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16187pf.mv

Attached to the e-mail MCU14/0102 - Response to information request - Email 1 of 2. 139 Eumundi Noosa Rd & 30 Lionel Donovan Drive Noosaville.

of 11

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Council’s Ref:   MCU14/0102
Our Ref:         14124 / 16187pf.mv



2 April 2015


The Chief Executive Officer
Noosa Council
PO Box 141
Tewantin QLD 4565

Via: [email protected]


Attention: Glen Conforti


Dear Sir,

Response to Information Request
Development application for Development Permit for Material Change of
Use of Premises 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, Retail
Business Type 6 Hardware Store & Entertainment & Dining Business Type 1
Food & Beverages on land at 139 Eumundi Noosa Road & 30 Lionel
Donovan Drive, Noosaville (Council ref. MCU14/0102)

Following is our client’s (the applicant) response to Council’s Information
Request issued by letter dated 27 January 2015. Please note that this response is
made pursuant to the Sustainable Planning Act 2009, wherein the applicant is
responding by giving “all of the information requested…”

Each issue raised by Council has been provided below, with the applicant’s
response provided underneath each issue.

1. Please provide an amended plan with the development setback a minimum
   of 4.5m to Lionel Donovan Drive.

Applicant’s response
The proposal has been amended and now provides a setback of 15.10m to
Lionel Donovan Drive. Refer to the amended proposal plans provided in
Appendix A.

2. Provide a greater setback to Walter Hay Drive to reduce the prominence of
   the development to this frontage.

Applicant’s response
The proposal plans (refer Appendix A) have been amended to now provide a
building setback to Walter Hay Drive ranging from 6m (north eastern corner of
the proposed building) to 10.59m at the widest point. The average setback
would be between 7 & 8 metres.
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Whilst the main part of the building has not been moved further away from the
frontage to Walter Hay Drive, the applicant has made amendments to address
this RFI item, particularly the requirement to reduce the prominence of the
development to this frontage (addressing specific outcome (O193). These are
described as follows:

        The north-eastern corner of the building has been truncated (“cut out”)
         to set this part of the building further away from the boundary (a further 2
         to 3 metres) to now achieve a 6 to 7 metre setback at this nearest point;
        The truncation adds both an additional landscaped area and visual
         interest to the building at this location;
        The bio-basin has been significantly reduced in size which has in-turn
         increased the area for landscaped screening considerably (refer
         amended landscape concept plans for details of the proposed planting
         and screening); and
        A simple painted pattern has been added to the Walter Hay Drive
         (WHD) elevation. This is an abstract representation of tree trunks in
         natural colours to act as a background to the (real) planting in this
         location.

Notwithstanding that the proposed development does not fully achieve the
10m setback set out in Probable Solution S193.1, the proposed landscaping
treatment is considered a superior outcome in any case and compliant with
O193 (Specific Outcome). This is achieved through the following measures and
can be seen in the Landscape Detail Plan & Elevation (refer Appendix B):

        Providing for the protection and retention of existing vegetation;
        Comprising tiered, dense plantings at the north eastern most corner of
         the site to buffer the area of the building closest to Walter Hay Drive;
        Providing a mixture of advanced and tube stock planting to allow for an
         initial screening treatment. At maturity, this is considered to relate to a
         70/30 split in terms of visual prominence;
        Incorporating close centre plantings (consistent with the existing
         vegetation along Walter Hay Drive) to provide for smaller trunk diameters
         and thus reducing the opportunity for vehicle crash damage, whilst
         maintaining an appropriate level of screening;
        Providing for a double tiered planting scenario (north and south of the
         bio-retention basin);
        Incorporating a planting schedule which will maintain a consistent
         physical structure and species composition with the existing vegetation
         along Walter Hay Drive; and
        A detailed landscape plan will be provided at the Operational Works
         stage.

To lend further weight to the proposed setback, we undertook an analysis of
existing developments with frontage to Walter Hay Drive. The results of this
analysis are as follows (and illustrated in Appendix C - Walter Hay Drive Setback
Details):

        The building located at 22 Lionel Donovan Drive (with a secondary
         frontage to Walter Hay Drive) comprises a setback of 7.6m; and
        The industrial tenancies at 8 Selkirk Drive comprise a setback to Walter
         Hay Drive of 6.5m.




April 2015                         Empirica Developments Pty Ltd - Noosaville           Page 2
                                                 RFI Response

Page 3

In any case, these buildings have been appropriately screened from view
through the use of a landscaping treatment akin with that proposed for the
subject application.

Finally, it is noted that Probable Solution S193.2 provides for only a 2m
landscaped strip behind which uncovered carparking can be located within a
10m setback solution. The proposed landscape and setback solution is
considered to provide a far superior outcome to this “deemed to comply”
position.

3. Please indicate on the amended plans bicycle parking in accordance with
   Probable Solution S31 of the Business Uses Code.

Applicant’s response
The proposal has now been amended to provide for 28 bicycle parking spaces,
compliant with the relevant provisions of the Noosa Plan 2006. Refer to the
Traffic Engineering Issues response in Appendix D.

4. Provide a signage plan indicating proposed sign areas in accordance with
   the Advertising Devices Code.

Applicant’s response
As per discussions with Council officers, the applicant will be lodging shortly a
separate Operational Works application for approval of the proposed signage.
This application includes an assessment against Council’s signage Code. For
convenience, a copy of the proposed signage plans are included here as
Appendix E.

5. Demonstrate that the use is in accordance with 11.8.2 of the Noosaville
   Locality Code.

Applicant’s response
As “background” to this RFI item, Council has made reference to the proposed
food and beverage use and seems to be suggesting that it may somehow be
an incompatible use with the nearby Good Shepherd Lutheran College.

An assessment of use compatibility, which is what we believe is underpinning the
Overall Outcome being referenced by Council in 11.8.2, is usually centred
around the extent to which one use might impact on the other and vice versa,
and the extent to which any impacts would be detrimental to the amenity
and/or operations of such uses.

It would seem highly unlikely that a small proposed food and beverage use
located on this site some 250 metres from the school would have any impacts at
all on the amenity and functioning of the school. The school is a large and well
established use on a large site with a wide frontage to Walter Hay Drive and an
access off the Goodchap Street roundabout. There is a significant distance and
a substantial road between the two uses in question and hence we would be of
the view that either use will not suffer any negative effects from the operations
of the other.

At a broader level, it is considered that the Industrial zoning and the School
zoning being adjacent to each other would raise many more potential issues of
concern regarding amenity, however, the two appear to operate in harmony
and clearly has Council’s support through the zoning pattern.

April 2015                      Empirica Developments Pty Ltd - Noosaville          Page 3
                                              RFI Response

Page 4

On a positive note, given the location of the proposed food and beverage use
(in an established industrial area) the primary customer base of the use will likely
be workers within the surrounding Noosaville Industrial Estate), which will provide
a much needed facility for these workers in the immediate area.

Also, the use has been designed to provide for casual surveillance opportunities
overlooking the street and will be open and clear to the street providing limited
potential for loitering and anti-social behaviour.

6. Please provide an amended Economic Report that clearly articulates those
   aspects of the proposed development for which the economic need and
   impact is related.

Applicant’s response
Refer to the Response to Information Request document prepared by Urban
Analytics Australia and provided in Appendix F.

7. Provide discussion on the resultant loss of Industrial land to the inconsistent
   uses.

Applicant’s response
Refer to the Response to Information Request document prepared by Urban
Analytics Australia and provided in Appendix F.

8. Provide a revised Economic Report based on the most recently available
   data sets.

Applicant’s response
Refer to the Response to Information Request document prepared by Urban
Analytics Australia and provided in Appendix F.

9. Provide a revised Economic Report that uses a trade area that excludes
   those residential areas north east of Shorehaven Drive, or at least those areas
   north of Gibson Road.

Applicant’s response
Refer to the Response to Information Request document prepared by Urban
Analytics Australia and provided in Appendix F.

10. Provide a more detailed assessment of the existing centres network that, as
    a minimum this assessment should report the total GFA of floor space
    provided within the centre zones located within and immediately
    surrounding the identified trade area and a breakdown of that floor space
    with a particular focus on convenience floor space, dining and take-away
    food floor space and any vacancies.

Applicant’s response
Refer to the Response to Information Request document prepared by Urban
Analytics Australia and provided in Appendix F.




April 2015                       Empirica Developments Pty Ltd - Noosaville            Page 4
                                               RFI Response

Page 5

11. Further outline of how the proposed development would better meet the
    take-away food needs of industrial area workers, particularly in the context
    of the range and choice of food outlets provided at Noosa Civic.

Applicant’s response
Refer to the Response to Information Request document prepared by Urban
Analytics Australia and provided in Appendix F.

12. Provide a revised Economic Report that on a rate of population growth that is
    generally consistent with the OESR medium series projections.

Applicant’s response
Refer to the Response to Information Request document prepared by Urban
Analytics Australia and provided in Appendix F.

13. Provide a revised Economic Report that outlines all assumptions and data
    used in the analysis (e.g. per capita expenditure estimates).

Applicant’s response
Refer to the Response to Information Request document prepared by Urban
Analytics Australia and provided in Appendix F.

14. Review calculations made within the Economic Report for any substantive
    arithmetic errors that might influence the outcomes of the economic need
    and impact assessment.

Applicant’s response
Refer to the Response to Information Request document prepared by Urban
Analytics Australia and provided in Appendix F.

15. Provide a reviewed calculation of worker expenditure on take-away food
    adopted in section 4.6 of the Economic Report so that it represents only a
    proportion of the average per capita expenditure on take-away food, and
    revise any estimates of worker expenditure.

Applicant’s response
Refer to the Response to Information Request document prepared by Urban
Analytics Australia and provided in Appendix F.

16. Revise the Economic need and impact assessment to include an estimate of
    the likely turnover of the development (or those parts of the development
    the economic need and impact assessment relates to), and utilise this
    estimate to assess the likely impact of the proposed development on the
    centres network.

Applicant’s response
Refer to the Response to Information Request document prepared by Urban
Analytics Australia and provided in Appendix F.




April 2015                      Empirica Developments Pty Ltd - Noosaville          Page 5
                                              RFI Response

Page 6

17. Please provide an indication of the proposed hours of operation.

Applicant’s response
In relation to the primary uses on the site, being the “industrial uses”, the
proposed hours of operation will be typical for an industrial area.

The proposed service station is proposed to be operated by “7-Eleven” and as
such is intended to be a 24 hour operation.
In relation to the proposed food and beverage use, on the basis that it is
primarily intended to serve the local industrial work force, it is likely that the
business will want to open early to catch the early “tradies” looking for breakfast
but will also want to capture any after-hours passing trade. Hence, at this stage,
the applicant estimates it may require operating hours of say, 5am to 10pm.

18. Provide engineering design plans for the frontage works along Eumundi
    Noosa Road including but not limited to the following:
    (a) Plan and longitudinal section of the new concrete footpath (2.0m wide
        minimum) including any reconstruction of adjoining sections of footpaths
        beyond the frontage of the site to provide compliant grades in
        accordance with the current standards
    (b) Details and locations of existing services, above and underground, and
        the services requiring alteration or upgrade
    (c) Any required relocation of existing street or traffic signs
    (d) New accesses to the site
    (e) The reinstatement of redundant accesses
    (f) Changes to the existing on-street parking
    (g) Any required street line marking.

Applicant’s response
Refer to the Hyder Consulting Response to Information Request provided in
Appendix G.

19. Provide a design of the proposed access driveway from Lionel Donovan
    Drive including but not limited to the following:
    (a) The existing street stormwater system and layout
    (b) The proposed stormwater works to relocate or replace the existing
        stormwater inlet pit away from the proposed driveway crossover
    (c) Any affected above or underground services
    (d) The alignment of the new 2.0m wide concrete footpath along this section
        of site frontage

Applicant’s response
Refer to the Hyder Consulting Response to Information Request provided in
Appendix G.

20. Provide the following:
    (a) Further information regarding the daily operation of the tyre shop in
        relation to deliveries and refuse collection, including the type of vehicles
        used
    (b) Amended layout plan that includes any proposed loading zone(s) and
        vehicle manoeuvring paths that address the potential of any traffic
        conflict or impact on proposed carparking areas




April 2015                       Empirica Developments Pty Ltd - Noosaville            Page 6
                                               RFI Response

Page 7

Applicant’s response
Refer vehicle manoeuvring path drawings provided in the Traffic Engineering
Issues response in Appendix D.

21. Provide a to scale plan of the turning paths of a delivery vehicle (HRV),
    reversing into and exiting the middle tenancy that demonstrates no adverse
    impact or conflict with traffic movement or carparking spaces.

Applicant’s response
The requested plan is included within the response to the Traffic Engineering
Issues in Appendix D.

22. Please provide additional car spaces in accordance with The Noosa Plan.

Applicant’s response
The proposal has been amended to now provide the required on-site car
parking spaces. Refer to the Traffic Engineering Issues response in Appendix D.

23. Provide motor cycle parking in accordance with Planning Scheme Policy 26
    – Motorcycle & Motor Scooter Parking.

Applicant’s response
The proposal now comprises the required 6 motorcycle parking spaces. Refer to
the Traffic Engineering Issues response in Appendix B.

24. Provide a traffic management plan and procedure for the bulk refilling
    process that identifies and addresses all relevant issues associated with bulk
    refilling and demonstrate that the bulk refilling operation will not impact on
    the traffic movement in Eumundi Noosa Road into and from the site. The
    information should include in particular:
    (a) To scale plan of the accesses layout (from and to Eumundi Noosa Road)
         and the turning path of the bulk refiling fuel tankers
    (b) The impact on the operation of the fuel pumps and the type of fuel
         pump/s (i.e. petrol, diesel or gas bowser) will be affected or closed
         during refuelling
    (c) Measures to ensure that no vehicles using the bowsers will hinder or
         obstruct the entry of the bulk fuel refilling tanker from Eumundi Noosa
         Road and accessing the fuel filling points
    (d) The timing and duration of the bulk refilling process.

Applicant’s response

Refer the Traffic Management Plan (provided as part of Appendix D) which
outlines the anticipated procedure for the bulk refilling process of the proposed
service station (including a turning path plan), thus responding to items (a) & (c).

In response to (b), fuel dispensers 1, 2 and potentially 3 will be unavailable whilst
the tanker is unloading. Each fuel bowser will be Gallagher Pulse LX 8 hose
dispenser with diesel and petrol grades available at all locations.

In response to (d), deliveries can be completed any time of the day or night
unless restricted by DA conditions and may take up to 1hr to complete. Delivery
time varies depending on the amount of fuel to be delivered.




April 2015                        Empirica Developments Pty Ltd - Noosaville            Page 7
                                                RFI Response

Page 8

25. General information regarding any intended works associated with
    Unitywater infrastructure that may impact on the development proposal and
    general information about application/s submitted or to be submitted to
    Unitywater in relation to this development.

Applicant’s response
A “Water and Sewer Connection” form has been submitted to Unity Water for
assessment, application reference 2015003544. The water and sewer servicing
strategy has been amended after discussions with Unity Water. It is now
proposed to relocate the sewer reticulation main on Lot 31 SP1700751 clear of
the proposed building envelope. This will involve abandoning the existing main
and providing a new connection point between the rising sewer main and
gravity sewer main downstream. It is now also proposed to provide a single
water connection point for the site from Lionel Donovan Drive.

Refer to the Hyder Consulting Response to Information Request provided in
Appendix G.

26. Please rerun the MUSIC model in accordance with all specifications of the
    Water by Design MUSIC Modelling Guidelines, in particular with correct
    rainfall data.

Applicant’s response
The MUSIC model has been rerun with the rainfall data required by Noosa
Council and the bioretention areas provided conform to the water quality
requirements. A revised Stormwater Report (F002-AA007595-AAR-04) is enclosed
as part of the Hyder Consulting Response to Information Request provided in
Appendix G.

27. Provide revised plans which demonstrate that the design objectives of
    Sections 3.3.5.3 and 3.3.5.5 of the Water by Design Bioretention Technical
    Guidelines will be achieved and also provide for ongoing maintenance and
    access.

Applicant’s response
The stormwater management strategy has been amended to provide separate
bioretention and retention systems. The design of this system is in accordance
with the Water by Design Technical Design Guidelines. Refer to the Hyder
Consulting Response to Information Request provided in Appendix G.

28. Provide a design that incorporates water harvesting tanks (under or above
    ground) as a method detention and reuse of stormwater in accordance with
    the requirements of the Water Sensitive Design Code of the Noosa Plan (refer
    to Specific Outcome O3 of the code).

Applicant’s response
The development now proposes to include an underground water tank for
detention purposes on site, in addition to the bioretention basin for stormwater
quality treatment (which has been reduced in size). The proposal now complies
with Outcome 3 of the Water Sensitive Design Code. Refer to the Hyder
Consulting Response to Information Request provided in Appendix G.




April 2015                      Empirica Developments Pty Ltd - Noosaville         Page 8
                                              RFI Response

Page 9

29. Demonstrate how the proposed incorporation of flood detention within the
    Bioretention basins is consistent with the design principles modelled in
    Section 5.1.2 of the Hyder Consulting Stormwater Management Plan for 139
    Noosa Eumundi Road.

Applicant’s response
The design has been amended to provide for separate bioretention and
detention systems. The outlet arrangement has also been amended to reflect
the change in stormwater strategy on site. Please refer to SK1305 and SK1306 as
part of the Hyder Consulting Response to Information Request provided in
Appendix G.

30. Provide a preliminary drainage plan including survey levels to demonstrate
    that there is adequate depth and fall between the underdrainage level of
    the Bioretention basin as required by the proposal (in terms of required
    detention, extended detention and filter media depths) and the receiving
    stormwater outlet.

Applicant’s response
An amended drainage system is included as part of the Hyder Consulting
Response to Information Request provided in Appendix G.

31. Please provide a preliminary drainage design generally in accordance with
    the design proposed in the Hyder Consulting Stormwater Management Plan
    for 139 Noosa Eumundi Road, as amended in accordance with the
    requirements of this information request, that demonstrates that all
    stormwater will flow to a legal point of discharge and in accordance with the
    design requirements of the Queensland Urban Drainage Manual and in a
    manner that will not adversely impact on other properties, public roads
    and/or the existing drainage conditions in the drainage catchments.

Applicant’s response
Refer to the Hyder Consulting Response to Information Request provided in
Appendix G.

32. The design should include the surveying details and levels of any existing
    receiving stormwater drainage systems, also should indicate the overland
    secondary flowpath/s when the design capacity of proposed stormwater
    drainage system for the developed site is exceeded.

Applicant’s response
An amended drainage system is included as part of the Hyder Consulting
Response to Information Request provided in Appendix G.

33. To ensure the cost of the development is adequately considered, please
    provide confirmation that the applicant is aware that a detailed Erosion and
    Sediment Control Detail Design is required to be submitted with the
    Operational Works approval and to be implemented during the construction
    phase.

Applicant’s response
Confirmed. Refer to the Hyder Consulting Response to Information Request
provided in Appendix G.


April 2015                      Empirica Developments Pty Ltd - Noosaville          Page 9
                                              RFI Response

Page 10

34. Please provide additional landscaping in accordance with the Landscaping
    Code.

Applicant’s response
The proposal now comprises an additional 155m2 of landscaped area (refer
proposal plans provided in Appendix A), bringing the total landscaped area of
the site to 1,152m2 (15% of the site area), compliant with the Landscaping Code.

35. Provide details of how the Manifest Quantity Workplace (MQW) will comply
    with State interests (Workplace Health and Safety Queensland) for the design
    and operation of the site.

Applicant’s response
The applicant has discussed this with the fuel operator (7-Eleven), and has
advised us to respond that they are happy for this requirement to be
conditioned upon approval.

36. Please provide detailed design information of the service station, including
    the following as a minimum:
    (a) detailed drawings showing the proposed design of the service station
        including underground and/or above ground storage capacity of
        flammable and combustible liquids on site
    (b) Maximum storage volume of storage tanks and type of fuel
    (c) Describe the type of storage tanks (e.g. double containment FRP etc.)
    (d) Location of tanks & distances to protected works, including site plan etc
    (e) Leak detection methods proposed (e.g. statistical inventory analysis,
        automatic tank gauging, electronic line leak detection, safe suction
        etc.) – at least 2 methods capable of detecting a leak at a rate of 0.76
        litres per hour or more with at least 95% accuracy and a probability of
        false detection of 0.05 or less
    (f) Proposed ground water monitoring wells and location
    (g) Vapour recovery design proposed (Type 1 and/or Type 2)
    (h) Clarify the description of the forecourt spillage containment system and
        drip line using drawings and contours etc (i.e. the system to capture all
        spilt fuels and other contaminants as a result of the dispenser pumps
        operation and bulk delivery filling of the underground/above ground
        tanks)
    (i) Describe the capacity and location of the forecourt containment vessel
        (i.e. minimum 10,000 l sump/tank with no connections to stormwater and
        with/without connections to sewer)
    (j) Any sewer pre-treatment devices/options consistent with Unitywater’s
        Trade Waste Policy and/or advice
    (k) Regulated waste removal and disposal options
    (l) Any other information that supports environmental protection.

Applicant’s response

(a) Tanks indicated on the plans;
(b) The capacities for the tanks indicated on the plans are: ULP 60kL, E10 30kL,
P95 30kL, P98 30kL, DSL 30kL;
(c) Tanks to be double walled fibreglass manufactured by either Envirotank or
Fibretank Solutions;
(d) Locations already indicated on site layout plan;



April 2015                      Empirica Developments Pty Ltd - Noosaville          Page 10
                                              RFI Response

Page 11

(e) Proposed leak detection methods include Automatic Tank Gauging (ATG)
and Electronic Line Leak Detection;
(f) The GWMWs will be clearly depicted on any subsequent development plans
and the applicant is happy for this to be a condition of approval;
(g) As standard VR1 is installed in QLD;
(h) The preferred setup is for the fuel filling and fuel dispensing equipment to be
located within a bunded area under the canopy. Any spills within this area are
directed to a treatment or collection system. Generally in QLD this is a 20kL blind
sump holding tank. It is proposed to use an oil-water separator system;
(i) This appears to be depicted on the site layout plan adjacent to the tank
farm. Our minimum preferred size is 20kL;
(j) The preferred method would be to use an oil-water separator (CPS or SPEL)
rather than a holding tank;
(k) This item can be addressed through appropriate conditions.
(l) This item can be addressed through appropriate conditions.



                      END OF INFORMATION REQUEST RESPONSE

Should you have any queries relating to this issue, please do not hesitate to
contact the writer on 5443 5566.

Yours faithfully
DFS Group




Peter Folker
Director

Encl.    Appendices

cc:      Client




April 2015                       Empirica Developments Pty Ltd - Noosaville           Page 11
                                               RFI Response

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