20140520 - P&O -MCU13/0251 - Dev App for MCU for Retail Business Shop, Ent & Dining F&B Comm Bus 215 David Low Way Peregian Beach Report

>. 	DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A RETAIL BUSINESS TYPE 2 – SHOP, ENTERTAINMENT & DINING BUSINESS TYPE 2 - FOOD & BEVERAGES AND COMMERCIAL BUSINESS TYPE 1 – OFFICE SITUATED AT 215 DAVID LOW WAY, PEREGIAN BEACH

Author	Development Planner, Jack Lewis
Planning & Infrastructure

Index	MCU13/0251

Attachments	1. 	Locality Plan
2. 	Proposal Plans
3. 	Zone Map

APPLICATION DETAILS
Applicant	Scanlon Property Group – C/ Adamson Town Planning Pty Ltd
Proposal	Development Permit for Material Change of Use - Retail Business Type 2 - Shop, Entertainment & Dining Business - Type 1 Food & Beverages, Commercial Type 1 - Office
Properly Made Date	16 December 2013
Information Request Date	31 January 2014
Information Response Date	27 March 2014
Decision Due Date	25 June 2014
Number of Submissions	37 properly made submissions; and 2 not properly made submissions
PROPERTY DETAILS
Property Address	215 David Low Way, Peregian Beach
RP Description	Lot 77 SP231615
Land Area	23,131m2
Existing Use of Land	Dwelling House (previously a caravan park)
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Open Space Recreation & Semi Attached Housing
Overlays	Biodiversity (Koala Habitat Area), Natural Hazards (Bushfire), Natural Hazards (Potential Acid Sulfate Solis)
Assessment Type	Impact
RECOMMENDATION
That Council note the report by Development Planner regarding Application No. MCU13/0251 for a Development Permit for Material Change of Use for Retail Business Type 2 - Shop, Entertainment & Dining Business - Type 1 Food & Beverages, Commercial Type 1 - Office situated at 215 David Low Way, Peregian Beach and
Approve the application in accordance with the following conditions:

PLANNING
When Conditions must be Complied With
Unless  otherwise  stated,  all  conditions  of  the  Decision  Notice  must  be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed below, unless otherwise amended by the conditions of approval.
Plan No.	Rev.	Plan Name	Date Submitted
DA-03	2	Site Plan, prepared by Red Door Architecture	27/03/2014
DA-04	2	Ground Floor Plan, prepared by Red Door Architecture	27/03/2014
DA-05	2	Elevations, prepared by Red Door Architecture	27/03/2014
DA-06	2	Elevations, prepared by Red Door Architecture	27/03/2014
DA-07	2	Sections, prepared by Red Door Architecture	27/03/2014
DA-08	2	Diagrammatic Perspectives, prepared by Red Door Architecture	27/03/2014
DA-09	2	Perspectives, prepared by Red Door Architecture	27/03/2014
DA-10	2	Perspectives, prepared by Red Door Architecture	27/03/2014

Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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.
Business Uses
The Retail Business Type 2 – Shop, and Entertainment & Dining Business – Type 1 Food & Beverage must not operate outside the hours of 7am to 9pm. Any restaurant uses must not operate outside the hours of Sunday to Thursday 7am to 10pm, and Friday and Saturday 7am to 12 midnight.
Service delivery vehicles must not conduct deliveries outside the hours of 6am and 9pm.
The tenancies are to have a minimum of 50% transparent glazing fronting the internal carpark.

Advertising Signage
Any advertising sign or device is to comply with Council's policies on advertising, alternatively, an application for Operational Works (Signage) is required for any signage in excess of this requirement. The proposed advertising signage on the plans listed within the decision notice is not approved.
Design
The development must be finished in muted tones which blend in with the natural surrounds. The buildings must be finished with the mix of materials and details identified within the approved plans.
Community Management Statement
Any   proposed   Community   Management   Statement   required   for   the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment. All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
Fire Management
The development must be carried out in accordance with the recommendations of a Bushfire Management Plan prepared by a suitably qualified person and an approval for Operational Works.
Certification must be submitted from a suitably qualified person which certifies that the recommendations of a Bushfire Management Plan approved by Council have been incorporated into the development.
A copy of the Bushfire Management Plan approved by Council must be provided to the nearest fire, ambulance and police station.
Koala Management
The development shall be carried out in accordance with the management measures recommended in the Koala Habitat Management Report Solutions Report dated June 2010.
Bicycle Parking & End of Trip Facilities
Secure bicycle racks shall be provided on site to accommodate a minimum of 18 bicycles. The cycle parking rack is to be made available for customers and staff at all times during business hours.
End of trip facilities shall be provided for staff and shall include a minimum of 4 lockers and a minimum of 1 shower cubicle.
Acoustic Report
An acoustic report prepared by a suitably qualified person is to be submitted and approved by council prior to the issue of the Decision Notice for Operational Works.  The acoustic report is to address all potential noise sources from the proposed development and demonstrate that –
mechanical equipment such as ventilation, air conditioning, refrigeration, fans, plant rooms, refuse compactors and pumps etc. and
vehicle movements from waste collection activities and delivery of goods (including refrigerated vehicles, engine noise, fork lifts, compactors etc.) to the service yard and dock area
will not cause an environmental nuisance to the future residential uses on the balance of the site and the existing nearest residential areas when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.  Noise emissions are to comply with the noise requirements under the Environmental Protection Act 1994.
The acoustic report shall include the location of any plant and associated equipment, predicted noise levels and a description of acoustic enclosures and screenings including an acoustic screen along the western boundary to mitigate intrusive noise from delivery and waste vehicles and associated activities.
Certification must be submitted from a suitably qualified person which certifies that the recommendations of a Noise Management Plan approved by Council have been incorporated into the development.
Waste Management Plan
A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, for the day-to-day operation of the development is to be submitted and approved by council prior to the issue of a Development Permit for Operational Works.  The Plan should include the following information as a minimum:
The types of waste that will be generated from the activities approved within the development.
Estimated volumes or tonnage of both recyclables and waste generated.
Methods to be used for dealing with any green waste.
Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
Description of procedures for getting all waste to the bins; the storage of bins and the collection of bins by the contractor.
A description of the design details of waste storage and recycling areas including size, location, elevation, enclosure/s, floor plan and methods of bin washing that prevent contamination of storm water and an appropriately sized bin wash area drained to sewer.
A description of types and volume of waste storage containers to be used.
The waste and recycling storage area should include the provision of correctly sized containers for all waste and recycling materials including putrescible matter, non-recycling waste, paper/ cardboard, glass, aluminium/steel cans, waste oil, styrofoam boxes, etc., and bin washing facilities connected to sewer.
A detailed description of the waste vehicle access to collect waste including vehicle turnarounds consistent with vehicle access requirements that allow vehicles to enter and leave the site in a forward direction.  It should be noted that:
Waste vehicles are front loading for steel bins 1.5 to 3m3 bins
Waste vehicles are rear loading for plastic low noise bins 1.1m3 bins
Waste vehicles are side loading for 240 litre wheelie bins
The advisory notes contain specifications for Refuse Vehicle Access Requirements for design purposes
Outdoor Lighting
Any outdoor lighting with the potential to affect surrounding residential premises shall be designed, installed, operated and maintained in accordance with AS4282 "The Control of the Obtrusive effects of Outdoor Lighting".
During   operating   hours,   all   parking   areas,   pedestrian   areas   and entrances/exits to all stairwells, lifts and public toilets must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.  Lighting must be designed to reduce the contrast between shadows and well lit areas.
Unitywater
Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 30 litres per second.
A single Unitywater installed primary water meter must be provided immediately inside the property boundary.  Additional water meters must be installed for each title of a community title or sub-lease scheme. Meters must be Unitywater approved, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.
Water meters must be located on alternative boundaries to electrical pillars.
The existing Unitywater sewer infrastructure must be relocated clear of the proposed building works prior to commencement of excavation on site.
Written approval to enter and construct must be provided from property owners through which external sewers or relocated sewers traverse. This must be submitted with lodgment of the associated development application for Operational Works.
Easements of between 3 and 10 metres must be provided over all Unitywater sewers located within property boundaries in accordance with the SEQ standards. Easements shall be centred over the pipe. Easement terms shall be the most current registered dealing held by the Department of Natural Resources & Mines and shall not be altered or amended.
Buildings, basements and other structures must maintain a minimum clearance of 1.5 metres from Unitywater sewer mains, and 1.0 metre from a sewer manhole chamber or sewer inspection opening. Any proposed or existing retaining wall crossing Unitywater sewer mains must be self supporting for a minimum of 1.0 metre each side of the sewer pipe and piered below the zone of influence of the sewer.
Storm water retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature, and suitable approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval, Planning Scheme Policy 3 Landscaping Plants and Guidelines and must include in particular:
The works generally shown on the Approved Plans unless amended by these conditions
A minimum 3.5m wide landscaped area on the David Low Way frontage within the site boundary, extending from the bus-stop to the intersection with the unnamed road, with at least 2.5m of the landscaped area at road level
The transformer is not to be located within the landscape setback areas
A minimum 2m wide landscaped area on the unnamed road frontage within the site boundary with at least 1.2m of the landscaped area at road level
a densely landscaped strip along the David Low Way and the unnamed road frontage of the subject site, exclusive of the access driveway, bus stop and pedestrian entry, generally uncompromised by infrastructure items to provide vegetative structural screening of the development from the David Low Way
A minimum of 4 x 100L street trees to the David Low Way frontage and 4 x 100L street trees to the unnamed road frontage shall be provided
landscaping to raised planting beds along road frontages is adequately supported by the provision of structured soils suitable for the approved planting palette selection.
All retaining structures and associated civil infrastructure are to be designed, constructed and certified to accommodate the vegetative structural screening of the development from the David Low Way when the trees are mature.
All fencing to retaining walls tops must be of open construction and suitable for purpose to ensure vegetative screening of the development
Provide a 45L car park shade trees for every 4 car parking spaces including structural soils to all beds
Removal of all bioretention basins from front road setback areas to allow for suitable screening vegetation
Removal of the Pylon sign from the front boundary landscape setback area
Landscaping trees to the David Low Way frontage must be of similar form and type to existing landscaping to the eastern side of David Low Way
With any operational works application, provide details of the level spreader and stormwater swale works outside the development area.
A 5 metre wide easement for access purposes must be registered against the title of the property in favour of Council over the land area from the stub road to the park dedication area on the subject site. The easement must be granted at no cost to Council.
Parkland Restoration and Dedication
An Ecological Restoration Plan for the Park shall be prepared and submitted for Council approval prior to the commencement of use. The park areas of the site shall be revegetated and rehabilitated in accordance with the Council approved Ecological Restoration Plan.
The Ecological Restoration Plan shall be prepared by a qualified and experienced Ecologist, to the reasonable satisfaction of the Council.  The Ecological Restoration Plan (ERP) shall be applicable to the portion of the site to be dedicated to Council as Parkland and address environmental weed removal and control, rehabilitation of existing vegetation communities and revegetation strategies for degraded areas of the area of the site to be dedicated as parkland.  It shall identify all the areas of the park that require ecological restoration, specify actions and works necessary to result in robust, self-sustaining, viable indigenous plant communities and habitat.  The ERP shall aim to revegetate the park areas with suitable native species to resemble the local endemic ecosystem by removing all environmental weeds from the area. The ERP shall detail continual maintenance requirements for a 1 year period (the maintenance period) to enable the revegetation and rehabilitation works to be self-maintaining.
The following, inter alia, shall be addressed and included in the Ecological Restoration Plan and specifications:
specify the required works and actions for each area in terms of:
site preparation (this may include thinning, grass removal, weed removal and control, etc.);
establishment of the missing floristic and structural elements;
The area previously cleared within the proposed park area must include in the replanting within the eastern and western edges of the proposed park boundary a minimum of 8 x 100L Melaleuca quinquenervia to provide relatively instant screening of the east/west clearing path
planting and mulching procedures;
watering procedures;
protection from wildfire, particularly during the establishment phase;
erosion and sediment control;
on-going maintenance;
access for maintenance;
environmental safeguards; and
incorporation of the relevant requirements of all the management plans required by this approval, particularly the Bushfire Management Plan and Koala Management Plan.
A plain wire fauna-friendly fence shall be erected around the eastern interface of the park area to be protected and restored, prior to clearing works and construction activities commencing on site.  The fauna fence will have signs attached restricting entry to authorised persons only.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Following the restoration of the park area in accordance with the approved restoration plan, the land required to be dedicated for park purposes, as indicated on drawing M2358-00-03/C on council file 2010/627 shall be dedicated to the Crown (with Council as Trustee) for parkland for environmental protection purposes pursuant to the Land Act 1994 at no cost to Council.

ENGINEERING
External Works
The David Low Way frontage to the subject site and the intersection of David Low Way with the unnamed road (Road 151) at the south eastern corner of the subject site must be upgraded.  The works must be generally in accordance with drawing No. 13512-1 dated 21 March 2014 prepared by Holland Traffic Consulting and undertaken in accordance with an Operational Works approval. The works must include in particular:
construction of the required intersection islands and linemarking
construction of any necessary widening on the eastern side of David Low Way opposite the intersection, with any works restricted to a maximum incursion width of 0.5m
construction of new kerb and channeling and bus stop in the David Low Way frontage of the site
any associated underground stormwater drainage
any associated realignment or relocation of existing services and lighting
widening and sealing of the existing road pavement
construction of any associated retaining structures
construction of a shared pathway in accordance with the conditions of this Decision Notice
provision of landscaping in accordance with Council requirements
The existing formation of the unnamed road (Road 151) must be upgraded as required to cater for the proposed development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
repair and/or replacement of any damaged sections of kerb and channel
repair and/or replacement of any substandard sections of pavement
repair and/or replace green bike land pavement treatments in accordance with Council requirements
any extension to the formation to facilitate access to the subject site
relocation or extension to the existing stormwater system, services and property accesses
a 30mm asphalt overlay at the completion of the construction works

Road Widening
The property boundary along David Low Way must be realigned to be a minimum of 2.5m from the new kerb line of the bus stop. The affected parts of the site must be dedicated as “Road”.
Site Access and Driveways
A sealed access driveway must be provided from the unnamed road (Road 151) to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover in accordance with IPWEAQ standard drawing SEQ –R052
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the exit to warn motorists of pedestrian movement along the frontage street
fencing or vegetation near the driveway must comply with the sight line requirements as defined in AS/NZS2890.1:2004. The sight lines must be shown on nay plans submitted for Operational Works approval.

Car Parking
A minimum of 85 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
13 staff parking spaces within the total, which are clearly marked for that purpose
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS 2890.1:2004 and AS/NZS2890.6:2009 for the relevant user class
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct customers to the car parking spaces provided on site.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
regular access for a SRV
regular access for a LRV
regular for a waste collection vehicle

Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 2.5 metre wide concrete shared pathway within the road verge for the entire length of the site’s frontage to David Low Way
a 2 metre wide concrete pathway within the road verge for the length of the site’s frontage to the unnamed road (Road 151) extending from the intersection with David Low Way to the entrance to the site
reinstatement of road cycle lanes (minimum of 1.5m in width) and green pavement treatments to delineate bike land and neatly integrate with existing bike land treatments.

Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and must include in particular a detailed Stormwater Management Plan (including MUSIC modeling and reporting) for the construction and operational phases of the development that:
demonstrates that there is no net increase in stormwater runoff (volume and frequency) from the site
includes stormwater quality improvement devices that achieve the current “best practice” water quality objectives
Sediment and Erosion Control Plan during the construction phases
Provision to cater for the stormwater runoff from the adjoining properties and roads that drain through the site, including registration of drainage easements
All structures including infiltration pits, level spreaders etc, located within the developable area of the site and clear of the area to be dedicated as Park.
All buildings proposed on site must be constructed to comply with Council’s Minimum Floor Height requirements at the time of issue of the Building Permit.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height.  All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Acid Sulfate Soils
All works must be carried out in accordance with an Acid Sulfate Soil and Groundwater Management Plan for the development prepared by a qualified person and referenced in a Development Permit for Operational Works. In this regard appropriate testing and supporting documentation prepared by a suitably qualified specialist must be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.

Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval; and

B.	Find the following are sufficient grounds to justify the decision despite the conflict with the 	Planning Scheme:

The proposal provides for a supermarket which will satisfy the top-up and convenience shopping needs of residents and visitors of the locality, and is not otherwise able to be accommodated within the existing Neighbourhood Centre.

The development is located directly opposite the Peregian Beach village and is likely to complement village and contribute to the village as the focal point for the community.

The site has a current development approval which includes a significant retail commercial component and is located between 2 existing commercial uses.

REPORT
PROPOSAL
The proposal seeks to develop a 1,596m2 shopping complex at 215 David Low Way, Peregian Beach. The details of the proposal include:

A 950m2 gross floor area supermarket with 253m2 service area;
393m2 of specialty shops, comprising 5 tenancies ranging in size between 68m2 and 84m2 gross floor area that may be used for a mix of shops, offices and restaurant uses;
62m2 outdoor dining area;
27m2 of amenities;
85 on-site carparking spaces, motorbike and bicycle parking;
Access for service and delivery vehicles; and
The complex is proposed to open 7 days a week, from 7am to 10pm Sunday to Thursday and 7am to Midnight Friday and Saturday.

A copy of the locality plan and proposal plans is included as Attachments 1 & 2.

The development occupies 5,800m2 of the 2.3ha site, with the majority of the building bulk set 4m lower than the existing David Low Way road level. Pedestrian access is proposed in the north eastern corner of the site, which is directly opposite the existing pedestrian crossing in David Low Way, linking the site to the Peregian Beach village. This portion of the site has been designed with an elevated boardwalk, stairs, lift and an outdoor dining area.

Sectional Plans of the proposed development through David Low Way

Vehicle access to the proposed development is from the unnamed road along the southern boundary of the site, with only a left turn out on to David Low Way’s northbound traffic. The carparking area is located generally adjacent to the unnamed road, with access provided to the west for the future development of the remaining areas of the property.

SITE DETAILS
Background
The subject site was originally owned and operated as a caravan park up until 2011. A list of the relevant approvals relating to the site is described below.

Application	Details
07/1259	On the 21 August 2008, Council refused an application for visitor accommodation, restaurants, shops and offices on the site. The applicant then appealed the decision and was subsequently approved by Court Order on the 12 February 2010. The court approved development comprises a commercial building fronting David Low Way as part of stage 1, including 306m² of restaurant, 387m² of retail uses on the ground/podium level and a low cost 58 bed visitor accommodation use on the first floor. To the rear of the site and behind the Peregian Beach Hotel includes 2 accommodation buildings consisting of 32 x 3 bedroom units, pool/BBQ area and 30 individual 2, 3 and 4 bedroom “beach shacks”. This makes up stages 2 & 3 of the development.  The most western portion of the site is to be dedicated to council as parkland for environmental purposes.
10/0627	On the 29 October 2010, Council approved a reconfiguring a lot application (1 into 3 lots), creating the portion to be dedicated to Council for parkland and the commercial lot along David Low Way. This plan has not been lodged for sealing.
07/1259.03	On the 21 January 2012, Council agreed to support the change to the court order, allowing for staging of the development areas.
MCU12/0023	On the 26 July 2012 Council approved a Material Change of Use application for 13 juliette balconies and 70m2 of outdoor dining area.
OPW11/0335	On the 2 September 2012, Council approved the Operational Works associated with the development for visitor accommodation, restaurants, shops and offices.
10/0627.01	An application has recently been lodged for an Extension to Relevant Period for Reconfiguring a Lot (1 into 3 lots). The approval lapses on the 29 October 2014.
132007.1259.04	On the 26 August 2013, the court agreed to an extension to the relevant period for visitor accommodation, restaurants, shops and offices, with the use having to commence before 26 September 2016, with all development required to be completed by the 4 February 2018.

The applicant intends for this development to replace stage 1 of the current approval for visitor accommodation, restaurants, shops and office on the site.

The applicant includes legal advice from Michael Leong (Corrs Chambers Westgarth), confirming that the proposed development is entirely independent of the existing approval for visitor accommodation, restaurant, shops and offices (07/1259).  It is agreed the current application is to be assessed on its own merit over the land comprising the first stage of the existing approval. Should the development be approved, it will be necessary for the applicant to amend the existing approval or apply for a new application to enable both developments to occur.
Site Description
The 2.3ha site is located on the western edge of the Peregian Beach Village and includes frontage to David Low Way, with vehicular access from an unnamed road, which runs off David Low Way.  Two-thirds of the site was previously used as a caravan park, with the western third containing areas of wetland and low lying melaleuca forest.  The eastern portion of the site is located 4m below David Low Way and slopes gradually towards the west.

Adjoining the site to the north east is the Peregian Beach Hotel, fronting David Low Way. Opposite the unnamed road to the south is an existing hardware store, which includes part of the building at road level, with the timber and service areas located below. The closest residential houses to the proposed shopping centre are located approximately 70m away, on the eastern side of David Low Way.

ASSESSMENT
The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan,
the state planning regulatory provisions,
any applicable state planning policies, and
any applicable temporary local planning instrument

South East Queensland Regional Plan
The site is located within the Urban Footprint designation of the South East Queensland Regional Plan.  The regional policies in Part D of the Regional Plan are relevant when assessing a development application.

The proposal will not adversely affect the hierarchy of centres for the region and is consistent with the regional land use intent, regional policies and desired regional outcomes for the designation.
State Planning Regulatory Provisions
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions.

Koala Conservation in SEQ State Planning Regulatory Provisions
The site is mapped within the ‘Koala Assessable Development Area’ and contains ‘Low Value Bushland Habitat’ and ‘Medium Value Rehabilitation’ vegetation. The development triggers assessment against Table 7 of the Regulatory Provisions.
The proposal complies with the regulatory provisions, as no clearing is proposed of non-juvenile koala habitat trees in the mapped bushland habitat and medium rehabilitation areas. In accordance with the regulatory provisions, conditions are recommended for appropriate construction techniques to be carried out in order to not increase the risk of death or injury to koalas on the site.
State Planning Policies
In December 2013, the State Planning Policy replaced the numerous existing separate policies. Part E of the policy contains interim development assessment requirements which are relevant when assessing development applications. The subject site is affected by a number of state interests contained within the policy, which are discussed below:
State Interest - Biodiversity
The western portion of the 2.3ha site adjacent to the Noosa National Park is mapped as regulated vegetation, containing a wetland and wildlife habitat. The policy seeks to ensure that the development avoids significant adverse environmental impacts on these mapped areas.

The current proposal is restricted to the areas adjacent to David Low Way, which is situated outside of these significant ecological areas and is consistent with the assessment criteria within the policy.
State Interest - Water Quality & Acid Sulfate Solis;
The site has potential acid sulfate soils and drains into the environmentally sensitive Noosa National Park to the west. The policy seeks that development minimise adverse impacts on the environmental values of receiving waters and avoids disturbing acid sulfate soils.

A stormwater management plan has been prepared for the current development. Appropriate water quality treatment devices are proposed, to ensure the relevant best practice water quality objectives can be achieved for runoff exiting the site. In regard to the potential disturbance of acid sulfate soils on the site, appropriate management conditions can be imposed as part of any subsequent Operational Works for earthworks.
State Interest - Natural Hazards (Bushfire and Flooding)
The site is partially mapped as being affected by potential bushfire and flood hazards. The applicant has previously provided a bushfire management plan which concludes that the site has an overall low bushfire risk, as well as providing measures to further minimise the risk to people and property.

The proposed development is located outside Council’s Q100 mapped flood hazard areas. The development meets the requirements of the policy in respect to natural hazards.

The Noosa Plan
The subject site is located in the Eastern Beaches Locality and is zoned Semi Attached Housing along the David Low frontage and Open Space Recreation for the balance of the site. A copy of the zoning map is included as Attachment 3.

The Semi Attached Housing zone generally seeks for low density residential development in an urban form expressing domestic scale and form of architecture, rather than commercial. As an exception, The Noosa Plan allows for limited office development within this zone for properties fronting David Low Way, including the subject site north to Woodland Drive.

The Open Space Recreation zone is intended to accommodate a variety of passive and active recreational experiences for the community.  Specific Outcomes are included within the Locality Code seeking the caravan park be retained for low cost visitor accommodation.

The proposed retail and dining uses conflict with both zones and are identified as inconsistent uses required to follow an impact assessment process.

Local Area Provisions
The Overall Outcomes of the Eastern Beaches Locality Code seek to provide for a wide range of local retail, commercial and entertainment and dining uses to be located within the neighbourhood centre, to serve the immediate needs of residents and visitors of the locality.  It is intended that the neighbourhood centre provides an informal village-like atmosphere, with a low key, attractive and safe village square that engenders a ‘sense of place’ and a public focus for local community interaction and activity.

The proposed development presents obvious conflicts with The Noosa Plan provisions as the shopping centre development is not located within the existing neighbourhood centre (known as Peregian Beach village), and is on land zoned Semi Attached Housing and Open Space Recreation.

The Sustainable Planning Act 2009 provides that council may only approve the application if there are sufficient grounds despite the conflict, and the grounds must be matters of public interest. The following discussion topics set out whether there are sufficient grounds for council to approve the application.
Economic Need
The proposed shopping centre is of a relatively small scale (1,596m2 + 62m2 outdoor dining) and is to be anchored by a 950m2 supermarket. A current approval exists on the site for a mix of commercial, retail and visitor accommodation uses, including 387m2 of retail, 306m2 of restaurant and 62m2 of outdoor dining area. This means that the current application represents a net addition of commercial floorspace of 903m2.

The applicant’s economic consultant (Economic Associates) undertook a needs assessment in respect of the current proposal and concludes that the proposed supermarket responds to a gap in the existing provision of retail facilities within Peregian Beach, with no opportunity available to accommodate a supermarket within the existing Peregian Beach village.

Norling Consulting acting on behalf of Council, reviewed the economic report supplied with this application, and agrees that the proposed supermarket would cater for approximately 4,000 persons within the defined catchment area extending from Peregian Beach to Marcus Beach. A community of this size would expect to have access to some form of local convenience retail to satisfy their top up and convenience shopping needs. The site is also better located than the previous application on the Peregian Beach Bowls Club site, with a lower potential to draw tenants away from the village.

Norling also describes how there is only enough need to support one supermarket in the Peregian Beach locality.
Economic Impact
Economic Associates calculates the current application located next to the Peregian Beach village would have a 7.1% impact on the existing traders. Norling Consulting consider that the range is more likely to be 8% to 10%. However, given that there is already an approval for retail and restaurant on the subject site, then it is relevant to note the net impact is estimated to be in the range of only 5% to 7%. This is considerably less than the 12% to 15% impact estimated by Norling for the Peregian Bowls Club application.

The lower impact range is explained by the smaller size of the proposed shopping centre, as well as the the effect of the existing approval for restaurants, shops and offices. The development also has a lower potential to draw tenants away from the village square (with fewer specialties proposed), and the proximity of the subject development to the village square in being able to contribute custom to the existing centre.

The development is located between two existing commercial developments on the western side of David Low Way (Peregian Hotel and Hardware Store), and is located within walking distance to the village. This proposal represents an appropriate extension of the village, with the proposed scale and location of the development not having a significant economic impact on the existing village square.
Built Form
The built form requirements of The Noosa Plan, seek to protect the vegetated character of David Low Way, with new developments to complement the beachside character of the Peregian Beach locality. The Plan also includes specific provisions calling for commercial developments along the western side of David Low Way to present a domestic scale and form of architecture, rather than commercial.

The existing approval includes a two-storey building fronting David Low Way at road level. In contrast, the proposed development sets the buildings below David Low Way and provides for a covered atrium walkway across from the pedestrian crossing to the Peregian Beach village.

The atrium link is designed with an awning extending out over the walkway, with the roof design including a series of paneled cladding parapets setback 3.2m from the front boundary. The paneled parapets appear from David Low Way as generally low-rise, with a maximum height viewable from the road of 4.5m for a portion of the site directly adjacent to the pedestrian crossing. These features assist in complementing the existing low rise built form within the village and includes landscaping to David Low Way.

Although the site is situated within both the Open Space Recreation and the Semi Attached Housing Zones, the provisions of the Semi Attached Housing zone are more pertinent as this zone extends across the David Low Way frontage and is the most visible portion of the site. The key technical built form provisions of the development have been assessed against the Semi Attached Housing zone requirements and are discussed below:

Criteria	Semi Attached Housing Zone	Proposal	Complies
Landscaping Area	10% min (580m2)	580m2	
Landscaping Frontage	2m average	2m average to the unnamed road; ~2m average to David Low Way between the intersection and the transformer; and <2m to David Low Way between the transformer and the northern property boundary (atrium link)	X
Street Setbacks	6 metres min	1.8m to the atrium awning	X
Side Setback	2m	2.4m	
Site Cover	40%	40.7%	X
Roof Form	5 degrees and 600mm eaves	2 degrees with parapets	X
Building Height in storeys in metres	2 storeys max 8 metres max	2 storeys 7.72 metres	

Street Setbacks
The setback to David Low Way is 1.8m to the atrium walkway awning, which is less than the required 6m required for the Semi Attached Housing zone. The awning and parapets are the most visible parts of the building within the front setback and have been finished using a mix of materials, which vary in their finished height and planes. The atrium link is generally open to natural light, with vertical planting and soft landscaping throughout.

This relatively high standard finish assists in highlighting the development’s connection with the village, while also setting back the main building bulk of the tenancies from the David Low Way frontage (4.6m). The development meets the relevant outcomes of The Noosa Plan pertaining to setbacks.

Landscaping Frontage
The Noosa Plan seeks for suitable landscaping in front of the development to lessen the impact of the building’s bulk. The applicant has provided an average 2m of landscaping to the majority of the site’s frontage, excluding the portion of the site adjacent to the transformer, bus stop and atrium link. However in some locations, the landscaping is provided at the carpark level which is below a 4m high retaining wall.

So as to achieve a more meaningful landscape setback and ensure an appropriate landscaping treatment to David Low Way, conditions may be imposed for a minimum landscaped width at road level, and for the landscaping frontage to be extended up to the proposed bus stop. This will require the relocation of the transformer from the frontage of the site.

Artist’s rendition of the David Low Way frontage, looking west towards the atrium link.

Artist’s rendition of the David Low Way frontage, looking west from the unnamed road.

Roof Form
Specific Outcome O12d) requires the main roof of the building include a minimum 5 degree pitch and no box/parapets. The proposal includes a 3 degree roof pitch with parapets. The box parapets have been designed around the atrium link and the supermarket entrance.

The applicant submits that although there are some ‘box like’ elements in the roof form, they are generally limited to small sections of the roof and will not be out of character with the location.

Artist’s rendition of the development, looking north from the carpark.

Considering the roof form does not meet the Specific Outcomes, it is recognised that the applicable Overall Outcomes of the Eastern Beaches Locality Code call for:

d) i. The scale and form of buildings and other structures are designed to be responsive to the informal beachside character of the locality, being low rise buildings, with pitched or curved roofs and building materials that blend with the dune and coastal landscape.

v) ii. Business Uses (within the Neighbourhood Centre Zone) are of a scale and character consistent with the locality and the commercial and retail hierarchy of Noosa.

The development bulk is viewed as being relatively low rise from David Low Way, with the main buildings set below road level and behind proposed landscaping areas along the frontage. The proposed parapets at the frontage, within the atrium link, are also reflective of the existing roof pattern within the village.

The proposed mix of materials and finishes of the building contribute to the development blending in with the coastal landscape and the existing street pattern, consistent with the Outcomes of the Code.

Site Cover
The proposed development slightly exceeds the 40% site cover specified by the Semi Attached Housing zone. The development is set below the David Low Way road level and does not present an appearance of excessive bulk, meeting the outcomes of the code.
Traffic
The applicant has provided a traffic impact assessment as part of the proposed development. The assessment takes into consideration the future development of the remaining areas of the site in conjunction with the shopping centre. Council’s external traffic consultant (Colin Beard) has reviewed the report and agrees that the proposed upgrades to the David Low Way and the unnamed road intersection address the traffic generated by the development and the proposal will not impact on the local road network.

The concept design includes:
A left turn exit only from the un-named road;
Realigning and enlarging the current bus stop;
Relocating the bus shelter within the site as part of the building design;
Improvements to the existing intersection. These improvements may require minor widening (<0.5m) to the eastern side of David Low Way.
Works Codes
Landscaping Code
The development meets the minimum 10% landscaping requirement of the Landscaping Code. Soft landscaping areas have been provided at the David Low Way street level to enhance the streetscape and partially screen the bulk of the buildings. Soft landscaping areas have been provided throughout the carpark and in front of the building to lessen the impact of building bulk. The proposal meets the outcomes of the code, with a detailed landscaping design to follow as part of the subsequent Operational Works application.
Car Parking Code
The Noosa Plan’s Driveways and Carparking Code parking requirement for shopping centres is 1 space per 20m2 for the first 100m2 of use area, plus 1 space per 15m2 for the balance of the use area and 1 per 10m2 for outdoor dining areas. This would generate a parking requirement of 111 spaces.

The development proposes 85 on-site parking spaces including 13 staff, 2 motorcycle, 2 service vehicle and 2 disabled spaces.

The applicant’s traffic consultant (Holland Traffic Consulting) submits that a lesser parking rate of 1 per 19m2 is widely accepted for shopping centre developments. The rate has been developed based on many parking demand surveys at shopping centres, and is lower than the shopping centre parking requirements of most planning schemes (which were typically developed based on outdated parking surveys in the 1980s).
Council’s external traffic consultant (Colin Beard) agrees that the proposed on-site car parking provision should accommodate design peak parking demands for the development proposed and meets the Outcomes of the code.
Business Uses Code
The proposal provides for the required provision of 18 bicycle spaces and end of trip facilities. Conditions may also be imposed for waste storage facilities to be provided in accordance with a waste management plan included as part of the Operational Works application.
Overlay Provisions
The following overlay codes are applicable to this application:
Natural Hazards Overlay (Potential Acid Sulfate Soils)
The code seeks that works do not disturb potential acid sulphate soils or are managed to avoid the release of acid sulfate soils. All works must be carried out in accordance with an acid sulfate soil and groundwater management plan for the development, prepared by a qualified person and included as part of the Operational Works.
Natural Hazards Overlay (Medium Bushfire Hazard Area)
The applicant has previously provided a Bushfire Management Plan for the whole of the site, which concludes that there is a relatively low risk of bushfire given the vegetation adjacent the site, which is wet low heath.  Conditions may be imposed for a revised Bushfire Management Plan to be submitted and approved, reflecting the development footprint, so as to meet the outcomes of the overlay code.
External Consultation - Community & Stakeholder
IDAS Referral Agencies
The application was referred to the Department of Environment and Heritage Protection as a concurrence agency for development on contaminated land (unexploded ordnance). The Department provided Concurrence Agency conditions on the 18 February 2014, requiring investigation and remedial work prior to any earthwork on the site.
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. 37 properly made submissions (35 supporting and 2 objecting) and 2 not properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Issues	Comments
Support the proposed development Reduces the need for the shopping centre at the Peregian Bowls Club site. The subject site is a good location adjacent to the Peregian Village Square, thus complementing the existing centre. The site already has an existing approval for commercial development and is not out of character with surrounding development. The design is low rise and integrates with the existing land form. Improvements to the bus stop and atrium link provide for an attractive streetscape.	Noted.
Traffic Cumulative traffic impacts of this and the visitor accommodation approval on the site will generate more traffic movements to and from the site. Heavy Vehicles accessing the site and the hardware store will have to negotiate the small round about at Heron Street.	The proposed development will generate additional traffic movements to and from the site, requiring upgrades to the intersection. Council’s traffic consultant concludes that the Heron Street roundabout will continue to operate satisfactorily.
Noise No comment has been made about potential noise levels of the entertainment component of the development.	The proposed development has been set below David Low Way and away from surrounding residential properties. Appropriate noise criteria and hours of operation conditions can be imposed, so as to ensure the surrounding residential amenity is not adversely impacted.
Lighting Security lighting will disturb the amenity of surrounding residents opposite David Low Way.	Lighting within the development can be conditioned to include hoods to prevent spillage outside of the site.
Signage The propose signage is inappropriate for the location	It is agreed that the proposed large pylon and fascia signs are inappropriate for the development. A subsequent Operational Works application is required to be submitted to Council for any signage.
Incorrect Advertising Public notification signage provided to the road frontages did not contain the use definitions under the planning scheme.	The letter sent to the adjoining owners and the notice in the newspaper describes the development in terms of the use definitions. The signage on the site describes the development ‘supermarket (1203m2) specialty retail (shop, restaurant & office – 393m2)’. The applicant describes that this provides for a more accurate description of the uses that are intended for the land, rather than rely on the planning scheme definitions in isolation. The public notification has been undertaken in accordance with the Sustainable Planning Act 2009 with the community reasonably able to ascertain what uses are proposed.
CONCLUSION
The report provides an assessment for a 1,596m2 shopping complex, anchored by a 950m2 supermarket at 215 David Low Way, Peregian Beach. The site was previously used as the Peregian Beach Caravan Park, which has since closed, following the court order approval in 2010 for visitor accommodation, restaurants, shops and offices. The current proposal essentially replaces stage 1 of the existing approval.

This assessment finds there is an economic need for a mid-range supermarket within Peregian Beach. The impacts of such a shopping centre located next to the village square will not significantly impact on the trading viability of the existing centre. The proposed layout of the supermarket sets the development below David Low Way and away from the street frontages, screening much of the building’s bulk. The design provides an atrium walkway link to the pedestrian crossing to the village, creating a meaningful connection from east to west across David Low Way.

Council’s traffic consultant advises that the proposed traffic upgrades to relocate the existing bus shelter and improve the existing intersection, will address the traffic generation and ensure the surrounding road network continues to operate satisfactorily.

Section 326(1)(b) of the Sustainable Planning Act 2009 require the assessment manager’s decision must not conflict with the Planning Scheme, unless there are sufficient grounds to justify the decision, despite the conflict. Whilst the proposed uses raise a conflict with The Eastern Beaches Locality Code, it is considered that the following grounds are sufficient to support the proposal:

The proposal provides for a supermarket which will satisfy the top-up and convenience shopping needs of residents and visitors of the locality, and is not otherwise able to be accommodated within the existing Neighbourhood Centre.

The development is located directly opposite the Peregian Beach village and is likely to complement village and contribute to the village as the focal point for the community.

The site has a current development approval which includes a significant retail commercial component and is located between 2 existing commercial uses.

The application is therefore recommended for approval, subject to conditions.
Previous Council Consideration
Nil.
Finance & Risk
Addressed in the body of the Report.
Consultation
External Consultation - Community & Stakeholder
Addressed in the body Report.

Internal Consultation
Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health	X	DA Planning
	Community Facilities	X	Strategic Land Use Planning
	Cultural Facilities	X	Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities

ATTACHMENT 1
Locality Plan

ATTACHMENT 2
Proposal Plans

ATTACHMENT 3
Zone Map

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	20 MAY 2014

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