MCU14/0102.03 - Delegated Report

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	MCU14/0102.03 & OPW15/0051
	
Author:	Glen Conforti
	
Project Director:	Glen Conforti - Development Planner
	

APPLICATION DETAILS
Application Number:	MCU14/0102.03  & OPW15/0051
Applicant:	Inline Property Development P/L TTE
Request Received Date:	4 January 2016
Original Approval Type:	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
Number of Submissions for Original Application:	14 properly made (1 objection and 13 in support)

PROPERTY DETAILS
Property Address:	139 Eumundi Noosa Rd NOOSAVILLE  QLD  4566
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
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Locality:	Noosaville Industry zone
Planning Zone:	
Assessment Type:	Change to an Existing Approval

PROPOSAL:

The application seeks approval to add 3 new roofs to cover the order, pick up and pay points of the vehicle drive through of the Entertainment and Dining Business Type – 1 tenancy and to relocate one pylon sign from Walter Hay Drive to Eumundi Noosa Road and change the signs that are proposed to be illuminated resulting in 3 illuminated signs facing Eumundi Noosa Road. Figure 1 below shows the new roof structures.

Figure 1 - New roof locations

Figure 2 shows a perspective view of the new roofs. The roof facing the Eumundi Noosa Road partially encroaches into the front setback.

Figure 2 - Perspective view of the new roofs

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.
On 24 September 2015 Council approved a change to the approval which primarily consisted of including a vehicle drive through to the rear of the food outlet and minor changes to floor areas and car parking.

On 23 October 2016, Council approved a change to the approval to remove Retail Business Type 6 – Hardware Store from the Material Change of Use approval.

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 the application is for minor built form changes with no changes to the proposed uses onsite;
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 are unlikely to cause a person to make a properly made submission because the use changes are a minor built form change and minor changes to the signage onsite and the community is well aware of the development, being 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.

ASSESSMENT:
In terms of the Material Change of Use, 2 of the new roofed areas along the southern boundary raise no concern as they meet the setback requirements of the Industry zone, do not add to GFA and only a minor addition to Site Cover. The third roof is partially within the front setback and is discussed below.

The pick up point roof to the west elevation encroaches into the setback having a triangular portion setback 4.5m rather than 6m and is shown in Figure 3 below. The 4.5m of landscaping between the boundary and the roof will provide sufficient screening to soften any visual impact from Eumundi Noosa Road. In addition, the driveway at this point is slightly lower than the Eumundi Noosa Road which lessens its impact further. The small encroachment does not raise any concerns and is recommended to be supported.

Figure 3 - Setback encroachment

Signage
The applicant seeks approval to have 3 illuminated signs facing the Eumundi Noosa Road, removing one pylon sign from Eenie Creek Road (opposite the school) and removing the illumination of the pylon sign facing Lionel Donovan Drive. There are  a total of 3 illuminated signs  proposed for the whole 7,740m² site.

The proposal requests 3 illuminated signs facing the Eumundi Noosa Road, being:
1 illuminated sign on the  food outlet tenancy (Kentucky Fried Chicken [KFC])
1 illuminated pylon sign near the Eenie Creek Road/Eumundi Noosa Road about
1 illuminated pylon sign adjacent to the bowser canopy

The 2 pylon signs are approximately 40m apart and the proposed KFC illuminated sign is approximately 20m from the nearest illuminated pylon sign. The proposed illuminated signs result in less signage and a greater distance apart than if there were standard industrial lots fronting the road. Given the large lot size, the (approximately) 140m of frontage to the Eumundi Noosa Road,  and the distance between the 3 illuminated signs, the proposed illuminated signs are unlikely to adversely impact on the amenity of the area.

Given the site will be operating 24 hours, it will be significantly lit with security lighting and it’s unlikely the proposed illuminated signage will ‘stand out’ during night time operating hours.

The following Conditions are required to be amended to reflect the changes:

Condition 2 – Approved plans (MCU)
Condition 112 – Approved plans (OPW- signage)
Condition 114 – Clarification of signs approved
Condition 117 – Approved illuminated signs

RECOMMENDATION

APPROVE the request to change a development approval, Application No. MCU14/0102.03 situated at 139 Eumundi Noosa Rd NOOSAVILLE QLD 4566, in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council decided to:
Note: delete the items which are not applicable

A.	Agree to Change Conditions 2, 112, 114 and 117 to read as follows:

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	P	Site layout, prepared by Powe Architects	25/02/2016
DA-01-02	J	Site – Roof & Signage Location Plan, prepared by Powe Architects	25/02/2016
DA-02-01	G	Floor Plans, prepared by Powe Architects	25/02/2016
DA-02-02	D	Floor Plans, prepared by Powe Architects	9/10/2015
DA-03-01	E	Elevations, prepared by Powe Architects	25/02/2016
DA-03-02	E	Sections, prepared by Powe Architects	25/02/2016
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
SK07	P8	Prop. Building Elevations & Perspectives, prepared by Verve Building Design & Concepts	22.02.2016

Advertising devices 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-01-02	J	Site – Roof & Signage Location Plan, prepared by Powe Architects	25/02/2016
DA-05-01	G	Signage Schedule, prepared by Powe Architects,	25/02/2016
SK05	P8	Prop. Building Elevations & Perspectives, prepared by Verve Building Design & Concepts	22.02.2016
SK06	P8	Prop. Building Elevations & Perspectives, prepared by Verve Building Design & Concepts	22.02.2016
SK07	P8	Prop. Building Elevations & Perspectives, prepared by Verve Building Design & Concepts	22.02.2016

This approval authorises the following signs as defined by the planning scheme and shown on the Approved Plans. In this regard:
two (2) freestanding pillar signs fronting the Eumundi Noosa Road to a maximum height of 5m.
no pillar sign is permitted along the Walter Hay Drive frontage
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
three illuminated signs are permitted facing (or viewed from) Eumundi Noosa Road frontage, being 2 freestanding pillar signs and one wall sign located on the tenancy of the Entertainment and Dining business.
The approved illuminated signs must not incorporate flashing lights nor involve illumination by any means other than:
an internal light source
a down light, if externally lit.

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