Further Report - Development Application For Material Change Of Use For A Mixed Use Development (Service Station, Shop, Fast Food Restaurant, Car Wash, Self Storage Facility And Tourist Park At 125 Myall Street Cooroy (MCU14/0056)

FURTHER REPORT - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A MIXED USE DEVELOPMENT (SERVICE STATION, SHOP, FAST FOOD RESTAURANT, CAR WASH, SELF STORAGE FACILITY AND TOURIST PARK AT 125 MYALL STREET COOROY (MCU14/0056)

Document information

Author	Denis Wallace, Coordinator Planning
Planning & Infrastructure Department

Index	ECM/ Application/ MCU14/0056

Attachments	1.	Amended Proposal Plan

RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Organisation Committee Meeting dated 21 July 2015 and refuse Application No. MCU14/0056 for a Development Permit for Material Change of Premises for a Mixed Use Development comprising: Retail Business Type 5 - Vehicle Uses (Service Station & Car Wash), Entertainment & Dining Business Type 1 - Food & Beverages (Fast Food Restaurant), Retail Business Type 2 – Shop (Convenience Retail), Industrial Business Type 1 – Warehouse (Self-Storage Facility), Visitor Accommodation Type 2 - Caravan Park (Tourist Park), situated at 125 Myall St, Cooroy for the following reasons:
The development raises significant conflicts with The Noosa Plan and its land use intent for the rural zone and water supply catchment area.
The development represents a substantial expansion of Cooroy’s commercial precincts that will further disperse and fragment its business centre, which is undesirable.
The development will compound existing traffic problems at the Myall Street & Elm Street intersection, which is undesirable.
The applicant has not demonstrated sufficient grounds exist to overcome the development’s conflicts with The Noosa Plan, with only low to moderate overall need apparent for the development.

REPORT
A report on an application for a mixed use development at 125 Myall Street, Cooroy was included on the Planning & Organisation Committee meeting agenda dated 28 April 2015 (Item 3, Page 8) and was considered by the General Committee on 4 May 2015.  At its Ordinary Meeting of 7 May 2015 Council resolved to defer consideration of the application to a future meeting, with discussion at the General Committee indicating a deferral would allow staff to hold further discussions with the applicant about the proposal.
Following the deferral, staff conducted a site inspection and discussions with Councillors to seek their views on the development and met separately with the applicant to convey the primary issues raised by Councillors.  The primary issues raised with the applicant were:
Broad recognition of the need for a tourist park;
A preference for the tourist park to be repositioned away from the highway toward the Myall Street frontage for improved amenity and increased visibility;
Need for an increased riparian buffer to the creek within the site;
Consideration of the need for a roundabout at the entrance to the site; and
Concern with the large undeveloped portions of the site likely to result in further development.
Staff also expressed concern with the water supply catchment and need issues raised in the assessment report.
On 29 June 2015 the applicant provided an amended proposal plan and some brief commentary regarding the issues.  The applicant also agreed to extend the decision period to 9 August 2015 to allow Council further time for its assessment.  The amended plan included as Attachment 1 provides an increased riparian buffer but otherwise generally maintains the previous components and layout of the development.  Discussion of the issues raised with the applicant is provided below.
Riparian Buffer
The proposal plan has been amended to provide a 30m buffer from the top of the creek bank running through the south-western portion of the site.  Water treatment bio-basins have been removed from the buffer area, with the exception of a small basin required to treat runoff from the Myall Street road widening.  Conditions could be applied in relation to the location or design of this basin.
A 30m buffer was identified by Council’s Environment Officer as the minimum width suitable to protect the creek’s habitat value and allow for rehabilitation.  The buffer represents a compromise between the 10m buffer originally proposed and the 75m+ sought by the Biodiversity Overlay Code.  The creek’s location adjacent to the highway and modified upstream and downstream conditions were noted in the original assessment and the amended buffer is considered acceptable.
Tourist Park Amenity
In regard to the acoustic amenity and position of the tourist park component, the applicant responded:
The previously submitted Acoustic report by MRG Environmental (18/01/2015) assesses the impacts of road traffic and internal operational noise on the proposed Tourist Park. The report concludes that with the provision of acoustic barriers and treatment of facades to the cabins in accordance with accepted standards (MP4.4), road traffic noise is mitigated to achieve the nominated noise level criteria. Similarly, commercial noise impacts are mitigated so as to achieve nominated noise level criteria by incorporating design elements and management of on-site operations. The Acoustic Report can be reasonably included by Council as part of any approval documents with compliance with the conclusions contained in the report conditioned accordingly. The Department of Transport and Main Roads who administer noise impacts from State controlled roads, have considered the application and the submitted acoustic report and have provided their approval (24/02/2015) inclusive of conditions. We therefore believe the development as proposed and with the measures contained within the acoustic report ought to be supported by the Council.
No changes to the tourist park layout are proposed.  During the discussions the applicant acknowledged the cabins will require a number of acoustic attenuation measures and the tourist park would experience highway noise but the applicant felt this is commensurate with the site’s location and reasonably expected by visitors.
Myall Street Entrance
The applicant maintains its Myall Street entrance design in accordance with its submitted traffic report and does not share the view of Council’s consultant traffic engineer that a roundabout entrance is required.  The applicant’s response states:
The previously submitted Traffic Report by Pekol Traffic and Transport (15/01/2015) assessed, amongst other matters, the intended access to the development. It is proposed to provide a single point of vehicular access to the site from Myall Street. The site access would be an all- movement intersection and includes provision for a left turn auxiliary deceleration lane and a channelized right turn treatment. Within the assessment of this access arrangement, the report states that “the Myall Street site access intersection is expected to experience ‘excellent’ operations during all periods.”. The Department of Transport and Main Roads who control this section of Myall St, reviewed the traffic report and provided their approval (24/02/2015) inclusive of conditions. We therefore believe that the access arrangement proposed ought to be supported by the Council.
Council’s consultant traffic engineer, Colin Beard, maintains his view that should the development be approved as proposed and background traffic growth exceeds that assumed by the applicant, traffic conflicts will occur at the Myall Street access - initially with vehicles exiting the site and later with those entering the site.  In Mr Beard’s opinion, the conflicts would require future median and turn exclusion works but these are inappropriate for a development of this type and a roundabout is reasonably required.
Undeveloped Balanced Lands
In regard to the extent of undeveloped balanced land resulting from the proposal, the applicant responded:
Creekgold Pty Ltd, the applicant and owner of the site has no plans for development on the balance of the site not currently shown for development. Whilst a motel was considered as a possibility to the south of the entry from Myall St, it was not progressed with after the client received advice on the current economic viability of both a tourist park and motel on the site.  Further, the application originally submitted to the Council included that part of site to the north of the service centre building as part of the larger retail shop component. In response to Item 4 within the Council’s information request, the size of the retail component was reduced from 1144m2 to 190m2 with a subsequent reduction in the development footprint at the northern part of the site next to Ferrell’s Rd. Any approval will limit development to that shown on the approved Site layout plan. Development beyond that approved will require a new application to be submitted to Council. Importantly, there is “no change in zoning” given effect by approval of the current application. The land will remain zoned Rural. Any future application (should it ever be considered) will be considered on its merits against provisions of the planning scheme in force at that time.
By way of information - the applicant/owner is now the registered owner of land at 5 Garnet St, Cooroy (the Wimmers site). The applicant / owner is proceeding with the preparation of a development application over that site for a retail facility of approx. 1225m2.
The original assessment report acknowledged Council is unable to assess the impacts of future development, however, it highlighted that approval of the development would reduce the degree to which the site can be considered rural or non-urban in future.  As such, staff concerns with urban form and traffic impacts remain unchanged.
Water Supply Catchment Area
The increased buffer somewhat reduces concerns with development within the Water Supply Catchment area by improving runoff water quality outcomes.  However, the broad planning issues raised in the original assessment report relating to The Noosa Plan’s precautionary approach to development in the catchment remain generally unchanged.  The applicant has not demonstrated an overriding benefit to the community from the development.  There is no urgent need for the uses generally proposed, apart from some need for the tourist park.
Conclusion
The amended proposal plan now provides an adequate buffer between the development and the creekline.  This area can be rehabilitated with plantings to improve habitat values and improve water quality for runoff from the site.  The original assessment report identified the riparian issue in the reasons for refusal but that reason no longer applies.
The development is otherwise unchanged and the concerns raised in the original assessment report remain.  The staff recommendation for refusal is maintained, however, the amended recommendation removes the 4th reason from the previous recommendation relating to the riparian buffer.

Previous Recommendation
Planning & Organisation Committee Report, 28 April 2015
That Council note the report by the Coordinator Planning to the Planning & Organisation Committee Meeting dated 28 April 2015 and refuse Application No. MCU14/0056 for a Development Permit for Material Change of Premises for a Mixed Use Development comprising: Retail Business Type 5 - Vehicle Uses (Service Station & Car Wash), Entertainment & Dining Business Type 1 - Food & Beverages (Fast Food Restaurant), Retail Business Type 2 – Shop (Convenience Retail), Industrial Business Type 1 – Warehouse (Self-Storage Facility), Visitor Accommodation Type 2 - Caravan Park (Tourist Park), situated at 125 Myall St, Cooroy for the following reasons:
The development raises significant conflicts with The Noosa Plan and its land use intent for the rural zone and water supply catchment area.
The development represents a substantial expansion of Cooroy’s commercial precincts that will further disperse and fragment its business centre, which is undesirable.
The development will compound existing traffic problems at the Myall Street & Elm Street intersection, which is undesirable.
The development is partly proposed within a mapped riparian buffer area on the site, with insufficient basis provided to justify a reduced buffer.
The applicant has not demonstrated sufficient grounds exist to overcome the development’s conflicts with The Noosa Plan, with only low to moderate overall need apparent for the development.

Previous Council Resolution
Ordinary Meeting, 7 May 2015, Item 3, Page 6
That Council note the report by the Coordinator Planning to the Planning & Organisation Committee Meeting dated 28 April 2015 and defer consideration of Application No. MCU 14/0056 for a Mixed Use Development at 125 Myall Street, Cooroy to a future Council Meeting.

Consultation
External Consultation - Community & Stakeholder
Further comment was sought from Council’s consultant traffic engineer.
Internal Consultation
Discussions were held with Councillors, as noted in the report.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health	X	DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		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
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	21 JULY 2015

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	21 JULY 2015