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DFS Cover Letter - PC (00026176)

Attached to the e-mail MCU14/0102.03 Clarification of requested changes.

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Your Ref: MCU14/0102.03 & OPW15/0051
Our Ref: 14124 / 16674pf.pf




19 January 2016


The Chief Executive Officer
Noosa Shire Council
Via: [email protected]

Attention: Mr Denis Wallace


Dear Denis

Permissible Change Request - Signage
Development Permit for Material Change of Use for Industrial business Type 1
Warehouse; Industrial business Type 2 Production, alteration, repackaging &
repairing; Retail business Type 2 Shop & salon; Retail business Type 5 Vehicle uses
and Entertainment & dining business Type 1 Food & beverages and Development
Permit for Operational Work (Signage) on land at 139 Eumundi Noosa Road & 30
Lionel Donovan Drive Noosaville being legally described as Lot 4 SP 159610 & Lot
31 SP 170751 (Council reference: MCU14/0102.03 & OPW15/0051)

In support of the above request for a permissible change to seek to change some of the
signage requirements for the development, we hereby offer the following further
representations for council’s consideration as part of its assessment of this matter.

Current Signage Requirements
At present, the development approval sets out the signage requirements as conditions of
the approval (OPW component) – conditions 112 to 123. Of these, Condition 114 is the
main condition impacting on the size, scale and amount of illumination. Condition 114 is
repeated below for convenience:

    a. one freestanding pillar sign per frontage with a maximum height of 5m. Any pillar
       sign fronting Walter Hay Drive must be setback half its height from the boundary.
    b. tenant 1, 2, 3, 4 and 5 (as described on the approved plans) wall signs must not
       exceed a single sign face area of 4m² and a maximum total sign face area of
       10m² each.
    c. one illuminated sign per frontage.

Request for Changes to Condition 114
Given the nature of uses approved for this site, particularly the service station and 24 hour
food and beverage use, and the site’s location amongst other industrial and commercial
uses, the requirement to restrict the number of illuminated signs to “one per frontage” (ie.
a total of three for the entire development) is considered unreasonable and too
restrictive.

In respect to the proposal plans submitted with this request (in earlier
correspondence), you will note that the food and beverage use is seeking 5
illuminated signs – all of which comply with the maximum sign face area and total
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signage per tenancy. The proposed fuel tenant is seeking three illuminated signs (1m2
each) on the fuel canopy – these will also comply with the size and total signage
requirements per tenancy. Hence, these two tenants alone seek a total of 8 illuminated
signs as part of the normal operations of their businesses, and this amount of illumination is
not considered excessive. It is clear from this that the current requirement is too limiting.

The proposed tenants for these two key tenancies are global businesses and have
standardised branding. As Council would understand, their business models are based
on fundamental criteria and one of these would be signage and visibility. Also,
importantly, they are 24 hour operations which Council specifically supported as part of a
recent request to change the approval (September 2015). Condition 119 under the
signage approval was specifically amended to permit illuminated signs throughout the
night for the service station and food and beverage tenant. This change to the DA and
the condition suggest an underlying expectation that there will be illuminated signage
associated with these tenancies. It is a question of what is a reasonable number of
illuminated signs for the uses proposed.

In regard to the Advertising Devices Code, it sets the following principles as its primary
assessment criteria:

        advertising devices complement and do not detract from the desirable
        characteristics of the natural and built environment in which the advertising
        devices are exhibited;
        advertising devices are designed and integrated so as to minimise visual clutter;
        advertising devices do not detract from the visual amenity of the major road
        network nor from the rural or residential amenity enjoyed by residents of and
        visitors to Noosa; and
        advertising devices are safely constructed and secured and do not create a
        hazard.

The key points in addressing the proposed signage against the above criteria and the
code in general are:

        The local area is characterised by predominantly industrial and commercial uses
        adjacent to a main thoroughfare where this particular part is dominated by
        vehicle sales activities. The character reads as collection of diverse industrial and
        commercial activities in large and small premises where the built form is as
        eclectic and the range of uses.
        There is no consistent theme or pattern of signage and it appears as being ‘busy’
        rather than subdued as an overall description of the character. This is not unusual
        for an established industrial area.
        Eumundi-Noosa Road is a major, arterial type road, carrying significant traffic in
        and out of the Noosaville locality. This has a significant bearing on the character
        of the area.
        The proposed signage complies with the size and scale of signage that Council
        has approved for this development and as such, the proposed signage is, by
        definition, reasonable for the site’s size and location.
        In terms of compatibility with the character of the locality, the proposed signage is
        modern and of a style and nature that would be expected given the uses


January 2016                     Empirica Developments – Change Approval                    Page 2

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        involved (ie. franchised service station and food outlet). The proposed signage is
        considered to fit neatly into the diverse style of signage throughout this local area
        and does not detract from the existing natural and built form in this locality.
        The proposed signage has been design to compliment or fit with the proposed
        building design and as such seeks to minimise visual clutter.
        This is not a residential area so any illuminated signs will not create impacts on
        residential amenity.
        The area is already well illuminated at night given the types of businesses nearby
        (ie. vehicle sales etc) and the street lighting and again any illumination from the
        proposed signage will be consistent with the level of existing illumination rather
        than causing impacts or nuisance.
        The proposed signage will be designed to safely constructed and secure.
        And finally, the proposed signage is considered to be a significant improvement
        to the existing on-site signage through providing for an orderly, modern and
        cohesive signage treatment.

We ask that Council take into consideration the above points and that the development
approval be amended to permit a greater number of illuminated signs and any
consequential amendments necessary to support the proposed signage plans submitted.

Please do not hesitate to contact the writer on 5443 5566 should you have any queries.

Yours faithfully
DFS Group



Peter Folker
Director

Att:    Attachments A & B

cc:     Empirica Developments Pty Ltd




January 2016                        Empirica Developments – Change Approval                Page 3

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