2015-09-15 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                            15 SEPTEMBER 2015


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.
ASSESSMENT
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 there is no change
     to the approved uses onsite and only minor changes to the built form;
   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 would not likely
      cause a person to make a properly made submission as the changes are minor layout
      changes and the community is well aware of the development, being recently 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.
State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
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 Provisions – Planning Scheme
The current approval includes a number of consistent industrial business uses and a 24hr
Entertainment and Dining Business (food outlet). The food outlet is an inconsistent use within the
Industry zone but was approved as the applicant demonstrated an economic need for the use.
Council also generally considered a 24hr food outlet less likely to impact on the existing ‘tradies
cafes’ in the Noosaville Industry Estate.
The change does not include any new uses but seeks a layout change to incorporate a vehicle
drive through for the approved 24hr food outlet use. The Noosa Plan does not differentiate a 24hr
food outlet use with a drive through as a separate use. As such the assessment is to ensure the
drive through does not cause traffic conflict within or external to the site.
The vehicle entry and exit points to Eumundi Noosa Road, the bowser canopy and the food
outlet/service station building have been moved slightly to the north to allow for the drive through
lane along the southern boundary, as shown in Figure 1 above. The drive through will generate
some additional traffic movements within the site. The applicant has provided queuing space for
approximately 7 vehicles prior to the ordering point, 3 prior to the pickup point and 1 dedicated
waiting bay in front of the food outlet building; being a total queuing for around 11 vehicles.


                                                                                   Page 11 of 189