Change To An Existing Approval For Industrial Businesses, Service Station, Convenience Shop And Food Outlet & Operational Works (Signage) At 139 Eumundi Noosa Rd & 30 Lionel Donovan Drive, Noosaville - MCU14/0102 & OPW15/0051

cHANGE TO AN EXISTING APPROVAL FOR INDUSTRIAL BUSINESSES, SERVICE STATION, CONVENIENCE SHOP AND FOOD outlet & operational works (signage) AT 139 EUMUNDI NOOSA RD & 30 LIONEL DONOVAN Drive, NOOSAVILLE - MCU14/0102 & OPW15/0051

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / MCU14/0102.01 & OPW15/0051

Attachments	Nil

APPLICATION DETAILS
Applicant	Empirica Developments C/- DFS Group
Proposal	Change to an Existing Approval
Properly Made Date	11 August 2015
Decision Due Date	24 September 2015

PROPERTY DETAILS
Property Address	139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
RP Description	Lot 4 SP 159610 and Lot 31 SP 170751
Land Area	4166m² and 3574m² = 7740m²
Existing Use of Land	Lot 4 - Mechanical repairs, car sales yard and plumbing supply business Lot 31 - Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazards Overlay – Low Potential Acid Sulfate Soils
Assessment Type	Change to an Existing Approval

RECOMMENDATION
That Council approve the request to change a development approval for a Material Change of Use and Operational Works (Signage), Application No MCU14/0102 and OPW15/0051, situated at 139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville, in accordance with the following:
A.	Agree to Change Conditions 2, 6, 23, 24 of the Material Change of Use to read as follows:
2.	Development 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
DA-01-01	K	Site layout, prepared by Powe Architects	14/08/2015
DA-01-02	F	Site – Roof & Signage Location Plan, prepared by Powe Architects	14/08/2015
DA-02-01	E	Floor Plans, prepared by Powe Architects	14/08/2015
DA-02-02	C	Floor Plans, prepared by Powe Architects	14/08/2015
DA-03-01	D	Elevations, prepared by Powe Architects	14/08/2015
DA-03-02	D	Sections, prepared by Powe Architects	14/08/2015
SD-01	F	Landscape Concept Plan and Section, prepared by DFS Group	05/08/2015
SD-02	F	Landscape Concept Plan and Elevation, prepared by DFS Group	05/08/2015
SD-03	F	Design Intent & Suggested Plant Palette, prepared by DFS Group	05/08/2015
6.	The approved Gross Floor Area of the Entertainment and Dining Business – Type 1 – Café is 151m².
23.	A minimum of 62 car parking spaces and 8 motorcycle spaces and 1 waiting bay in front of the Entertainment and Dining business must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
a minimum of 3 disabled parking spaces within the total
vehicle queuing for the drive through must be generally in accordance with the approved plans.
24.	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. In this regard a ‘Keep Clear’ zone must be line marked near the Lionel Donovan Drive access in accordance with the approved plans.
B.	Agree to Change Condition 8 of the Operational Works (Signage) to read as follows:
8.	All sign illumination must be switched off between 11:00pm and sunset of the following day except if a service station or an Entertainment and Dining business illuminated sign which may remain on during trading hours.

REPORT
PROPOSAL
The application seeks approval for a Permissible Change to the existing development approval to incorporate a drive through for the Entertainment and Dining Business. In this regard the following changes are proposed:
the drive through to be located to the rear of the service station/convenience shop/entertainment and dining business building
shifting the service station/food beverage building, vehicle entry/exit points to Eumundi Noosa Road and bowsers and canopy slightly to the north.
reduction of car parking from a total of 69 spaces to 66 spaces
a change to the size of the Industrial tenancies (a total reduction of 50m²)
The building elevations largely remain the same as previously approved.
The proposed layout is shown in Figure 1 below:

Figure 1 – Location of the drive through
Background
A Development Permit for Material Change of Use for various industrial businesses, a service station/convenience shop and a food outlet and Operational Works for signage was issued on 4 June 2015 and took effect on 10 August 2015.
At the time, the original application was publicly notified 14 properly made submissions were received (1 objection and 13 in support). The objection was primarily concerned with car parking, traffic generation, fuel storage and the financial viability of existing food outlets.
assessment
Statutory Process
The proposed change to the development approval requested by the applicant is considered to constitute a permissible change because:
The change would not result in a substantially different development as there is no change to the approved uses onsite and only minor changes to the built form;
The change would not trigger a new referral to the State Assessment and Referral Agency;
The original application was impact assessable and the proposed changes would not likely cause a person to make a properly made submission as the changes are minor layout changes and the community is well aware of the development, being recently advertised in April/May 2015.
The changes do not involve prohibited development.
On this basis, the applicant is considered to be following the lawful process in making the request.
State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
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
Statutory Provisions – Planning Scheme
The current approval includes a number of consistent industrial business uses and a 24hr Entertainment and Dining Business (food outlet). The food outlet is an inconsistent use within the Industry zone but was approved as the applicant demonstrated an economic need for the use. Council also generally considered a 24hr food outlet less likely to impact on the existing ‘tradies cafes’ in the Noosaville Industry Estate.
The change does not include any new uses but seeks a layout change to incorporate a vehicle drive through for the approved 24hr food outlet use. The Noosa Plan does not differentiate a 24hr food outlet use with a drive through as a separate use. As such the assessment is to ensure the drive through does not cause traffic conflict within or external to the site.
The vehicle entry and exit points to Eumundi Noosa Road, the bowser canopy and the food outlet/service station building have been moved slightly to the north to allow for the drive through lane along the southern boundary, as shown in Figure 1 above. The drive through will generate some additional traffic movements within the site. The applicant has provided queuing space for approximately 7 vehicles prior to the ordering point, 3 prior to the pickup point and 1 dedicated waiting bay in front of the food outlet building; being a total queuing for around 11 vehicles.  Additional turning paths have also been provided that demonstrate there will be no manoeuvring conflicts within the site, to the Eumundi Noosa Road or to Lionel Donovan Drive.
The total number of car parking spaces onsite has been reduced from 69 to 66 spaces (including 8 motorcycle spaces, 1 additional car space and 1 waiting bay). This is due to the reduction in the use area of the food outlet and a rearranging and minor reduction of the industrial tenancy sizes. The Planning Scheme requires the proposal provide a total of 64 car spaces. The proposal exceeds this requirement and in addition, has provided queuing for approximately 11 vehicles at the drive through.
The proposed changes meet the Planning Scheme requirements and are recommended for approval.
The following conditions are requested by applicant to be changed to reflect the amended layout.
Changes to Conditions – Material Change of Use
Details and assessment of the requested changes to the existing conditions are provided below.
Condition 2 – Approved Plans
Approved Plans
2.	Development 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
DA-01-01	C	Site layout, prepared by Powe Architects	20/03/2015
DA-01-02	E	Site – Roof & Signage Location Plan, prepared by Powe Architects	1/04/2015
DA-02-01	B	Floor Plans, prepared by Powe Architects	18/03/2015
DA-02-02	B	Floor Plans, prepared by Powe Architects	18/03/2015
DA-03-01	C	Elevations, prepared by Powe Architects	20/03/2015
DA-03-02	C	Sections, prepared by Powe Architects	20/03/2015
SD-01	E	Landscape Concept Plan and Section, prepared by DFS Group	27/03/2015
SD-02	E	Landscape Concept Plan and Elevation, prepared by DFS Group	27/03/2015
SD-03	E	Design Intent & Suggested Plant Palette, prepared by DFS Group	27/03/2015
Applicant’s Request
The applicant requests to amend the table in Condition 2 to reflect the new layout for the drive through food outlet use.
Assessment
Agree. The change reflects the amendments to the site layout.
Condition 6 - Gross Floor area and Use Area
6.	The approved Gross Floor Area of the Entertainment and Dining Business – Type 1 – Café is 137m² and 43m² of outdoor dining.
Applicant’s Request
As a result of the drive through, the café’s Gross Floor Area has been increased from 137m² to 151m² and the outdoor dining area (use area) has been removed.
Assessment
Agree. The approval is for a total of 180m² (137m² GFA plus 43m² outdoor dining) for the use of the Entertainment and Dining Business. The requested 151m² is in essence reducing the total area for the use of the Entertainment and Dining Business. This also reduces the car parking requirement for the use.
It is recommended Condition 6 is amended to read as follows:
6.	The approved Gross Floor Area of the Entertainment and Dining Business – Type 1 – Café is 151m² 137m² and 43m² of outdoor dining.
Condition 23 – Car parking
23.	A minimum of 67 car parking spaces and 8 motorcycle spaces must be provided and marked on the site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
a minimum of 3 disabled parking spaces within the total.
Applicants Request
It is requested the condition be amended to reflect the number of car parking spaces required by the amended proposal.
Assessment
Agree in part. It is agreed to amend the condition to reflect the reduced car parking requirements. However, to ensure that manoeuvring conflicts do not occur and the proposal is constructed with sufficient queuing and a waiting bay, it is recommended that Condition 23 be amended to read as follows:
23.	A minimum of 67 62 car parking spaces and 8 motorcycle spaces and 1 waiting bay in front of the Entertainment and Dining business must be provided and marked on the site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
a minimum of 3 disabled parking spaces within the total
vehicle queuing for the drive through must be generally in accordance with the approved plans.
Condition 24 – Line marking
24.	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.
The applicant has not requested an amendment to Condition 24. However, the applicant has been contacted and agrees a change is acceptable.
It is recommended that Condition 24 be amended to include reference to specific line marking required near the Lionel Donovan drive access to ensure traffic flow entering and exiting the site. It is recommended Condition 24 is amended to read as follows:
24.	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. In this regard a ‘Keep Clear’ zone must be line marked near the Lionel Donovan Drive access in accordance with the approved plans.
Changes to Conditions – Operational Works (Signage)
Condition 8 – Illumination
8.	All sign illumination must be switched off between 11:00pm and sunset of the following day except if a service station illuminated sign which may remain on during trading hours.
Applicant’s Request
It is requested the condition is amended to allow signage associated with the food and beverage tenancy to be illuminated 24 hours. It is common practice for signage associated with such a use to be illuminated at night.
Assessment
Agree. It is reasonable to allow a 24hr food outlet to have illuminated signage during trading hours. It is recommended Condition 8 is amended to read as follows:
8.	All sign illumination must be switched off between 11:00pm and sunset of the following day except if a service station or an Entertainment and Dining business illuminated sign which may remain on during trading hours.
Internal Consultation
The application was forwarded to Council’s Engineering Officer.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health		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

[word/footer1.xml]
Page 7 of 7

[word/footer2.xml]
Page 1 of 7

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ORGANISATION COMMITTEE MEETING REPORT	15 SEPTEMBER 2015

[word/header3.xml]
3

[word/header4.xml]
PLANNING & ORGANISATION COMMITTEE MEETING REPORT	DD MONTH YYYY

[Attachment: image1.png (image text)]
 

   
 

 

a6)
Drive through ad