Information Request

Officer	:Glen Conforti
Direct Telephone:	 53296241
Our Reference	:MCU14/0102
Your Reference	:1412414124

Empirica Developments Pty Ltd
C/- DFS Group
PO Box 605
MAROOCHYDORE  QLD  4558

Dear Sir/Madam

Information Request
Sustainable Planning Act 2009

I refer to your application and advise that Council requires further information to satisfactorily assess the proposal.
application details
Application No:	MCU14/0102
Proposal:	Development Permit for Material Change of Use of Premises for the following uses: 	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.
Street Address:	139 Eumundi Noosa Rd NOOSAVILLE  QLD  4566 30 Lionel Donovan Dr NOOSAVILLE  QLD  4566
Real Property Description:	Lot 4 SP 159610 Lot 31 SP 170751
Planning Scheme:	The Noosa Plan (16 September 2013)
information required
The information requested is set out below:

Setbacks
The Noosaville Locality Code requires a 6m setback to the primary frontage and 4.5m to any secondary frontage. The proposed setback of 2m is not consistent with other setbacks in Lionel Donovan Drive and given the continuous wall plane is not sufficient to meet the Noosaville Locality Code requirements and is not supported.

Furthermore, Probable Solution S193 of the Noosaville Locality Code requires that a 10m building setback to Walter Hay Drive be provided. The proposed setback varies from 4m to 10 and contains a bio-basin. The intent of the setback is to protect the streetscape and to provide sufficient space for the use of vegetation to soften the impact of the development. Given the building presentation and the prominence of the site, it is considered the building is not sympathetic to and would dominate the streetscape as proposed.

Information Required

Please provide an amended plan with the development setback a minimum of 4.5m to Lionel Donovan Drive.
Provide a greater setback to Walter Hay Drive to reduce the prominence of the development to this frontage.

Bicycle parking
No Bicycle Parking is indicated on the proposal plans.

Information Required

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

Advertising Devices
The plans indicate a Pylon Sign greater than 5m in height and signs that exceed the provisions of the Advertising Devices Code. The Pylon sign in its current form is not supported and no indication of the quantity of signage has been provided.

Information Required

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

Location of Entertainment and dining business
The Noosaville Locality Code requires that new uses are compatible with other nearby uses. The proposal, in particular the Entertainment and Dining Business, is in close proximity to a school.

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

Economic Report prepared by Urban Analytics Australia
It is unclear which aspects of the proposed development the Economic Report pertains to.

Information Required

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

Impact on Industrial Land
The Economic Report does not address the impact of the reduction or loss of Industrial zoned land to Retail Business Type 2 (shop and salon) and Entertainment and Dining Business Type 1 (Food and beverages) uses.

Information Required

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

Data sets
A number of the data sets cited as the basis for the economic need and impact assessment are out of date.

Information Required

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

Trade Area
It is considered that the Economic Report relies on a trade area that is too broadly defined in the context of (a) existing, approved and designated centres (b) the nature and scale of the development proposed and (c) the relative accessibility of the subject site to residents within the north eastern parts of the identified trade area.

Information Required

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.

Existing Centre Network
The assessment of the existing centres network servicing the identified trade area provides insufficient detail to consider the potential influence the centres network might have on the definition of the trade area; to the extent to which the centres network may already be servicing the immediate convenience and take-away food needs of trade area residents and the likely distribution and severity of impacts. Additionally, the existing summary assessment of existing centres appears limited to stand alone shopping centres located within the identified trade area, as opposed to facilities located in centres zones both within and surrounding the identified trade area.

Information Required

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.

Take-away food
The economic report tends to discount the role of take-away food facilities located within Noosa Civic in meeting the take-away food needs of industrial area workers despite Noosa Civic being regularly frequented by industrial area workers in their lunch breaks.

Information Required

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.

Population Projections
The population projections relied upon adopts a rate of population growth that is well above the rate of population growth anticipated by the official OESR medium series projections for Noosaville.

Information Required

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

Retail Expenditure
The analysis of available retail expenditure within the submitted Economic Report does not report the per capita expenditure estimates adopted for the assessment.

There appears to be an inconsistency in the reported available retail expenditure for 2012-13 in Table 3 of the Economic Report and the subsequent estimate of the 2011 available expenditure estimate in Table 5 for 2011 (i.e. the 2012-13 estimate is lower than the 2011 estimate).

Information Required
Provide a revised Economic Report that outlines all assumptions and data used in the analysis (e.g. per capita expenditure estimates).
Review calculations made within the Economic Report for any substantive arithmetic errors that might influence the outcomes of the economic need and impact assessment.

Worker Expenditure on take-away food
Estimates of worker expenditure on take-away food close to their place of work outlined in section 4.6 of the Economic Report (i.e. $1,440 per worker), which would normally form part of a person’s total take-away food expenditure budget, appears to be well in excess of the average per capita expenditure on take-away food. A review of the available retail expenditure analysis indicates that the average per capita expenditure on take-away food is ~$950/person.

Information Required

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.

Turnover
The Economic Report provides no estimate of the proposed development’s (or the relevant parts of the proposed development’s) turnover in its first full year of trade, based on an analysis of likely market penetration or capture from resident and non-resident sources. The estimated turnover in the first full year of trade is an integral input into the calculation or assessment of impact.

Information Required

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.

Hours of Operation
It is unclear as to the hours of operation for the development, in particular the Retail businesses Type 2 & 5 and Entertainment and Dining business.

Information Required

Please provide an indication of the proposed hours of operation.

Frontage Works
The proposed accesses to the site will require significant changes to the levels of the existing concrete footpath along the primary frontage of the site, Eumundi Noosa Road.

Information Required

Provide engineering design plans for the frontage works along Eumundi Noosa Road including but not limited to the following:
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
details and locations of existing services, above and underground, and the services requiring alteration or upgrade
any required relocation of existing street or traffic signs
new accesses to the site
the reinstatement of redundant accesses
changes to the existing on-street parking
any required street line marking.

Stormwater inlet – Lionel Donovan Drive
Changes to the existing stormwater kerb inlet pit due to the proposed new access from Lionel Donovan Drive.

Information Required

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

Loading zone – tyre and mechanical
Concerns are raised regarding the lack of allocation of a loading zone for the tyre and mechanical use.

Information Required

Provide the following:
further information regarding the daily operation of the tyre shop in relation to deliveries and refuse collection, including the type of vehicles used
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.

Delivery Vehicles
Concerns are raised regarding the manoeuvring of delivery vehicles into and from the middle tenancy in the proposed south building.

Information Required

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.

Car parking
It is considered the Traffic Impact Assessment has not sufficiently demonstrated that the number of car parks provided onsite is sufficient to accommodate the development. It appears the motorcycle parking has been calculated on a one for one basis with a car space, contrary to provisions of Planning Scheme Policy 26 – Motorcycle & Motor Scooter Parking.

It should be considered to widen the high-turnover car spaces adjacent to the shop and Entertainment and dining businesses (2.7m).

Information Required

Please provide additional car spaces in accordance with The Noosa Plan.
Provide motor cycle parking in accordance with Planning Scheme Policy 26 – Motorcycle & Motor Scooter Parking.

Bulk delivery refilling of underground tanks
Concerns are raised regarding the impact of the bulk refilling tanker on the access to the fuel dispensing pumps and the traffic flow in Eumundi Noosa Road during the refilling process.

Information Required

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:
to scale plan of the accesses layout (from and to Eumundi Noosa Road) and the turning path of the bulk refilling fuel tankers
the impact on the operation of the fuel pumps and the type of fuel pump/s (ie petrol, diesel or gas bowser) will be affected or closed during refuelling
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
the timing and duration of the bulk refilling process.

Existing Services
It is not clear the impact on existing Unitywater’s infrastructure on the site (reference is made to Unitywater’s Service Advice Notice dated 19/11/2015).

Information Required

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.

Hydraulic and Water Quality
The Water by Design MUSIC Modelling Guidelines require MUSIC models from the Northern end of Sunshine Coast Regional Council (Now Noosa Shire) to use rainfall data from Cooroy Composite Station (40059) with the date range of 1/1/1973 – 31-12/1983. The MUSIC model provided with the application has used rainfall data from Caloundra.

Information Required

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

Bioretention Basin
The submitted stormwater management plan proposes for a 1.8m depth of detention to be provided in the bioretention basin, above the extended detention depth. This will require a depth of 2.1m between the filter media and surrounding surface. To achieve this with the proposed development layout design, it is anticipated that the applicant intends for the surface of the filter media of the bioretention basin to be 2.1m deeper than the surrounding surface with 2.1m high vertical retaining wall surrounds. This proposal for high retaining walls is inconsistent with the design objectives of Sections 3.3.5.3 and 3.3.5.5 of the Water by Design Bioretention Technical Design Guidelines which state that vertical walls around bioretention basins that include flood storage are not recommend, encourage batters in preference to retaining walls and guide for a maximum wall height of 800mm.

In addition retaining walls are prohibitive to future maintenance of the basin and do not allow the basin to be aesthetically integrated into the landscape design.

Information Required

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 Design Guidelines will be achieved and also provide for ongoing maintenance access and
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).

Detention Storage
It is unclear how the provision of the detention storage on top of the bioretention basin will be consistent with the modelled detention basin design for an Ø100mm orifice Outlet Arrangement.

Information Required

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.

Flood Detention
The stormwater management plan proposes for the flooding detention to be contained within the bioretention basins, above the extended detention depth.

The combined depth for detention storage, extended detention depth, plus the depth of filter media will potentially require the underground stormwater drainage to be buried at a depth of at least 3m below surface level. Councils records currently do not detail the depth of existing stormwater drainage on the site, however, it is expected that the existing stormwater drainage will not be deep enough to cater for the proposed design as described above.

Information Required

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.

Stormwater Drainage
The application has not included a general stormwater drainage plan, collection and pipeline layout, for the developed site.

The application proposes for the bioretention basin adjacent to the main intersection of Eumundi Noosa Road and Walter Hay drive to include flood storage, with the overflow to be discharged via a 4m wide weir. It is not clear from the submitted plans whether the weir will direct overflows from the bioretention basin to a legal point of discharge, or whether the proposal may direct flows that exceed designed storm events over the existing pathway and onto the main road.

Information Required

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.
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.

Erosion and Sediment Control
The application has proposed that the site is “low risk” site and does not need an Erosion and Sediment Control Plan. It is relevant to note that the method the applicant applied to calculate the risk of the site was using methods applicable to Building Sites, not earthwork construction sites and only considered that construction activity will occur in low rainfall months. The Queensland Department of State Development, Infrastructure and Planning State Planning Policy December 2013 and the Environmental Protection Act require that construction sites are managed to implement all reasonable measures to minimise the release of sediment to waters. Accepted measures are detailed in the document titled Best Practice Erosion & Sediment Control Guidelines published by the International Erosion Control Association (2008) and should also be consistent with Appendix 2, Part H, Table A of the Queensland Department of State Development, Infrastructure and Planning State Planning Policy December 2013.

Information Required

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.

Landscaping
The development is deficient of approximately 200m² of landscaping. It is considered there is not sufficient landscaping to meet the intent of the Landscaping Code, given the large tilt panel wall presentation to frontages and the boundary setbacks proposed.

Information Required

Please provide additional landscaping in accordance with the Landscaping Code.

Environmental Health
Manifest Quantity Workplace
Service Station design details were not provided for the proposal.

Information required

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.

Environmental Protection
Further information is required to assess the service station and its storm water/spill containment system in order to prevent or minimise environmental harm and demonstrate compliance with the general environmental duty under the Environmental Protection Act 1994.

Information Required

Please provide detailed design information of the service station, including the following as a minimum:
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
maximum storage volume of storage tanks and type of fuel
describe the type of storage tanks (e.g. double containment FRP etc)
location of tanks & distances to protected works, including site plan etc
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
proposed ground water monitoring wells and location
vapour recovery design proposed (Type 1 and/or Type 2)
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)
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)
any sewer pre-treatment devices/options consistent with Unitywater’s Trade Waste Policy and/or advice
regulated waste removal and disposal options
any other information that supports environmental protection.

End of Information Request

Under the provisions of the Sustainable Planning Act 2009, you have three options available in response to this Information Request. You may give the assessment manager (in this instance Council) and each referral agency (if any):

all of the information requested; or
part of the information requested together with a letter asking the assessment manager and each referral agency to proceed with the assessment of the application; or
a letter;
stating that you do not intend to supply any of the information requested; and
asking the assessment manager and each referral agency to proceed with the assessment of the application.

Please be aware that under Section 279 of the Sustainable Planning Act 2009, the applicant must respond to the Information Request within 6 months of the request or otherwise, the application lapses.

A response to the above is required to be submitted, prior to further assessment of the application.  If any further matters arise as part of assessment of this application, you will be advised accordingly.

Council prefers that all the information requested be submitted as one package.  A preliminary assessment only of the application has been undertaken and during the formal decision stage, or as a result of public exhibition, other matters may arise.  You are requested to advise your client directly regarding this request.

You may wish to follow the progress of this application online at www.noosa.qld.gov.au .  The “PD Online” page can be accessed via "Quick Links" on the left hand side of the screen.  A disclaimer will appear; upon clicking “agree”, a search for a development application or property address can be carried out.

Should you have any further queries in relation to the above, please do not hesitate to contact Glen Conforti on the above number.

Yours faithfully

Glen Conforti
development planner

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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