Council Planning Report MCU16/0066

MCU6/0066 & OPW16/0133 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION, CONVENIENCE SHOP AND FOOD OUTLET AND OPERATIONAL WORKS FOR SIGNAGE AT 6 TAYLOR COURT, COOROY

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / MCU16/0066 & OPW16/0133

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Hass Holdings Pty Ltd Tte
Proposal	Development Permit for Material Change of Use of Premises - Retail Business Type 2 Shop & Type 5 Vehicle Uses, Entertainment & Dining Business Type 1 - Food & Beverages and Operational Works for Signage
Properly Made Date	17 June 2016
Information Request Date	26 July 2016
Information Response Date	19 October 2016
Decision Due Date	15 December 2016
Number of Submissions	2 Properly Made

PROPERTY DETAILS
Property Address	6 Taylor Court, Cooroy
RP Description	Lot 3 SP 197517
Land Area	8243m²
Existing Use of Land	Temporary construction site office and parking for the Cooroy to Curra Bruce Highway upgrade.

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy and Lake Macdonald
Zone	Industry (subject to a Plan of Development)
Overlays	Natural Resources Overlay – Resource Separation Area Natural Resources Overlay – Water Supply Catchment
Assessment Type	Impact

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 6 December 2016 and refuse Application No. MCU16/0066 & OPW16/0133 for a Development Permit for Material Change of Use of Premises - Retail Business Type 2 Shop & Type 5 Vehicle Uses, Entertainment & Dining Business Type 1 - Food & Beverages and Operational Works for Signage, situated at 6 Taylor Court, Cooroy for the following reasons:
The development raises conflicts with The Noosa Plan and its current and future land use intent for the subject site and water supply catchment area.
The proposal is not conveniently located or readily accessible for the local community and will not provide a significant benefit to that community.
The development will adversely impact on the local villages and towns by reducing patronage to these centres and therefore will not improve community wellbeing.
The proposal is contrary to the SEQ Regional Plan’s Regional Policy 11.5.1 to identify and protect existing and potential drinking water catchments from inappropriate land use as the development would pose an unacceptable risk to water quality.
The proposal is contrary to the Environmental Protection (Water) Policy for Mary River Environmental Values and Water Quality Objectives as the proposed surface water quality exceeds these objectives in relation to Total Nitrogen and Total Phosphorous and the applicant has not addressed the impact the in-ground storage of fuel will have on ground water.
The proposal fails to meet the Plan of Development for the site, including the provision of a 10 metre landscape buffer to visually screen the development from the Bruce Highway.
The proposed illumination of the advertising devices is contrary to the Advertising Devices Code and the intent of the Plan of Development for the site.

REPORT
PROPOSAL
Development Details
The application seeks approval for a Material Change of Use of Premises comprising Retail Business Type 5 - Vehicle Uses (Service Station), Entertainment & Dining Business Type 1 - Food & Beverages (Fast Food Outlet), Retail Business Type 2 – Shop (Convenience Retail) and Operational Works for signage on vacant industrial land on the corner of Taylor Court and Holts Road, Cooroy. The 605m² building and development includes:
195m² service station and convenience shop
330m² fast food tenancy plus 75m² outdoor dining (total use area 255m²)
Kids play area
33 car parks, 4 motorcycle, 9 bicycle parking plus 1 waiting bay near the exit to the fast food drive through
8 fuel bowsers and 4 underground storage tanks
24 hour operating hours
The pay point, convenience shop and fast food outlet building faces Taylor Court with the outdoor dining area facing Holts Road to the north east. The building is setback approximately 31m from Holts Road, 45m from Taylor Court and the fuel canopy setback approximately 15m from Taylor Court.
Access is a right in/left out arrangement from Taylor Court and traffic is directed clockwise through the site as seen in Figure 1 below. Overflow parking is located to the north western part of the site, behind the drive through.
Some excavation is required to a portion of the site associated with car parking areas but generally the buildings are at grade.
A 5m wide landscaped garden is proposed along all boundaries except for areas for access from Taylor Court and some services along the south western boundary. Gardens are also proposed throughout the car parking areas.
Figures 1, 2 and 3 below show the layout and elevations.

Figure 1 – Proposed Layout

Figure 2 – Elevation facing Holts Road

Figure 3 – Elevation facing Taylor Court.
The application material includes specialist reports and supporting documents, comprising:
Town Planning Report
Economic Impact Assessment
Engineering Services Report
Stormwater Management Plan
Traffic Engineering Report
Noise Report
Lighting Plan
Visual Assessment

The application is before Council as the proposed uses are indicated on the approved Plan of Development for the site as inconsistent.
Signage
The proposed signage consists of the following:
1 x 5m high illuminated pylon sign, 4.16m² total sign face area; Holts Road frontage
1x 5m high illuminated pylon sign (for pricing), 2.16m² sign face area; Taylor Court frontage
2 x 4m² illuminated awning face signs (8m² total sign face area (fast food outlet)
2 x 2.4m² illuminated canopy signs, (total 4.8m²)
The proposed total combined sign face area is 19.28m² as seen in Figure 4 below.

Figure 4 – Proposed signage
site details
Background
On 30 November 2006 Council approved a Preliminary Approval to Override the Planning Scheme for Material Change of Use and Reconfiguration for 6 industrial lots and parkland on the former sawmill site. The approved Plan of Development (POD) has since been incorporated into The Noosa Plan. The POD includes a Supplementary Table of Development and provisions for setbacks, height, water quality, acoustic treatment, landscaping and water supply requirements.
The POD permits an office where associated with a forestry use and Industrial Business Type 2 , Production, alteration, repackaging and repairing and Retail Business Type 3  - Landscape and rural (landscape/garden supply). The POD excludes a number of industrial uses typically found in the industrial zones in other localities including noxious, offensive or hazardous industries, being located in the water catchment area for Lake Macdonald.
Development in the industrial estate was not intended to be visible from the Bruce Highway which is reflected in a 10m wide Open Space Conservation zone buffer along Holts Road and provisions for a 10m wide landscape buffer on the POD. A state land acquisition for the Holts Road realignment/upgrade removed most of this protected vegetation in the Open Space Conservation zone with a small portion of the zoning remaining in the south east corner of the subject site, which is currently void of vegetation. Refer to Figure 5 below.
The approval of Industrial uses on site was based on the industrial use rights of a sawmill, being the historical use of the site.

Figure 5 - Industry zone in mauve and Open Space Conservation zone in green.
Site Description
The site is a corner lot, with Holts Road to the east and Taylor Court to the south. The south western boundary adjoins an industrial lot’s access handle.
The site slopes approximately 3.5m from the Holts Road boundary to the south western boundary having an approximate 2.5 degree slope. The lot is void of vegetation as seen in Figure 6 below. The Department of Transport and Main Roads (DTMR) currently occupy the site on a temporary basis with sheds and extensive hardstand areas. Figures 6 & 7 show the site location, zoning and aerial.

Figure 6 – Zone and Locality Plan

Figure 7- Aerial
Surrounding Land Uses
To the east the lot adjoins the recently realigned Holts Road (as part of the Cooroy to Curra Bruce Highway upgrade). Further to the east is the Bruce Highway, rural residential lots and the Cooroy Golf Club.
To the north is an industrial lot also occupied by DTMR and the new Cooroy south road interchange network which is near completion.
Adjoining to the south and west are 3 industrial lots with small rural holdings and a currently unused extractive resource facility beyond. Further along Holts Road are some rural residential lots and an RV Stop.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policy
State Planning Policy mapping identifies the following applicable layers:
Water quality – Water Supply Buffer
Water quality – Climatic Regions – stormwater design objectives
Natural hazards – Flood hazard Area – Local Government flood mapping area.
The applicant has provided a Stormwater Management Plan that demonstrates compliance with the State Planning Policy Water Quality Objectives.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the urban footprint of the SEQ Regional Plan. The proposal raises some concern with the Plan’s Desired Regional Outcome for Water Management - specifically Regional Policy 11.5.1 regarding drinking water catchment protection.  The stated policy is to:
Identify and protect existing and potential drinking water catchments from inappropriate land use.
The notes relating to the policy state:
Catchment management is a core element of managing the quality of drinking water, and is achieved by managing existing uses, planning new development to manage risks, and rehabilitating catchments. Local government planning schemes must identify drinking water catchment areas and include appropriate development controls. Planning studies in these areas must consider how to avoid future types or scales of development that would pose an unacceptable risk to water quality. Where development is permitted, strict controls may be required to protect the natural water cycle.  Infrastructure should also be located and designed with regard to water quality risks.
Seqwater has prepared guidelines on how to address development in drinking water catchments. These guidelines should be considered in planning and development assessment decisions for all land from which water flows to drinking water supplies.
Seqwater, being the owner of the drinking water supply, is a third party advice agency for this application who recommended the proposal be assessed against the Environmental Protection (Water) Policy for Mary River Environmental Values and Water Quality Objectives. The site is within the water catchment to Lake Macdonald and mapped as required to meet the water quality objectives for Lowland Freshwater under the policy. The proposed surface water quality exceeds these objectives in relation to Total Nitrogen and Total Phosphorous. The applicant has not addressed the impact that the in-ground storage of fuel will have on ground water. Water quality is discussed further in this report.
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 Instruments – Planning Scheme
Material change of Use
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Industry and Open Space Conservation. The site is within a 6 industrial lot subdivision subject to a Plan of Development (POD). The proposed uses are identified as inconsistent within the zone and are required to follow an impact assessable application process.
It is pertinent to note third party advice was sought from the Department of Transport and Main Roads (DTMR) who state the proposal ‘is not considered to be a ‘service centre’’  but ‘a service station on a local road visible from the Bruce Highway.’ DTMR’s advice goes on to say that the Service Centre Policy is under review and acknowledges the facilities such as the proposal ‘can provide a better customer experience through the provision of services and facilities for the comfort and convenience of road users. The revised policy may relax some of the restrictions in place under the current policy, including allowing accommodation, fast food drive-thru facilities and local road access.’
Cooroy & Lake Macdonald Locality Code Provisions
The applicant has provided a number of specialist reports to support the proposal which are discussed further in this report.
The most relevant Overall Outcomes for assessment of the proposed inconsistent uses include:
6.8.2 a) 	New uses and works are located, designed and managed to—
i 	be compatible with other uses and works;
ii 	maintain the safety of works;
iii 	avoid significant adverse impacts on the amenity enjoyed by users of other premises, including acoustic and visual qualities; and
iv 	avoid significant adverse effects on the natural environment, including native habitat removal, fragmentation and attrition;
b) 	The Cooroy and Lake Macdonald Locality supports a growing urban and rural settlement of permanent residents;
c) 	Development is consistent with the Priority Infrastructure Plan in Part 15.
d) 	Cooroy retains its role as the major business centre for Noosa’s hinterland area;
e) 	The relaxed country town atmosphere of Cooroy is protected for the enjoyment of future generations;
h) 	Outside the town of Cooroy, development is characterised by—
i 	conservation of good quality agricultural land for agricultural purposes;
ii 	conservation of open space for biodiversity and water quality purposes; and
iii 	rural settlement at varying densities consistent with the available levels of convenience and accessibility, environmental constraints and proximity to the Lake Macdonald water supply catchment;
i) 	Economic activities are focused on—
i 	Cooroy’s role as the principal business and service centre for the hinterland;
ii 	Cooroy’s industrial estate;
iii 	technology based businesses reliant on broadband communication;
iv 	timber industry initiatives and product manufacturing at the Nandroya Mill site;
v 	Cooroy’s support role in the locality for surrounding agricultural activities;
vi 	extractive and mineral resources;
vii 	facilitating artistic and cultural business enterprises; and
viii 	agricultural industries and associated rural enterprises;
j) 	Business opportunities in Cooroy are enhanced by its access to the Bruce Highway and the North Coast Rail line;
k) 	The town of Cooroy provides a range of community services, schools, medical facilities, sporting and recreational facilities, which service the hinterland and beyond;
l) 	New areas of urban and rural settlement development are precluded from the part of the locality within the catchment area of Lake Macdonald where the dominant goal is the protection of water quality within the primary water supply source;
m)	The Bruce Highway, Elm Street, Cooroy-Noosa Road, Eumundi Road, parts of Myall Street and Diamond Street, Cooroy-Belli Road, Maple Street, Mary River Road, Lake Macdonald Drive and Sunrise Road are protected as parts of the Noosa’s major road network;
n) 	A public transport node is located within Cooroy and links public transport services to other centres in Noosa, including railway stations;
o) 	The vistas offered from the major road corridors are protected and add to the attraction of the locality for visitors and residents;
p) 	Environmental and aesthetic values associated with the hillslopes, including iconic mountains and the watercourses of Lake Macdonald, Ringtail, Six Mile and Cooroy Creeks, are protected;
q) 	Water quality standards in the watercourses of this locality are maintained or improved through land management practices;
y) 	For the Industry Zone—land in this zone—
i 	accommodates the principal industrial centre of the hinterland including businesses associated with manufacturing, production, storage, repairs and the like to the exclusion of inconsistent uses such as residential or community uses;
ii 	has good access to the major road network including the Bruce Highway; and
iii 	accommodates uses and works that are designed and managed to contribute positively to the character of the locality without adverse impacts on the environment including excessive noise, odour, dust and other waste;
Given the service station is a consistent use within other Industry zones in Cooroy, the Outcomes provide some support for the use, but no real support for a 330m² fast-food outlet and a convenience shop. However, the service station is inconsistent with the POD for the site and the applicant must therefore demonstrate a need for the whole proposal within the subject zone. Need for a development is commonly recognised as relating to community wellbeing.  A development may be said to be needed if, on balance, it improves community wellbeing.  Wellbeing may be improved by access to new services or facilities or a range of other ways. In addition, new uses must be compatible with surrounding uses in terms of amenity, the environment and economics.
Need and benefit
The applicant’s Economic Impact Assessment prepared by Urban Economics provided extensive analysis including the demand for, impact of and the need for the proposal. The economic assessment identifies that up to 80% of custom for the proposal would be from passing motorists on the Bruce Highway. Furthermore, it suggests the proposal will not have a significant impact on surrounding convenience centres and a minor impact on existing service stations in Cooroy. Overall, the applicant’s economic assessment suggests a strong and compelling need for the proposal based broadly on the distance between existing highway based service centres (60km’s), passing traffic, the high level of vehicle ownership in the trade area, limited brand choice in fuel and fast-food retailing in Cooroy, no existing bio-fuel choice, and a conveniently located facility to service surrounding hinterland residents/villages.
The applicant’s original economic assessment and response to Council’s information request was reviewed externally on behalf of Council by Location IQ.
Location IQ suggests the submitted economic assessment indicates there is no need for a service station in Cooroy but the need is largely based on the premise of serving passing traffic on the Bruce Highway. The applicant’s economic assessment demonstrates there is a significant gap (around 60km) north bound between highway based service stations/facilities along the Bruce Highway. Analysis provided shows the distance between the Gold Coast and Curra highway based service facilities range from 1km to 35km, except for the 60km between Forest Glen and Kybong where the subject site is generally centrally located. Location IQ agrees there is a gap between highway based service stations and that some demand exists.
The applicant’s economic assessment suggests the proposal would have around an 11% impact on the existing service stations within Cooroy but Location IQ suggests the economic impact could be as high as 30%. In response, the applicant’s economic assessment outlines that a portion of their (being Cooroy service stations) trade would be attracted from beyond the trade area and that not all local residents’ fuel spend would be directed to the local service stations.
There remains an inconsistency on the level of impact the proposal would have on existing service stations in Cooroy. The proposal has the potential to reduce the number of motorists that enter Cooroy and Pomona villages for fuel, food and amenities if they are available at the side of the highway.
In terms of community need; accessibility, convenience, choice and price can indicate if a community will benefit from a proposal. It is acknowledged some benefit may result for the local community in terms of choice and price. However, the location is neither convenient nor readily accessible for the local community as Holts Road is a no through road and the new interchange only services Cooroy, the Bruce Highway and Holts Road, offering no advantage to hinterland residents living west of the highway.
Visibility
The viability of the proposal is somewhat reliant on being visible from the Bruce Highway. The applicant has provided a visual analysis which demonstrated the proposed pylon sign would be visible from the highway. However, the POD requires a 10m wide landscape buffer to the Holts Road frontage to screen any industrial development from the highway. The proposal plans indicate only a 5m wide landscaped buffer with a pylon sign near the Holts Road frontage. Relying on visibility conflicts with the intent of the POD which indicates a 10m landscape buffer, and the Open Space Conservation zoning which applies to a portion of the site where the pylon sign is proposed.
Employment
The proposal will likely employee from the local community but is not considered of any great benefit as any permitted use on site could employee similar number of employees.
Industrial land impact
The applicant’s economic assessment indicates there has been little take up of industrial land in Noosa Shire since 2011 and suggests the following:
‘If this trend continued, there is estimated to be approximately 45years of available industrial land supply throughout the Noosa Shire of which the subject site represents less than 4% or 22 months of supply. Even at a higher take-up rate of 3ha per annum, it is estimated that vacant industry land within the Noosa Shire would represent some 7years supply of industry land and therefore that the subject site would represent approximately 3 months’ supply of industry land.’
Location IQ assessment indicates:
‘A more detailed analysis of population, jobs growth and therefore demand for industrial land is required. Our research would tend to indicate that on a long term average, around 1.5 hectares of industrial land is required throughout Noosa Shire each year…  A typical market would require 15 – 20 years supply to represent a healthy functioning market. It would appear at a high level that Noosa Shire subject site at 0.8 hectares would represent around 1 years supply.’
The POD seeks only manufacturing, processing, alteration and production type uses and landscaping bulk supplies. Currently, there may not be the demand for these permitted uses but they are consistent with future land use planning for Noosa. Noosa’s Local Economic Plan has recognised rural enterprises such as food manufacturing and processing industries to drive change and help diversify the economy. Regardless of the rate of uptake of the subject site and the associated industrial estate land, Location IQ suggest a service station is not a real catalyst use and is unlikely to attract the permitted uses under the POD.
Land Use & Works Provisions
The following planning scheme codes are most applicable to this application:
Business Uses Code
Advertising Devices Code
Landscaping Code
Engineering Works Codes
Natural Resources Overlay Code
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Water Quality
The subject site is within the Lake Macdonald water catchment area. The development is required to meet the Water Sensitive Design Code, the water quality objectives set out by the POD and the Natural Resources Overlay Code. Furthermore, third party advice agency, SEQwater recommended the development be assessed against the Environmental Protection (Water) Policy for Mary River Environmental Values and Water Quality Objectives.
The proposal meets the provisions of the Water Sensitive Design Code but exceeds the maximum permitted levels of Total Nitrogen and Total Phosphorous leaving the site required by the POD and the similar requirements of the Environmental Protection (Water) Policy 2009 for Mary River Environmental Values and Water Quality Objectives. SEQwater advises, if approved, that conditions should be imposed to ensure minimum in ground tank design criteria and detection measures are met. Council’s water quality officer advises that conditions could be imposed to meet the POD provisions but these may have a significant impact on the proposed layout.
It is pertinent to note water quality addresses surface run off but does not consider the risk associated with below ground fuel storage and its potential impact on Noosa’s drinking water quality.
The Natural Resources Overlay Code Specific Outcome O11 states:
Water quality and quantity
O11 	Development does not have adverse effects on the quality or quantity of water entering Lake Macdonald, Cedar Pocket dam or their tributaries or on the Mary River drinking water intake, including effects on—
a) 	nutrient or other chemical levels; and
b) 	sediment loads; and
c) 	turbidity
In the current version of the Noosa Plan an additional Specific Outcome is included which states:
O12 	Development in water supply buffer areas is undertaken in a manner which contributes to
maintaining and improving the water quality in those catchments.
Given the unknown effect of below ground fuel storage on water quality in the future, there is no certainty the proposal will not have adverse effects on or contribute to maintaining and improving water quality in the catchment.
Light
The applicant has provided a Lighting Plan that suggests development can meet relevant standards and would not adversely affect surrounding rural amenity.
Noise
The applicant has provided a noise report which demonstrated that noise emanating from the premises could meet the relevant noise criteria.
Traffic
The applicant’s traffic consultant, Councils external traffic consultant and DTMR engaged to ensure the Cooroy south interchange with Holts Road was sufficient to ensure safe vehicle access to the subject site with the additional traffic generated by the development.
The applicant demonstrated compliance with the relevant standards for vehicle access, egress, parking and vehicle movements throughout the site.
Assessment of Applicant’s grounds for Approval
Applicant’s grounds
There is a recognised need for a service station that services a highway catchment in this location. The nearest service stations that are adjacent to the Bruce Highway are approximately 30 kilometres to the north and south of the subject site. The site is elevated above, and is clearly visible from, the Bruce Highway. While not a highway service centre, the proposed service station and other uses are orientated towards and are clearly visible from the Bruce Highway and will service highway needs.
Assessment
It is agreed there is a gap between highway based service stations and the proposal may meet that demand. However, it is likely to divert custom from Noosa’s hinterland villages and is also not conveniently located or accessible from those villages. The proposals location is opportunistic as the site is elevated and currently may be seen from the highway. This is not the intent of the POD (which requires a 10m buffer) or the Open Space Conservation zone to the southern portion of the subject. The intention is to retain vegetation and provide a landscape buffer to screen any development from the highway.

Applicant’s grounds
The plan of development for the estate is now 10 years old and the industrial estate remains vacant (except for temporary uses). The plan of development is arguably out of date given the age of the approval and the slow take up of sites.
Even if Council considers the plan of development to remain relevant, the proposal occupies one (1) lot in this estate. The 0.8 hectare site equates to approximately 12% of the available developable area in the Nandroya industrial estate (total - 6.5 hectares). The plan of development’s intent for the estate (which has not been acted on in 10 years) can still be achieved given that 88% of the Nandroya industrial estate would remain available for land uses that are envisaged by the plan of development.
Assessment
Allowing inconsistent land uses on the site because of current demand of Bruce Highway traffic and a slow land uptake is premature, as Noosa’s long term planning is consistent with and is supportive of the land uses the POD seeks to attract.

Applicant’s grounds
The underlying zoning of the site is Industry. The Noosa Plan identifies the Retail Business Type 5 Vehicle Use (e.g. a service station) as being a consistent use in the Industry zone in numerous localities across the Shire, including in other industrial zoned sites in the Cooroy & Lake Macdonald locality.
Assessment
This is irrelevant as applications are assessed on their merit and site specific.

Applicant’s grounds
The proposal is likely to act as a catalyst for the development of other sites in the Nandroya industrial estate which has lain vacant since the estate was developed. This is a significant community benefit.
Assessment
Location IQ suggests a service station is not a real catalyst and would be unlikely to attract permitted industrial uses establishing.

Applicant’s grounds
Access to and the visibility of the site from the Bruce Highway has been improved as part of the Bruce Highway (Cooroy to Curra) upgrade.
Assessment
Agree, access to the site from the Bruce Highway has improved with the upgrade. The site is currently more visible than prior to the upgrade though the intent of POD is for the industrial estate to be screened from the Highway.

Applicant’s grounds
Proposed advertising signage is consistent with the requirements of the Department of Transport and Main Roads’ Roadside Advertising Guideline.
Assessment
This has no relevance to the assessment of the proposal.

Applicant’s grounds
The Retail Business Type 2 – Shop & Salon use is associated with the service station component. Whilst Council considers this component to comprise its own specific use, it should be noted that the operation, use and function of this part of the building will be primarily related to the service station. The sale of retail goods is considered to be complimentary to and typical of a modern service station.
Fast food drive-through facilities and shops are typical components of such service stations and will address the needs of highway travellers.
Assessment
Agree. A contemporary service station includes convenience retailing and food outlet.

Applicant’s grounds
The site is adjacent to the Bruce Highway and otherwise adjoins Industry zoned land. The site is well separated from residential uses, with the nearest house being located approximately 330m to the east.
Assessment
Agree.

Applicant’s grounds
The site is within the Lake Macdonald water supply catchment but is on land that is already committed for urban development purposes.
Assessment
The site is committed for development but the POD acknowledges the site is within the water catchment by including stringent water quality provisions which the development has not demonstrated compliance with; and excluding noxious and offensive type industries. The service station use is considered a higher risk industrial use and also represents a greater risk to water quality. The precautionary principle should be applied to maintain water quality into the future.

Applicant’s grounds
The site is already serviced by all typical urban infrastructure including sewer and reticulated water.
Assessment
Agree, though this does not represent a ground to justify the conflict with the planning scheme.

Applicant’s grounds
The proposal satisfies all higher order provisions of the planning scheme.
Assessment
This report provides assessment against the Planning Scheme, POD and need for the development.

Signage
The signage generally complies with the Advertising Devices Code except for the quantity of illuminated signs and 1 of the proposed pylon sign is sited within the Open Space Conservation zone. A lighting report has been provided supporting the quantity of illuminated signs and suggests it can meet the Planning Scheme provisions. However, a service station is typically well illuminated and in this case it is imperative for the proposals viability (to be visible from the Bruce Highway). However, it is considered the additional illumination is unwarranted and does not meet the intent of the Advertising Devices Code, would create a halo and is not supported.  Furthermore, siting the pylon sign where it is intended for vegetation to screen any development on-site is not supported.

cONSULTATION
Third Party Advice
Written and verbal third party advice was sought from Seqwater and DTMR during the application.  Their advice forms part of this report.
Other Referrals
The application was forwarded to the following internal Council specialists:
Engineering Officer
Environmental Health Officer
Environment Officers
Principal Strategic Planner
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. Two (2) properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Issues	Comments
The proposal would operate 24 hours when a permitted use would likely operate 6am to 5pm five days per week and impact on the nearby small rural holdings. There is a big difference between the permitted light industry uses and a high traffic establishment open 24 hours, 7 days per week close to rural residential uses.	Disagree, A permitted use could operate 24 hours and attract additional vehicle movements providing there is no adverse amenity impact on the surrounding area.
Cooroy is well serviced by 2 existing service stations and the proposal is not needed	Agree
At the time the owner purchased the land, the Planning Scheme zoning was in place and is now trying to change the zoning to accept a land use which elected representatives have agreed to (meaning the community).	Agree
Service stations along the highway are within a short 30 minute drive.	Agree. Closer off highway service stations are located in Pomona and Cooroy.
A service station was recently refused by Council on a different parcel of land in Cooroy	Agree. Some of the issues associated with the recently refused mixed use service station application are applicable to this application which are discussed in this report.
The development offers no benefit to the township of Cooroy as travellers will bypass the township itself instead of spending money at shops and restaurants in town	Agree.
The proposal would bring to an end our peaceful and private existence	It is unlikely the development would negatively affect amenity of Holts Road residents. It is agreed that it is likely to attract a high traffic volume but the site is located prior to residences and therefore it is unlikely to generate increased traffic movements in proximity to residents.
The final Cooroy south exit configuration will not be conducive to accessing a 24 hour service station.	Disagree. DTMR, the applicant’s and Council’s traffic consultants have determined the access is acceptable for the proposed use.
conclusion
The application is for a service station, convenience retail and food outlet visible from the Bruce Highway on industrial land in the water supply catchment.  The proposed uses are inconsistent with the planning scheme and therefore any decision should be based on whether its’ benefits sufficiently improves community wellbeing to outweigh planning conflicts and impacts.
The development offers some local community benefit in terms of providing additional choice and price, but its’ greatest need is to service the demand created by a gap in highway based service stations/centres.
The development is not conveniently located or readily accessible from the village centres or for the majority of the local community. It has the potential to negatively impact on hinterland villages by directing passing motorists to the proposal rather than using existing facilities in the village centres. Both Cooroy and Pomona have existing fuel, dining and retail options, and opportunities also exist to locate the retail, industrial, and dining uses within these village centres. The level of impact on the local service stations remains unresolved but may be as high as 30%. Furthermore, the proposals viability somewhat relies on visibility from the Bruce Highway which, is not the intent of The Noosa Plan which seeks for the industrial estate to be screened by vegetation.
On balance, it is considered the proposal would greatly benefit passing motorists to the detriment of Noosa hinterlands village centres.
The development is also a higher risk industrial use proposed within the water supply catchment for Lake Macdonald. Seqwater has raised no objection to the application but the in ground fuel storage has unknown risks to water quality. The development does not provide certainty of water quality into the future and a precautionary approach should be taken to avoid inappropriate development within the Lake Macdonald catchment.
The proposal is unlikely to improve community wellbeing sufficiently to override the Planning Scheme and approve the development. Therefore, the application is recommended for refusal, with detailed reasons listed in the recommendation.
Departments/Sections Consulted:
	Chief Executive Officer	X	Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	6 DECEMBER 2016

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2

HOLTS ROAD

      

‘esony!

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Lor 4


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*

 

83- BUILDING SIGN

NORTH ELEVATION
SALE

 

canary CANOPY SIGN

 

  

    
 

 

 

 
  

81+ PYLON SIGN - DOUBLE SIDED 82+ PYLON SIGN - PRICING
DOUBLE SIDED

amen

 

 

 

 

 

 

 

83- BUILDING SIGN

EAST ELEVATION
Oaene Avon 700

vata

‘S4- CANOPY SIGN


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3521975172)

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