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3. Planning Report_14124
Attached to the e-mail MCU14/0102 Development Application Part 1 of 4 Cover letter, IDAS Forms App A Survey plan, App B Land use Survey, App C Pre-lodgement Minutes, App D Proposal Plans.
• TOWN PLANNING
• LANDSCAPE ARCHITECTURE
• ENVIRONMENTAL
(07) 5443 5566 • LIQUOR LICENSING
[email protected]
Application MCU: IB2, IB1,
RB6, RB5, RB2 &
EDB1
Applicant: Empirica Developments
Pty Ltd
Proposal: MCU: IB2, IB1, RB6, RB5,
RB2 & EDB1
Location: 139 Eumundi Noosa Road
& 30 Lionel Donovan
Drive, Noosaville
RPD: Lot 4 on SP159610 & Lot
31 on SP170751
Area: 7,740m2
DFS Ref: 14124
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Page 2
Table of Contents
EXECUTIVE SUMMARY ...........................................................................3
1.0 INTRODUCTION .......................................................................6
2.0 SUBJECT SITE ............................................................................7
2.1 Site Locality .................................................................................................. 7
2.2 Surrounding Land Uses ............................................................................... 9
3.0 PROPOSED DEVELOPMENT ....................................................11
3.1 Application Type ...................................................................................... 11
3.2 Prelodgement Advice ............................................................................. 11
3.3 The Proposal .............................................................................................. 11
3.4 Technical Aspects .................................................................................... 13
4.0 STATUTORY TOWN PLANNING ASSESSMENT.........................16
4.1 Sustainable Planning Act 2009 ............................................................... 16
4.2 State Planning Interests ............................................................................ 16
4.3 Noosa Plan................................................................................................. 17
5.0 CONCLUSION ........................................................................27
FIGURES
Figure 1: Locality Plan
Figure 2: Aerial Image of Site
Figure 3: Aerial Image of Site with Adjoining & Surrounding Uses
Figure 4: Photo of Site Showing Informal Parking
Figure 5: Zone Map Extract
APPENDICES
Appendix A: Detailed Survey
Appendix B: Land Use Survey
Appendix C: Prelodgement Meeting Minutes
Appendix D: Proposal Plans
Appendix E: Traffic Impact Assessment Report
Appendix F: Landscape Concept Plan
Appendix G: Stormwater Management Plan
Appendix H: Engineering Services Report
Appendix I: SPP Code: Water Quality
Appendix J: Economic Needs Report
Appendix K: Local Code Response
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REPORT SUMMARY
Development Permit for Material Change of Use for Industrial Business Type 2 – Production,
Alteration, Repackaging & Repairing, Industrial Business Type 1 – Warehouse, Retail Business
Type 6 – Hardware Store, Retail Business Type 5 – Vehicle Uses, Retail Business Type 2 – Shop &
Salon & Entertainment and Dining Business Type 1 – Food & Beverages at 139 Eumundi Noosa
Road & 30 Lionel Donovan Drive, Noosaville
Development Application
Applicant: Empirica Developments Pty Ltd
Consultants: DFS Group (Town Planning and Landscape)
Powe Architects (Design)
Hyder Consulting (Civil Engineering)
Pekol Traffic & Transport (Traffic Engineering)
Urban Advisory - Warwick Powell (Economic)
Skyline Surveyors – (Detailed Site Survey)
Proposal: Development Permit for Material Change of Use for Industrial Business
Type 2 – Production, Alteration, Repackaging & Repairing, Industrial
Business Type 1 – Warehouse, Retail Business Type 6 – Hardware Store,
Retail Business Type 5 – Vehicle Uses, Retail Business Type 2 – Shop &
Salon & Entertainment and Dining Business Type 1 – Food & Beverages
Site Description
Location: 139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
RPD: Lot 4 on SP159610 & Lot 31 on SP170751
Area of Land: 7,740m2
Existing Use: Tradelink plumbing supplies, various vehicle mechanic related
tenancies, Wholesale car sales and vacant land
South East Queensland Regional Plan 2009-2031
Land Use Category: Urban Footprint
Noosa Plan 2006
Locality: Noosaville
Zone: Industry
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EXECUTIVE SUMMARY
Empirica Developments Pty Ltd has submitted a Material Change of Use application to the
Noosa Council over land at 139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville,
for the following range of uses:
Industrial Business Type 2 – Production, Alteration, Repackaging & Repairing;
Industrial Business Type 1 – Warehouse;
Retail Business Type 6 – Hardware Store;
Retail Business Type 5 – Vehicle Uses (service station);
Retail Business Type 2 – Shop & Salon (service station shop); and
Entertainment and Dining Business Type 1 – Food & Beverages (tradie’s café).
The proposal has been designed as an integrated scheme over the subject land and will
comprise 3 standalone buildings with various tenancies. The total proposed GFA of the
development is approximately 2,617m2 with the majority of the floor area (approx. 91%)
being allocated to ‘consistent’ uses within the Industry Zone. The remaining GFA is allocated
to two complimentary uses which are listed as ‘inconsistent’ under the Noosa Plan and which
lift the level of assessment of the application to Impact Assessable.
In regard to the consistent uses, the proposed development has been found to be largely
compliant with the planning scheme and supportive of the site’s Industry zoning. A small
number of code non-compliances have been discussed with this report and determined to
be appropriate in the context of the site and the proposal.
In regard to the inconsistent uses, the proposed shop (which is a standard and
complimentary component of a modern service station), is of a minor scale at
approximately 4% of the total GFA proposed. This assessment finds that the shop
component is appropriate and compatible with the main components of the development.
Further, an economic study of the proposal has found that the proposed shop will not
impact on existing retailers and rather, it will benefit the community in terms of filling a local
convenience need.
In relation to the ‘tradie’s café’ component of the proposal, it is also a minor element of the
development at approximately 5% of the total GFA. It too is considered to be appropriate
and compatible with the main components of the development and complimentary to the
principal activities within the Noosaville Industrial Estate. Amongst other things, the
economic report found that there is a clear lack of food options within the industrial estate
but particularly in the Lionel Donovan Drive precinct. At present, there are some 46 existing
businesses with an estimated 300+ employees which currently do not have a convenient
food option. It is also noted that this precinct is yet to be fully developed so the number of
workers in this precinct alone will continue to increase. The proposal will fulfil this demand.
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Furthermore, this analysis of the key planning scheme provisions shows that the inclusion of
the inconsistent uses would not undermine the core aims and intent of the planning scheme,
and that there are considered to be sufficient grounds to approve the application despite
their inclusion.
The key grounds in support of an approval of this application include:
the majority of the proposal includes consistent uses that are appropriate in the Industry
Zone and are suitable on this site;
an assessment of the proposal against the relevant planning scheme Desired
Environmental Outcomes (DEO) finds that the development complies with these key
aims;
there is a strong economic need for the two inconsistent uses on this site;
the total proposed GFA of the inconsistent components of the proposal represents only
9% of the overall proposed GFA, which is a minor component of the development and
is considered compatible and complimentary with the primary uses;
a formal land use survey undertaken in regard to uses within the surrounding Noosaville
Industrial Estate demonstrates that the proposed development is consistent with the
existing character of development within the Industry zoned land (surrounding the
subject site);
the proposed ‘tradie’s café’ will meet a clear need for more and better lunchtime
options for the local workforce, particularly in the Lionel Donovan Drive precinct which is
currently not serviced by such a facility. Takeaway food establishments are not
uncommon in industrial areas, serving the needs of a range of tradespersons and
employees working in the nearby area;
an economic report commissioned to assess the proposed development has found
that:
it is unlikely that a local service station with a small convenience offer would cause
significant impacts on the major supermarkets and centres servicing the area today
and into the future;
as a convenience offer, there is considerable merit to the proposed development;
the provision of a local convenience centre generally at the location described
would contribute to the enhanced convenience and amenity of current residents
and future local residents as well as surrounding businesses and workers;
there is a gap in worker meals servicing the north-easterly segment (i.e. Lionel
Donovan Drive precinct - in which the subject site is located); and
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the scale of the proposed development would mean that its offer would be
qualitatively and quantitatively different from the larger format retailers servicing the
area;
the proposed development generally meets, or can be conditioned to meet, all other
specific codes requirements.
In our opinion, the proposal has considerable town planning merit and should be supported,
subject to reasonable and relevant conditions.
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1.0 INTRODUCTION
This town planning report has been prepared on behalf of the applicant, Empirica
Developments Pty Ltd. The report is submitted to the Noosa Council as part of a
development application for Material Change of Use over land at 139 Eumundi Noosa Road
& 30 Lionel Donovan Drive, Noosaville, for the following range of uses:
Industrial Business Type 2 – Production, Alteration, Repackaging & Repairing;
Industrial Business Type 1 – Warehouse;
Retail Business Type 6 – Hardware Store;
Retail Business Type 5 – Vehicle Uses (service station);
Retail Business Type 2 – Shop & Salon (service station shop); and
Entertainment and Dining Business Type 1 – Food & Beverages (tradie’s café).
The proposal has been designed as an integrated scheme over the 2 parcels of land,
considered to be a significant improvement to the current use of the land. The proposal will
comprise 3 standalone buildings with various tenancies and will assume a total GFA of
2,617m2. The existing ingress and egress from Eumundi Noosa Road will be removed and
reinstated approximately 10m further south on the site with an additional ingress/egress to
Lionel Donovan Drive.
The site is located in the Urban Footprint under the South East Queensland Regional Plan
2009-2031. The Noosa Plan 2006 (the planning scheme) includes the site in the Noosaville
Locality as well as the Industry Zone. The various uses associated with the proposal are
consistent land uses in the Industry Zone other than the proposed Entertainment and Dining
Business (‘tradie’s café’) and ‘Shop’ component of the service station. These components
will elevate the application to Impact Assessable.
This report will discuss the characteristics of the subject site and its surrounding uses as well as
providing a detailed assessment of the application against the relevant provisions of the
local and state planning instruments. In particular, a detailed assessment of the proposal
against the relevant Desired Environmental Outcomes (DEO), the Noosaville Locality Code,
the Business Uses Code and applicable Works Codes will be provided.
Finally, this report demonstrates in accordance with the relevant sections of the Sustainable
Planning Act 2009 (the Act) that sufficient grounds are provided in favour of the application
and on this basis the application should be approved, subject to relevant and reasonable
conditions.
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2.0 SUBJECT SITE
The site is located at 139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville and is
legally described as Lot 4 on SP159610 & Lot 31 on SP170751.
2.1 Site Locality
Figures 1 & 2 below illustrate that the site is located in the established commercial and
industrial areas of Noosaville at the junction of Eumundi Noosa Road and Walter Hay Drive.
Figure 1: Locality Plan
Subject Site
The site has a total area of 7,740m2 which is comprised of 4,166m2 (Lot 4) and 3,574m2 (Lot
31). The site is an irregular allotment with approximately 134m of frontage to Eumundi Noosa
Road, 42m to Lionel Donovan Drive & 25m to Walter Hay Drive. The site falls gently towards
the north by approximately 3m in total. Only limited vegetation exists on-site, with a few
minor areas of vegetation located at the north eastern corner of the site to the Walter Hay
Drive frontage as well as at the rear of the existing industrial warehouse building on Lot 4.
Vehicle access to Lot 4 is currently provided via a separate left in – left out crossover to
Eumundi Noosa Road. Lot 31 does not currently have any vehicle access. There exists a
pedestrian footpath circumnavigating the site along the Walter Hay Drive and Eumundi
Noosa Road frontages. The site is encumbered by a sewer easement in favour of Council to
the north of Lot 31 as well as a stormwater easement at the south western corner of Lot 31.
A detailed survey has been undertaken for the site and is included in Appendix A.
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The site is well positioned at a highly visual and prominent location for southbound traffic,
located between the Walter Hay Drive & Eumundi Noosa Road intersection roundabout (to
the north) as well as the Eenie Creek Road & Eumundi Noosa Road intersection roundabout
(to the south). The site (Lot 4) currently comprises the following tenancies (comprised over 2
separate buildings):
Tradelink plumbing supplies (Retail Business Type 6 – Hardware Store);
Otto’s Mufflers (Industrial Business Type 2 – Production, Alteration, Repackaging &
Repairing);
Noosa Pit Stop Mechanical Repair & Service Centre (Industrial Business Type 2 –
Production, Alteration, Repackaging & Repairing);
Noosa Clutch and Brake Service (Industrial Business Type 2 – Production, Alteration,
Repackaging & Repairing); and
Rudy Walstyn Wholesale Centre (vehicle sales).
The majority of Lot 4 (other than the abovementioned) is hardstand vehicle movement and
parking areas as well as outdoor storage and back-of-house areas. There also exists a
retaining wall along the boundary of Lot 4 and the adjoining vehicle sales premise. Lot 31 is
currently vacant and grassed.
Figure 2: Aerial Image of Site
Subject Site
Lot 4 Lot 31
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2.2 Surrounding Land Uses
The subject site is situated within a well-established, industrial and commercial area.
Adjoining to the south of the site is a Hyundai vehicle sales premise, which faces away from
the subject site (large blank wall & transparent fence face the subject site). Adjoining the
site to the east is a further area of vacant, grassed land (28 Lionel Donovan Drive).
The site is located in close proximity to the Lionel Donovan Drive industry/commercial
precinct, which as described below, contains a range of motor vehicle sales,
industry/warehouse/commercial type buildings and premises of the like (Reece Plumbing,
car wash (Touchless Auto). At present, this precinct supports some 46 existing businesses with
an estimated 300+ employees. It should be noted that this precinct is not currently serviced
by a coffee/takeaway food establishment and is not yet at capacity. As such, the
workforce within the precinct will continue to grow.
Figure 3 below provides an aerial view of adjoining and surrounding uses which are detailed
further below the figure.
Figure 3: Aerial Image of Site with Adjoining & Surrounding Uses
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Immediate surrounding uses include (from the figure above):
1 – various motor vehicle sales premises, including John Madills Toyota, Noosa
Hyundai, Sunshine Coast Mazda, Madills Holden & Great Wall & Cricks Noosa;
2 – electrical lighting supplies and offices;
3 – various warehouse/industry type uses (Ironman, Noosa Professional Dance
Academy, Fancy Dress & Costume Hire, Tewantin Glass etc.);
4 – motorcycle sales (Ducati) & vehicle repairs premises (UltraTune & Beaurepaires);
5 – car wash premises (Touchless Auto); and
6 – plumbing supplies premises (Reece Plumbing).
The precinct also includes seven (7) undeveloped sites representing further future potential
growth in businesses and workers.
The wider surrounding area is also comprised of a range of commercial and industry related
uses. The general range of uses has been captured by a Land Use Survey (LUS), provided in
Appendix B, which was commissioned by the applicant to support the application. The LUS
draws the following main conclusions:
the character of the Industry zoned land (surrounding the subject site) is changing in
response to modern day retailing and increased rental prices and comprises a wide
ranging mix of uses;
a total of 71% of the surveyed sites were identified as containing ‘inconsistent’ uses;
and
of the total 47 inconsistent land uses surveyed, 21 were identified as being related to
a Retail Business Type 2 – Shop & Salon with 1 being identified as an Entertainment
and Dining Business Type 1 – Food & Beverages.
It is clear from this Land Use Survey that the Noosaville Industrial Estate already supports a
wide variety of industrial, commercial and retail uses.
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3.0 PROPOSED DEVELOPMENT
3.1 Application Type
In accordance with the relevant provisions of the Sustainable Planning Act 2009, this
application seeks a Development Permit for Material Change of Use for an Industrial Business
Type 2 – Production, Alteration, Repackaging & Repairing, Industrial Business Type 1 –
Warehouse, Retail Business Type 6 – Hardware Store, Retail Business Type 5 – Vehicle Uses,
Retail Business Type 2 – Shop & Salon & Entertainment and Dining Business Type 1 – Food &
Beverages
Development Development Preliminary Approval
Permit
Carrying out Building Work
Carrying out Plumbing or Drainage Work
Carrying out Operational Work
Reconfiguring a Lot
Making a Material Change of Use of Premises
3.2 Prelodgement Advice
A prelodgement meeting was held with Council’s officers (Kerri Coyle, Denis Wallace &
Monkeith Khadum) on the 10 October 2014 (refer Appendix C for a copy of the
prelodgement meeting minutes). The proposal has been amended since the prelodgement
meeting and has incorporated many of the Council’s advices.
3.3 The Proposal
The proposal relates to an integrated development over 2 lots and will comprise 3
standalone buildings (likely to consist of 6 individual tenancies), assuming a total GFA of
2,617m2 as well as a total site cover of 33%. Refer to Appendix D for a complete set of
proposal plans.
The proposal is intended to comprise the following major elements:
Use Type Elements GFA (m2) Height (m)
Industrial Business Type building is likely to support a 594 5.6
2 – Production, tyre/mechanical vehicle repairs
Alteration, tenancy;
Repackaging & 52m2 storage area – ‘back of
Repairing or house’;
Retail Business Type 6 – pedestrian access is via the north
Hardware Store or western corner; and
Industrial Business Type likely to comprise 3 servicing bays.
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1 – Warehouse.
Retail Business Type 6 – 3 individual tenancies within 1 1,663 7.35
Hardware Store and/or building;
Industrial Business Type zero lot line – eastern boundary; and
1 – Warehouse and/or pedestrian pathway linkages at the
Industrial Business Type western façade linking throughout
2 – Production, the site.
Alteration,
Repackaging &
Repairing
Retail Business Type 2 – forms part of the building associated 223 5.25 (8.75
Shop & Salon and with the above ‘fast-food’ (107 – to top of
Retail Business Type 5 – coffee/takeaway establishment; service projected
Vehicle Sales comprises the paypoint area in station & sign)
association with refuelling as well as 116 –
an ancillary ‘shop’ area; and shop)
refuelling canopy with 4 refuelling
stations and 4 X underground fuel
tanks.
Entertainment and a “tradie’s café” – which forms part 137 5.25
Dining Business Type 1 – of the building associated with the
Food & Beverages service station paypoint; and
related to a ‘fast-food’
coffee/takeaway establishment.
The northern and south eastern buildings will ultimately assume the appearance of a typical
industrial type building with significant glazing to each façade and a roller door to the south
of each individual pedestrian entrance point (northernmost building) as well as a number of
roller doors to the northern façade of the south eastern most building. These buildings will be
appropriately articulated through the use of varying materials, colours and textures.
There is currently no specific tenant secured for the northern tenancies, hence the applicant
seeks approval for a range of ‘consistent’ uses for these tenancies to allow some flexibility.
The service station and ‘tradie’s café’ establishment will be located at the south western
corner of the site and will comprise the paypoint and associated retail area of the service
station (appearing as 1 building). The north and western facades will comprise pedestrian
pathways, buffered by landscaping. The façade of the building will be predominantly
glazed, with varying textures, material and colours to provide for visual interest and
articulation. Further, in association with the service station component, a covered refuelling
canopy will be provided (comprising 4 refuelling stations with 8 pumps). This structure has
been located in close proximity to the associated paypoint building to provide for safe and
efficient customer movements.
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The proposal will involve the removal of all existing on-site uses. The proposal for a new
industrial/commercial development on this prominent site will clearly offer a significant visual
improvement in this locality, particularly in terms of formalising and improving the on-site car
parking (refer Figure 4 below for a photo of on-site parking as it currently exists).
Figure 4: Photo of Site Showing Informal Parking
3.4 Technical Aspects
Further to the above, the proposal will comprise the following technical aspects.
3.4.1 ACCESS & PARKING
The proposal will comprise the following in terms of access and parking:
removal of the 2 existing vehicle crossovers to Eumundi Noosa Road, to be shifted
south (approximately 10m to the northernmost ingress and 5m to the southernmost
egress);
provision of an additional vehicle crossover to Lionel Donovan Drive;
a total of 59 car parking spaces have been provided (including 3 disabled bays) plus
5 motorcycle bays;
sufficient servicing/loading bays have been provided to each component of the
proposed development;
vehicles are able to access and manoeuver throughout the site in a forward gear;
and
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a pedestrian pathway has been provided to the frontage of all proposed buildings
including a pedestrian crossing where relevant.
A Traffic Impact Assessment (TIA) report has been prepared for this application and is
provided in Appendix E. The TIA shows the proposal has been able to demonstrate that:
the proposed parking meets the minimum vehicle parking requirements;
the proposal has been designed to cater for an Articulated Vehicle (AV) in entering
and exiting the site from Eumundi Noosa Road in a forward gear;
sufficient servicing and waste collection standing, loading and manoeuvring areas
are provided for each component of the development;
the proposal is able to accommodate at least 16 vehicles in queuing for the
proposed service station (not including those parked at the refuelling stations);
the proposal is not considered to have an adverse impact on future year traffic
operations of the local road network, with the results indicating that the Eumundi
Noosa Road / Walter Hay Drive / Venture Drive roundabout is able to continue
operating at an ‘excellent’ level whilst the Eumundi Noosa Road / Eenie Creek Road
roundabout is able to operate at a ‘very good’ level of service once the proposal is
operating; and
recommendations from the report comprise line marking and signage on Eumundi
Noosa Road.
3.4.2 LANDSCAPING
The proposal is supported by a Landscape Concept Plan (refer Appendix F), which
demonstrates the delivery of a modern, high presentation landscape treatment with a focus
on semi advanced native subtropical landscaping. The landscape treatment will comprise
the following main elements:
3m wide planting areas (on average) to all available frontages;
tree planting which is expected to achieve 50% screening of buildings at 5 years;
greater than 1 tree for every 6 car parks;
bio-retention basins fringed and augmented with perimeter tree plantings; and
species selection representative of the best landscapes within the Noosaville locality.
3.4.3 SERVICING & WASTE STORAGE
The proposal will comprise a consolidated waste storage area, located both within and
adjacent to the service station building. Waste bins associated with the service station (x2)
building will be contained within a screened, roofed enclosure. Directly adjacent to this
enclosure is an additional waste storage area (comprising space for 3 waste bins),
anticipated to cater for the remaining on-site buildings. This area is enclosed within a
landscaped area to the south and east as well as the service station building to the west. A
1.8m high fence will be provided to the rear of the waste bins. This consolidated design is
considered to provide for ease of collection, maintaining the safety and efficiency of
pedestrians and vehicles on-site as well as being appropriately screened from view.
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In terms of servicing, the proposal has been designed to cater for the relevant service
vehicle, in accordance with the applicable Council standards. As illustrated on the site
layout (refer Appendix D for proposal plans), a loading zone has been provided adjacent to
the service station building as well as individual (and internal) loading zones for each
tenancy associated with the north eastern most building. These areas have been designed
to cater for a Heavy Rigid Vehicle (HRV) without interrupting the normal operation of the
refuelling forecourt area and balance on-site vehicle movement areas.
3.4.4 STORMWATER MANAGEMENT
A Stormwater Management Plan (SMP) has been provided (refer Appendix G) in support of
the proposal and has been able to demonstrate that:
there will be no adverse impacts to downstream receiving waterways, property or
infrastructure;
the site is not affected by flooding;
the discharge of stormwater from the site is compliant with all relevant standards
through the provision of a treatment train which includes a number of bio-retention
areas (prior to 3 on-site legal points of discharge);
the site is ‘low risk’ in terms of erosion and sediment control; and
the design of the proposed development has taken all necessary steps to adopt
Water Sensitive Urban Design principles in compliance with all relevant standards.
3.4.5 SERVICES & UTILITIES
In support of the proposal, an Engineering Services Report (ESR) has been provided (refer
Appendix H). The ESR demonstrates that the proposal can be adequately serviced with
potable water, sewerage reticulation, stormwater drainage, vehicle access and
electrical/telecommunication services.
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4.0 STATUTORY TOWN PLANNING ASSESSMENT
4.1 Sustainable Planning Act 2009
The Sustainable Planning Act 2009 (the Act) provides the overall statutory planning
framework for Queensland. The subject site is located within the local government
boundaries of the Noosa Council area. As such, the site is subject to the provisions
contained in the Noosa Plan (the planning scheme).
Based on the relevant provisions of the planning scheme the proposed development
requires Impact Assessment. Those matters which the Assessment Manager must have
regard to when assessing the development application are set out in section 314 of the Act.
At the time of lodging the development application, the common material comprises the
following:
the duly completed IDAS forms;
the proposal plans; and
this town planning report and appended specialist reports.
4.2 State Planning Interests
4.2.1 STATE DEVELOPMENT ASSESSMENT PROVISIONS (SDAP)
From a review of the State Assessment and Referral Agency (SARA) mapping, the following
layers have been identified as being applicable:
the site is within the SEQ Regional Plan 2009-2031 ‘Urban Footprint’ designation;
the site is within the water resources planning area boundary; and
the site is within the coastal zone.
The proposal is consistent with the regional plan designation and therefore no further
assessment is required against Module 2 of the State Development Assessment Provisions
(SDAP).
Further, the proposal does not seek to take or interfere with water and whilst being located in
the coastal zone, the site is not identified as being contained within the coastal
management district; as such no further assessment is required against Module 10 of the
SDAP.
4.2.2 STATE PLANNING POLICY
From a review of the State Planning Policy (SPP) mapping, the following layers are identified
as being applicable:
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water quality – climatic regions – stormwater management design objectives; and
natural hazards – flood hazard area (QLD floodplain assessment overlay & Local
Government flood mapping area).
The proposal will trigger the receiving waters criteria and has been assessed against the SPP
Code: Water quality (refer Appendix I). The Water supply catchment in South East
Queensland criteria will not be triggered as the site is located in an urban area. Lastly, whilst
the site is identified as being of land constrained by acid sulfate soils (as per Council
mapping), it should be noted that it is above 5m AHD, as such, no further assessment is
required.
Thus, the proposal will be consistent with the State Planning Policy.
4.2.3 REFERRAL TRIGGERS
The proposed development has been assessed against schedule 7 (Referral agencies and
their jurisdictions) of the Sustainable Planning Regulation 2009 (the regulation). As such, it is
not considered that the application will require referral.
4.3 Noosa Plan
As above-stated, the subject site is located within the local government boundaries of the
Noosa Council, and is subject to the provisions outlined in the Noosa Plan 2006. The site is
located in the Noosaville Locality, in the Industry Zone (refer Figure 5 below).
Figure 5: Zone Map Extract
Subject Site
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As per the relevant level of assessment table (11.9 – Assessment Table for the Industry Zone),
the proposal will be impact assessable, broken down into the following components:
Use Code/Impact Consistent/Inconsistent
Industrial Business Type 2 – Production, Code Consistent
Alteration, Repackaging & Repairing
Industrial Business Type 1 – Warehouse Code Consistent
Retail Business Type 6 – Hardware Store Impact Consistent
Retail Business Type 5 – Vehicle Sales Impact Consistent
Retail Business Type 2 – Shop & Salon Impact Inconsistent
Entertainment and Dining Business Type Impact Inconsistent
1 – Food & Beverages
As per Section 11.3.3 (Part 11 – Noosaville Locality Plan) of the planning scheme, ‘for impact
assessable development, the development is assessed against the whole planning scheme.’
The following assessment against the relevant Desired Environmental Outcomes (DEOs),
demonstrates that the proposed development does not undermine the main aims or intent
of the planning scheme.
4.3.1 DESIRED ENVIRONMENTAL OUTCOMES
The DEOs are statements of broad policy at a shire-wide level, and form the foundation from
which other provisions of the Noosa Plan are developed. Part 3 of the planning scheme
contains 12 DEOs, each relating to a specific policy.
The Commercial & Retail Uses DEO is considered to be of most relevance to the proposed
development. The proposal has been assessed against the relevant item (viii) of the
Commercial & Retail Uses DEO, which reads:
“A hierarchy of centres with a range of Commercial and Retail business uses provide suitable
levels of amenity, service and access to the community, consistent with the community’s
location and needs and is based on—
viii. Uses that comprise a large component of Commercial and Retail business uses or
other non-industrial uses are not located on land that is otherwise intended for
Industrial business uses;…”
Comment: The foundation of this DEO is the hierarchy of centres which identifies a tiered
network of centres, each with a described function and preferred scales and types of retail
and commercial uses. The centres within the hierarchy are identified on the Planning
Scheme Strategy Map and range from the Shire Business Centre at Noosaville through to
small village centres. Given that the development includes ‘retail’ & ‘commercial’ elements
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and the site is located outside of a centre it is necessary to demonstrate that the proposed
retail elements will not impact on the hierarchy.
The various components of the proposal related to ‘retail’ & ‘commercial’ are the following:
Entertainment and Dining Business Type 1 – Food & Beverages;
Retail Business Type 2 – Shop & Salon;
Retail Business Type 5 – Vehicle Uses; and
Retail Business Type 6 – Hardware Store.
Whilst the Entertainment and Dining Business Type 1 – Food & Beverages and Retail Business
Type 2 – Shop & Salon are identified as inconsistent uses in the Industry Zone, the Retail
Business Type 5 – Vehicle Uses & Retail Business Type 6 – Hardware Store uses are consistent
and supported within the Industry Zone. As such, any potential conflict with the hierarchy of
centres and this DEO must be viewed in this context.
The proposal does not comprise uses with large components of retail/commercial areas. The
Retail Business Type 2 – Shop & Salon use is associated with the service station component
and (as confirmed with Council) relates to a minor component (approx. 4%) of total GFA.
Whilst Council consider this component to comprise its own specific use, it should be noted
that the operation, use and function of this part of the building will be primarily related to the
service station. The sale of retail goods is considered to be complimentary to and typical of a
modern service station.
Additionally, the proposal will comprise an Entertainment and Dining Business Type 1 – Food &
Beverages, which is anticipated to be related to a coffee/takeaway tenancy or best
described as a ‘tradie’s café’. This use comprises a total GFA of 137m2 which is not
considered significant in the context of the DEO.
The total combined GFA of retail/commercial is 246m 2. In terms of the overall proposed GFA
of the development, this represents approximately 9%, which is a minor and complimentary
component of the larger proposal.
The site is located outside the hierarchy of centres but is not quarantined by the planning
scheme for purely industrial uses. The site is envisaged for various retail uses under the
Industrial zoning including landscape yards, rural supplies, service stations, hardware stores
and various Type 5 uses including boat, truck and motor vehicle hire premises. Given the
above, and the minor nature of the retailing component, it is considered that the proposal is
able to sufficiently demonstrate compliance with the Commercial & Retail Uses DEO.
The Industrial Business Uses DEO is also considered to be of relevance to the proposed
development. The proposal has been assessed against the relevant item (vii) of the Industrial
Business Uses DEO, which reads:
“Industrial uses and extractive and mining uses—
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vii. protects industrial areas, valuable extractive and mineral resources and
associated heavy vehicle haul routes, particularly from the encroachment of
incompatible development, for the ongoing benefit of the community; and…”
Comment: This DEO is considered to be relevant for two reasons, firstly because part of the
proposal involves an Industrial Business use and secondly, as the land is zoned Industry there
may be perceived concerns with the protection of industrial land for Industrial Business uses
and other compatible uses.
The major proportion of this proposal (approx. 91% of the GFA) is for uses that are deemed
‘consistent’ under the planning scheme. Hence, the proposed development by its nature is
supporting the achievement of this DEO. For reasons already set out earlier, the two
‘inconsistent’ uses are considered complimentary to the other main uses and minor elements
of this proposal.
To lend further support to the proposal the applicant commissioned an economic
assessment of the proposed development (refer Appendix J) to investigate whether the
‘inconsistent’ uses are appropriate on this site from an economic impact and needs
perspective. This report is also important in terms of this DEO.
In summary, the Economic Report found that (amongst other things):
it is unlikely that a local service station with a small convenience offer would cause
significant impacts on the major supermarkets and centres servicing the area today
and into the future;
as a convenience offer, there is considerable merit to the proposed development;
the provision of a local convenience centre generally at the location described
would contribute to the enhanced convenience and amenity of current residents
and future local residents as well as surrounding businesses and workers;
the scale of the proposed development would mean that its offer would be
qualitatively and quantitatively different from the larger format retailers servicing the
area; and
there is a gap in worker meals servicing the north-easterly segment (i.e. Lionel
Donovan Drive precinct - in which the subject site is located); and
the proposed ‘tradie’s café’ will meet a clear need for more and better lunchtime
options for the local workforce.
Given the above and in the context of the DEO, whilst the proposal comprises two (2)
inconsistent uses, they are not considered to be ‘incompatible development’. Takeaway
food establishments are not uncommon in industrial areas, serving the needs of a range of
tradespersons and employees working in the nearby area.
In all, the proposal is considered to relate to compatible development, will not result in a
significant loss of industrial land and will provide for community benefits in terms of filling a
local convenience need and not impacting on existing retailers – rather complementing the
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higher order retailing that already services the population of the surrounding locality. As
such, for the reasons above, it is our view that the proposal does not impact on the hierarchy
of centres or industrial areas and furthermore, it is appropriate in light of the relevant
planning scheme DEOs.
4.3.2 NOOSAVILLE LOCALITY PLAN – OVERALL OUTCOMES
The subject site is located within the Noosaville Locality and forms part of the Industry Zone.
The proposal has been assessed against the overall outcomes for the Noosaville Locality (as
set out in section 11.8.2 of the planning scheme) and is found to be generally consistent. The
only item that warranted further discussion in this regard is set out below:
“x) For the Industry Zone—land in this zone—
ii is protected for industrial functions including Industrial business Type 2 to the
exclusion of incompatible uses including Residential Uses, Community Uses,
Commercial business and most sport and recreation uses and Retail business
uses;…”
Comment: The proposed service station shop and tradie’s cafe/takeaway component of the
proposal potentially conflicts with Overall Outcome x (ii) for the Industry Zone (as described
above). In regard to this area of potential conflict, it is believed that there are sufficient
grounds to justify support for the proposal. To a large extent the main issues have already
been discussed in the preceding section relating to the DEOs, however, to reiterate the key
points we offer the following summary:
there is a demonstrated economic need for the proposal;
whilst the proposal comprises 2 inconsistent uses, they are not considered to be
‘incompatible development’. Takeaway food establishments are not uncommon in
industrial areas, serving the needs of a range of tradespersons and employees working
in the nearby area;
the GFA of the inconsistent components of the proposal relates to a total of 246m2,
which is a minor proportion (approx. 9%) of the overall proposed GFA;
the proposal will provide workers with choice and quality options for lunches, thus
providing a desirable social outcome for the local workforce;
the proposal, in providing for conveniently located retail services, provides the
opportunity for increased walkability – contributing to contemporary triple bottom line
considerations; and
the proposed development will neither compete with nor, as a result, threaten the
viability of existing large format retailers. Rather, it will be a proportionate complement
to the higher order retailing that already services the identified Trade Area’s population.
In all, the main proposed uses (which represent the majority of the development) comprise
‘consistent’ uses within the Industry Zone and by nature fundamentally support the Overall
Outcomes for the Noosaville locality. The two ‘inconsistent uses’ proposed are minor in
nature, ancillary to and complimentary with the main uses and have been found to be
‘needed’ in this location by an economic assessment.
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Therefore, it is considered that the proposed development is appropriate in light of these
Overall Outcomes as there are sufficient grounds to overcome any potential conflict with the
intent of the Noosaville Industrial Zone.
4.3.3 NOOSAVILLE LOCALITY PLAN – SPECIFIC OUTCOMES
An assessment has been undertaken against the specific outcomes of the Noosaville Locality
Plan and this is included here in Appendix K. The proposal will comply with the majority of
the Probable Solutions, other than the following which seek compliance with the Specific
Outcome:
Specific outcome 09 - the proposal will be largely compliant with the minimum boundary
setback requirements (outlined in Schedule 1), other than the following:
1. The north eastern corner of the proposed building is setback 4.05m to Walter Hay
Drive (considered to be a secondary frontage). As such, there is a non-compliance of
450mm encroachment to this frontage but only at the very corner of the building as it
angles away from the boundary and the setback quickly increases to a maximum of
10.59m. The minor encroachment is considered to be appropriate given:
the existing vegetation buffering the proposed building from Walter Hay Drive;
there not being any adjoining land uses;
the proposed addition of further significant landscaping treatments to this buffer
area; and
this treatment is considered to be largely consistent with the existing buildings
located further east of the site and that which front Walter Hay Drive.
2. The second setback intrusion relates to the proposed tyre & mechanical building
located in the south eastern corner of the site. The building fronts Lionel Donovan
Drive (considered to be a secondary frontage). As such, the non-compliance relates
to an encroachment of 2.5m. This is considered to be appropriate given:
the addition of a significant landscaping screening treatment to the setback
area. This will screen the subject building as well as improve the visual amenity of
the streetscape;
the proposed development is mainly orientated towards Eumundi Noosa Road
and only has a small frontage in comparison to Lionel Donovan Drive which in
effect is more equivalent to a side boundary;
this is a generally inconspicuous part of the Lionel Donovan Drive where a building
within 2m of the boundary will have little impact on the streetscape and
character of the area which is dominated by large car sales premises;
there is currently no existing visual continuity of buildings within this section of
Lionel Donovan Drive and as such, the proposed building is not ‘out of place’.
The proposed setback intrusions are considered to be appropriate regardless of the non-
compliances.
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Specific outcome O18 - the proposal is likely to comprise fill of more than 1.2m in height at
the north eastern portion of the site. This is a minor non-compliance as the proposal will meet
the requirement for the most part.
4.3.4 NOOSAVILLE LOCALITY PLAN – SPECIFIC OUTCOMES FOR THE INDUSTRY ZONE
Entertainment and Dining Business Type 1 & Retail Business Type 2 uses are identified as an
inconsistent use in Specific Outcome 187. As discussed in previous sections there are
sufficient grounds to justify the approval of these uses on this site.
Specific outcomes 190 – 192 deal with the storage of materials outside of buildings. Other
than the underground fuel tank storage area (which will comply with AS1940), there are no
substantial outdoor areas used for storage of materials that would not comply with these
criteria.
Specific outcome 193 requires the frontage of each site to contain landscaping. The
landscape concept plan, included in Appendix F, demonstrates compliance with this
outcome.
Specific outcome 195 seeks development fronting Walter Hay Drive and Eumundi Noosa
Road to be sympathetic to the character of the area and suitable for its position along major
entry roads. The proposal is considered to be a significant improvement to the site as it
currently exists, providing significant landscaping treatments, a quality, modern built form,
formalised, landscaped parking areas as well as screened waste storage areas.
4.3.5 APPLICABLE NOOSA PLAN CODES
This section of the report summarises any issues encountered during an assessment of the
proposed development against each of the following codes:
4.3.5.1 Business Uses Code
The proposal generally complies with the applicable provisions of this code. The following
points from the assessment are considered important to note:
Table 14-10-Entertainment & Dining Business or Retail Business Type 1 or 2
the proposed Entertainment and Dining Business use will comprise an outdoor dining
area of 47m2 (west of the associated building). The wall of the associated building –
facing the outdoor dining area – will be transparent, not made of flexible sheeting,
separated from the floor by a vertical gap of 500mm (where required to do so), will
not extend beyond the boundaries of the premises (relating to the roof and walls)
and will comply with the Planning Scheme Policy 14 – Outdoor Dining; and
this area will not be enclosed via a roof structure.
Table 14-14-Industrial Business
the proposal will comprise waste storage areas which are located at the rear of the
buildings (or within). The loading zone areas for the proposed building (north west of
the site) will be at the front and internal areas of the building, however it should be
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noted that this building will be setback from Eumundi Noosa Road approximately 40m
and buffered by a site frontage and carparking landscape treatment. As such, there
is not considered to be any adverse impacts to visual amenity of the streetscape or
adjoining properties as a result;
the building located at the north east of the site will comprise a façade of more than
30m, and as such will incorporate varying colours and materials to soften the building
bulk; and
the minimum boundary clearance setbacks associated with the proposal will either
be landscaped or built to boundary.
Table 14-15-Service Station
the proposal will comprise a service station component, which will be located on a
site zoned Industry, considered to be a consistent use for that land. The proposal will
be compatible with the existing and proposed amenity of the surrounding locality
and is considered to be appropriate given the type of existing road network
(proposed use is reliant on and reasonably expected to be sited on, a major road
frontage).
4.3.5.2 Landscaping Code
The applicant has commissioned DFS Group to prepare a landscape concept plan which
addresses the requirements of the landscaping code and the Planning Scheme Policy 3 –
Landscaping Plants and Guidelines (PSP3). This landscape plan is included here as Appendix
F.
The proposal generally complies with the applicable provisions of this code. The following
points from the assessment are considered important to note:
a total of approximately 13% of the total site area is landscaped, which is considered
to be sufficient in terms of enhancing the visual amenity and natural landscape
character of the site and surrounding locality;
all existing significant vegetation will be retained with dense landscaping buffering
provided to the north east of the site (contributing to the existing vegetation);
the proposal will comprise a landscaping treatment which will appropriately soften
the visual bulk of on-site business uses, screen loading/servicing areas, buffer outdoor
dining areas, significantly improve the visual amenity of the 3 site frontages; and
landscaping proposed for the off-street car parking areas is considered to
adequately reduce the visual impacts of the development, provide for the shading
of vehicles and the reflection of radiation, provide sufficient areas in support of
canopy trees as well as maximise the opportunity for infiltration (and quality control
measures) of rainwater on-site (through bio-retention basins).
4.3.5.3 Works Codes
An assessment against these codes finds that the proposal generally complies with the
Probable solutions of these codes. The following discussion deals with any areas where it was
considered that the Specific Outcome needed to be addressed:
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Driveways and Carparking Code
The proposal is supported through the provision of a Traffic Impact Assessment (TIA) report
(provided in Appendix E), and is considered to comply with the relevant provisions of the
Driveways and Carparking Code.
Earthworks Code
The proposal will comprise the undertaking of bulk earthworks (cut and fill operations) and is
considered to demonstrate compliance with all relevant provisions of the Earthworks Code.
Refer to the Preliminary Bulk Earthworks Grading Plan in Appendix C of the Engineering
Services Report (provided in Appendix H).
Erosion and Sediment Control Code
Standard erosion and sediment control measures will be incorporated into the proposed
development and will be further detailed in a future operational works application. For
further details, refer to Councils Erosion and Sediment Control Assessment form provided in
Appendix I of the Stormwater Management Plan (Appendix G), which demonstrates that the
site is considered to be ‘low risk’.
Existing Services Code
As part of the proposal, the existing sewer easement to the north eastern corner and north
western corner of the site (Lot 31) will be abandoned and removed with a new sewer
connection point to be provided outside of the proposed building footprint and ‘zone of
influence’. Refer to the Engineering Services Layout Plan in Appendix C of the Engineering
Services Report (Appendix H).
It should be noted that a Build Over Sewer (BOS) application will likely be required to be
submitted to Unitywater, given that the north west corner of Lot 31 includes buildings
proposed to be constructed over the existing sewer reticulation network. This will be applied
for as part of the Building Works stage.
Transport, Roads and Drainage Code
As demonstrated in the TIA report (provided in Appendix E), the proposal will not adversely
impact the safety, capacity and operations of the existing road system.
Waste Management Code
An adequate waste storage and collection area is provided onsite, with the capacity for
appropriate separation, able to be provided where required.
Refer to the TIA which demonstrates that these storage areas can be adequately serviced
by the relevant waste collection vehicle.
Water Sensitive Design Code
The proposal will comply with the Water Sensitive Design Code through the following
measures:
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The proposal will comprise 3 bio-retention systems as well as a detention basin to
ensure that peak flow discharges are mitigated and water quality is maintained;
The proposed bio-retention systems will comply with all relevant water quality
standards;
A suitable backflow prevention device will be installed during the construction phase;
and
The proposed bio-retention systems will maintain compliance with the relevant water
quality standards.
Water Supply and Sewerage Reticulation Code
The site is currently provided with connections to all existing and required
infrastructure/services. As part of the proposal, the existing water connection will be
maintained.
Refer to the Engineering Services Report (Appendix H).
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5.0 CONCLUSION
This town planning report has been prepared on behalf of the applicant, Empirica
Developments Pty Ltd, in support of an impact assessable development application. The
report is submitted to the Noosa Council as part of a Material Change of Use application for
the following range of uses:
Industrial Business Type 2 – Production, Alteration, Repackaging & Repairing;
Industrial Business Type 1 – Warehouse;
Retail Business Type 6 – Hardware Store;
Retail Business Type 5 – Vehicle Uses (service station);
Retail Business Type 2 – Shop & Salon (service station shop); and
Entertainment and Dining Business Type 1 – Food & Beverages (tradie’s café).
The proposal will be located on a prominent site at 139 Eumundi Noosa Road & 30 Lionel
Donovan Drive, Noosaville and will comprise a complete demolish and rebuild. The site is
considered to be well positioned in terms of visual prominence, proximity to services/facilities
as well as the major road network.
The proposal has been designed as an integrated development over 2 lots, comprising 3
standalone buildings with various tenancies. The site is located within the Industry Zone,
where the majority of proposed uses are identified as consistent uses. Whilst the application
comprises 2 uses which are listed as inconsistent in the Industry Zone, the foregoing
assessment of this proposal draws the following conclusions in respect of these uses and the
proposal:
the proposal will not offend any state planning instruments;
the majority of the proposal includes consistent uses that are appropriate in the Industry
Zone and are suitable on this site;
an assessment of the proposal against the relevant planning scheme DEO finds that the
development complies with these key aims;
there is a strong economic need for the two inconsistent uses on this site;
the total proposed GFA of the inconsistent components of the proposal represents only
9% of the overall proposed GFA, which is a minor component and is considered
compatible and complimentary with the primary uses;
A formal land use survey undertaken in regards to uses within the surrounding Noosaville
Industrial Estate demonstrates that the proposed development is consistent with the
existing character of development within the Industry zoned land (surrounding the
subject site);
the proposed ‘tradie’s café’ will meet a clear need for more and better lunchtime
options for the local workforce, particularly in the Lionel Donovan Drive precinct which is
currently not serviced by such a facility. Takeaway food establishments are not
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uncommon in industrial areas, serving the needs of a range of tradespersons and
employees working in the nearby area;
an economic report commissioned to assess the proposed development has found that
it is unlikely that a local service station with a small convenience offer would cause
significant impacts on the major supermarkets and centres servicing the area today
and into the future;
as a convenience offer, there is considerable merit to the proposed development;
the provision of a local convenience centre generally at the location described
would contribute to the enhanced convenience and amenity of current residents
and future local residents as well as surrounding businesses and workers;
there is a gap in worker meals servicing the north-easterly segment (ie. Lionel
Donovan Drive precinct - in which the subject site is located); and
the scale of the proposed development would mean that its offer would be
qualitatively and quantitatively different from the larger format retailers servicing the
area;
the proposed development generally meets, or can be conditioned to meet, all other
specific codes requirements; and
the proposal will connect with all existing Council infrastructure and will provide for a
non-worsening effect to stormwater flows and downstream water quality.
On this basis, it is recommended that this application for a Development Permit for Material
Change of Use on land at 139 Eumundi Noosa Road and 30 Lionel Donovan Drive,
Noosaville, be approved subject to reasonable and relevant conditions.
Yours faithfully
DFS Group
Peter Folker
Director
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