Delegated Report - Code - Planning OPW20 0107 · OPW20/0107

Author	Consultant Planner
Assessment Manager		Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	OPW20/0107
Applicant	Body Corporate - Bay Village On Hastings Cts 33127
Proposal	Operational Works - Signage
Properly Made Date	30 June 2020
Information Request Date	15 July 2020
Information Response Date	9 April 2021
Decision Due Date	28 May 2021
Report Completed Date	27 May 2021
Checked by	Tara Norley - 27 May 2021
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	Bay Village 18 Hastings St Noosa Heads Qld 4567
RP Description	SP 140844
Land Area	5865 m²
Existing Use of Land	Retail shops and food and drink

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosa Heads
Zone	Visitor Mixed Use
Overlays	Not Applicable
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Signage (freestanding pylon sign) to be located on Hastings St adjacent to Gelatissimo’s.  It is proposed to remove 2 existing one sided signs and directory boards and replace with 1 freestanding sign and seating arrangement around the existing leopard tree.  The proposed sign is double sided with a sign face area of 2.28m2 either side, a thickness of 200mm and 2.4 metres high.  Each face of the proposed sign has no more than 2.05 m2 of sign face area with the remaining surface being kept free of advertising.  Figure 1 below provides an elevation of the proposed sign.

Figure1 – Elevation of proposed sign and associated seating.

site details
Background
Bay Village on Hastings (“Bay Village”) is an existing shopping complex located at 18 Hastings Street, Noosa Heads. The complex is strata titled with each shop owner responsible for the signage on each tenancy. The body corporate has oversight of the complex and is responsible for directional signage for the complex.
Existing signage
An additional existing freestanding pylon sign is located at the Noosa Parade entrance to the carpark (Figure 2). There is no line of sight between the existing sign and the proposed sign.

Figure 2 – Existing Pylon sign at Noosa Parade entrance
The site currently accommodates 2 existing freestanding signs at the western entrance to the premises in addition to a freestanding directory board as illustrated in Figure 3 below. The pylon sign has been proposed with the intention of removing the 2 existing signboards located at the western entrance to Bay Village on Hastings Street.

Figure 3 – Existing Freestanding signs and Leopard Tree at western entrance to premises
Site Description
The subject site is located at 18 Hastings Street, Noosa Heads and is commonly known as Bay Village Shopping Centre.   The complex has 2 street frontages – Hastings Street and Noosa Parade.  The proposed signage is to be located adjacent to Gelatissimo 1.2m from the site boundary at Hastings Street.  A Site plan is provided in Figure 4 below.

Figure 4 – Proposed site plan.
Surrounding Land Uses
The surrounding land uses comprise of a mix of commercial and tourism associated business within the locality of Hastings Street.
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.
The following codes from the Noosa Plan 2006 are applicable to this development:
Advertising Devices Code

The subject site is located in the Noosa Heads Locality and is zoned Visitor Mixed Use.  The operational works are required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.

Advertising Devises Code
Despite the number of signs located on the premises with a combined sign face area exceeding the 10m2, the proposed pylon sign is considered to provide a legitimate need for business identification and directions, in a manner that is complementary to the existing environment and integrates with the built form whilst minimising visual clutter.  This is achieved by:
Incorporating seating into the overall design and centring the existing Leopard tree within the proposed structure, ensuring the sign does not dominate the visual landscape.
The use of a mix of materials including steel signage, timber bench seat and stone wall creates a structure that integrates and is compatible with the built environment at Hastings Street.
As the overall height of the sign is limited to 2.4m the scale is considered compatible with the streetscape and the area, as surrounding buildings are 2 storeys and the existing tree canopies extend beyond the proposed sign height.
By incorporating 2 existing free-standing signs into the proposed pylon sign the design manages to minimise existing visual clutter.
The advertising device does not pose a hazard for pedestrians as it is setback 1.2m (half the height of the sign) from the Hastings street boundary.
Overall, the proposed sign (and incorporated seating) is considered to achieve a high standard of architectural design that is consistent with the standards of the locality and therefore is considered to meet the assessment benchmarks of the Advertising Devices Code.

Existing tree
The applicant’s report provides an overview of the submitted arborist report as follows: An arborist review has been prepared which considers the existing health of the tree and potential for damage to the rootzone by construction of the proposed sign and seating structure. The proposed seating design will not require footings and the structure placed on top of the concrete slab surrounding the tree. The arborist review considers this harm minimisation technique utilised in the footing construction will help minimise root damage. A 2 metre diameter opening inside the seating structure will increase the porous surface area around the tree. A layer of sandy loam will be placed on the existing surface to provide moisture retention and growing medium for low growing ground cover plants in accordance with the arborist recommendations.
Noosa 2020 planning scheme
The Noosa Plan 2020 does not regulate signage.  With the commencement of the Noosa Plan 2020, the local law requirements now apply to both temporary and permanent signs. A pylon sign would be subject to an application under the Local Laws.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Environment Officer, Development Assessment

The following conditions have been recommended for inclusion within any approval:

All works within the tree protection zone must be supervised and certified by a Level 5 AQF qualified arborist, including any electrical works.
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
Any pruning works must accordance with AS 4373:2007, Pruning of amenity trees and not exceed 20% of the live canopy.

conclusion & reasons for decision
Combining the existing signs into one improves the visual aesthetic of the entrance to the premises and minimises visual clutter. The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No OPW20/0107 for Operational Works - Signage situated at Bay Village 18 Hastings St Noosa Heads Qld 4567 and described as SP 140844, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW20/0107
Street address:	Bay Village 18 Hastings St Noosa Heads Qld 4567
Real property description:	SP 140844
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Signage
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the development commencing, and then compliance maintained at all times while the development continues.
Advertising devices undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
19015 SK.01	2	Feature Seat and Sign	07/04/21
Currency Period
The Currency Period for this development approval lapses if the development has not substantially started by 27 May 2023, unless an application to extend the currency period is approved by Council.

Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.

Nature and Extent of Approved Development
This approval authorises the following signs as defined by the planning scheme and shown on the Approved Plans:
a.         One freestanding Pylon sign
The approved sign must not be used for the advertisement of goods and/or services not sold or conducted on the site (ie. third party advertising).
The approved sign must not exceed the dimensions and sign areas as shown on the Approved Plans.
The approved sign must be positioned wholly within the property boundaries of the subject site and must not be located within or across any easements.
Illumination
The approved sign must not incorporate flashing lights nor involve illumination by any means other than:
a.         an internal light source
b.         a down light, if externally lit.
Illumination resulting from direct, reflected or other incidental light emanating from the approved sign must not exceed a luminance of 350 candelas per square metre.
Any light source must be switched off outside the trading hours of the advertised business.
All conduits, wiring, switches or other electrical apparatus installed on an advertising device must be concealed from general view.
Movement
The approved sign must not revolve, move, contain moving parts, change its message, flash, have a moving or flashing border, or give the impression of movement in any way.
Tree protection
All works within the tree protection zone must be supervised and certified by a Level 5 Australian Qualified Framework (AQF) qualified arborist, including any electrical works.
Any pruning works must be in accordance with AS 4373:2007, Pruning of amenity trees and not exceed 20% of the live canopy.
Maintenance
The approved sign must be properly maintained by the owner of the property to ensure the signs continue to comply with the Approved Plans and conditions of this Decision Notice.
Cessation of Use
The approved sign must be removed from the site upon cessation of the use.
Site Specific
The two existing Freestanding signs at the location of the approved sign are to be removed and no A frame signage associated with Bay Village is to be located in conjunction or within proximity of the approved sign.
Damage to Services and Assets
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.

referral agencies
Not applicable.
Advisory notes
Not applicable
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building works
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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