
The application was not referred to any Referral Agencies.
Other Referrals
Not applicable
conclusion & REASONS FOR DECISION
The proposed sign does not comply and cannot be conditioned to comply with the Overall Outcomes of the superseded Advertising Devices Code (2013) and is recommended for refusal. Any additional illuminated pylon signs or additional signage will be in conflict with Specific Outcomes O1 & O6 and does not comply with the Overall Outcomes of the superseded Code.
The location of the proposed sign is prominent on a roundabout where 2 major roads intersect.  The intent of this part of the site is for the vegetation to mature and be the dominant feature. Further, there are no other examples in the Noosa Shire of an illuminated pylon sign advertising multiple tenancies.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service		Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 DECEMBER 2017

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