Development Application For A Material Change Of Use For A Commercial Business Type 3 Veterinary At 28 Eenie Creek Rd, Noosaville MCU15/0017

DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR A COMMERCIAL BUSINESS TYPE 3 VETERINARY AT 28 EENIE CREEK RD, NOOSAVILLE MCU15/0017

Document information

Author	Coordinator Planning, Denis Wallace
Planning & Infrastructure Department

Index	ECM/ Application/ MCU15/0017

Attachment	1. 	Proposal Plan
2. 	Noosa Business Centre Precinct Plan

APPLICATION DETAILS
Applicant	QIC Noosa Civic Pty Ltd C/- Cardno HRP
Proposal	Development Permit for Material Change of Use of Premises - Commercial Business Type 3 - Veterinary
Properly Made Date	13 March 2015
Decision Due Date	03 July 2015
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	Noosa Civic 28 Eenie Creek Road Noosaville  Qld  4566
RP Description	Lot 3 SP246584
Land Area	166m2 existing tenancy
Existing Use of Land	Vacant Showroom

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Shire Business Centre
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Organisation Committee Meeting dated 26 May 2015 regarding Application No. MCU15/0017 for a Development Permit for a Material Change of Use for a Commercial Business – Type 3 Veterinary situated at 28 Eenie Creek Rd Noosaville and:
A.	Approve the application in accordance with the following conditions:
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
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
PB2.1	B	Construction Plan, prepared by the Petalcad Design	15 December 2014
Nature and Extent of Approved Use
No external use areas are approved by this development permit.
Amenity
The development must not create detrimental impacts on the amenity of the area due to the creation of excessive noise, odour nuisance or other emissions.
B.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The development allows co-location with an existing associated pet supply showroom and is complementary to that business.
The development is generally consistent with the planning scheme intent for the Noosa Business Centre to be a multi-function employment centre.
The development will not unduly impact on the available showroom space available within the Noosa Business Centre.

REPORT
PROPOSAL
The application seeks approval for a Development Permit for a Material Change of Use of premises for a veterinary clinic.  The use is proposed within an existing 166m2 showroom tenancy within the Emporium complex within the Noosa Business Centre that previously traded as a Cash Converters.  No building expansion or external works are proposed, with an internal fitout the only required works.  The fitout works comprise:
Reception/waiting room
2 consultation rooms
Preparation and operating rooms
X-ray room
Dog and Cat ward rooms (back of house)
Toilet
Store
The proposal plan is included as Attachment 1.  The applicant submits the new veterinary use is intended to co-locate with and complement the existing Petbarn pet supplies showroom in the neighbouring tenancy, which it indicates is a strategy being employed by the company nationally.
site details
Background
The development approval for Noosa Civic Stage One was issued by Noosa Council via a Negotiated Decision Notice dated 14 August 2003, and as amended on 17 March 2005 and 13 April 2006.  The approval included 7,200m2 of showrooms constructed with the original shopping centre development and known as the Emporium complex.
Site Description
The site is an existing showroom tenancy within the “Emporium” showroom complex.  The tenancy is 166m2 in size and is rectangular.  Access is from the south via the customer carpark. A photograph showing the subject tenancy (currently Cash Convertors) and the existing neighbouring Petbarn are shown in Figure 2 below.

Figure 2 – Site Photo
Surrounding Land Uses
Immediately adjacent the site are showrooms, with the neighbouring tenancy to the west a furniture showroom and to the east is “Petbarn” pet supplies.  To the south is the Noosa Civic shopping centre and to the southwest is a mix of offices, banks, commercial tenancies, centrelink and a service station. Further afield to the west and southwest is a mix of industrial businesses along Hoffman Drive and Rene Street. Across Eenie Creek Road to the northwest is a mix of car yards and industrial tenancies and to the northeast is a retirement village.
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 Policies;
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
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the urban footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies and regulatory provisions of the SEQ Regional Plan.
Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and falls within Precinct B3 of the Shire Business Centre zone under The Noosa Plan (refer to Noosa Business Centre Precinct Plan included as Attachment 2). The proposed use is identified as an inconsistent use within the precinct and is required to follow an impact assessable application process.
Locality Provisions
The use raises a primary conflict with the Noosaville Locality Code provisions for the Shire Business Centre zone because it is identified as an inconsistent use.  Veterinary surgeries are broadly supported within the Shire Business Centre zone, being a consistent use within precincts E1, E2, E3, E4, E5, E6 and E7, but not within precinct B3, which has predominantly been developed for showrooms.  Given the conflict, the development must demonstrate sufficient grounds exist to support the development in accordance with Section 329 of the Sustainable Planning Act 2009.  The applicant submits the following in support of the proposal:
The proposed development is to be located within Precinct B3 of the Shire Business Centre, which is intended to provide "for showroom and office development” … Whilst it is acknowledged that the proposal does not comprise a showroom or an office use, as defined by the Noosa Plan, the proposed veterinary is a use which is compatible and complementary to the intended function of, and existing uses within, Precinct B3. This is particularly shown when the existing uses within this precinct are considered. While the precinct includes a number of showroom uses, such as Dick Smith Electronics, Super Cheap Auto and BCF stores, it also contains a number of complementary uses including an Australia Post outlet and Godfreys and Beacon lighting stores. These complementary uses do not represent showroom or office uses, however act to complement the offering of uses within the precinct. The proposed development replaces an existing Cash Convertors store, which would also represent a complementary use in the precinct. The proposal therefore does not reduce the supply of showroom (or office) uses in the precinct.
The proposed veterinary use is also directly associated with an adjoining pet store use (which represents a showroom). It is intended to provide a co-located service to pet owners. This approach increases the efficiency of land use within the precinct and further demonstrates the complementary nature of the land use. The opportunity to co-locate the proposed use amongst other uses, including a pet store, demonstrates a community benefit in minimizing travel and road traffic.  This is of particular note given the nature of the use, where use of public and active transport by customers of the proposal is unlikely, given the need to transport a pet for treatment. The use is therefore similar in nature to the bulky goods retailing intended to primarily occupy the precinct. The design of the precinct, with highly accessible car parking, therefore suits this land use, and avoids potential negative impacts of the use, should it be located in a less suitable location.
The applicant’s submission regarding suitable grounds for approval are noted and generally supported.
It is noteworthy that the recent Court approval for a Masters Home Improvement Centre and separate showroom allows further showroom space to be constructed in Precinct E5, in excess of the existing planning scheme limit.  As such, the proposal is not considered to unduly impact on the available showroom floor space within the Business Centre.
The primary reasons to support the veterinary surgery within Precinct B3 are considered to be:
The use complements and is directly associated with the existing pet supply showroom in the neighbouring tenancy.
The use aligns with the overall planning scheme intent for the creation of a mixed use, multi-function employment centre, as vet surgeries are broadly allowed within the Noosa Business Centre.
The use will not unduly impact on available showroom space available within the Noosa Business Centre, as existing showroom approvals exceed the limit set be The Noosa Plan.

Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Driveways and Carparking Code
Landscaping Code
Engineering Works Codes
The application has been assessed against the above applicable codes and generally complies with each.  The use attracts a higher car parking rate under the planning scheme (4 spaces currently provided with 6 to 8 required) but provision of additional parking is not considered necessary as no other new external works are required and the Emporium complex has been observed over an extended period to have ample parking, with many shopping trips combining multiple businesses within Noosa Civic. The veterinary surgery will also effectively share parking with the adjacent pet supply business, with customers combining trips between both businesses.

cONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Advice
ENERGEX is an advice agency for electricity easement matters and advised via letter dated 30 March 2015 it has no objection to the application.
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. No submissions were received.

conclusion
The proposed veterinary use within an existing showroom tenancy in the Noosa Business Centre raises conflicts with the uses identified for the precinct but does not raise any significant planning concerns. A veterinary clinic is broadly supported within the Business Centre within other precincts and the proposed location allows it to co-locate with and complement an existing pet supply showroom. The use broadly aligns with The Noosa Plan’s intent for the creation of a multi-function business centre and will not unduly impact on the available showroom floor space within the centre. The application is recommended for approval, with grounds identified to overcome the planning conflict included in the recommendation.

Departments/Sections Consulted:

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

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	26 MAY 2015