2019-12-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 10 DECEMBER 2019


As discussed above, Retail Business located in the Mary Street/ Thomas Street Precinct is
identified as an inconsistent use within the Business Centre Zone in the Noosaville Locality. The
part of the subject site which falls within the precinct, currently supports an inconsistent use and
operates as a vehicle hire premises defined in the planning scheme as Retail Business Type 5
Vehicle Uses. The proposed development, whilst extending into the Mary/Thomas Street
Precinct, is located at one end of the precinct adjacent a site zoned for retail business uses and
which is currently developed for a service station. The proposal will also provide for improved
amenity outcomes to adjoining premises.
With regards to the built form of the development, considerable time was spent with the applicant
on the previously withdrawn application, where it was clearly articulated that development within
the Mary Street/ Thomas Street precinct must provide a residential, scale, character and
appearance. Whilst the previous application did not achieve this outcome the current application
is a significantly improved design providing for form and materiality more consistent with the
surrounding area and consistent with the outcomes sought by the planning scheme. The
appearance of the proposed service station is substantially superior to the existing service station
and vehicle hire premises on the site which are not residential in character despite the two small
caretaker’s dwellings on the upper level of the existing service station building. The proposed
development reasonably maintains a domestic scale despite the increase in site area by
inclusion of Lot 21 in the footprint of the service station. The proposed buildings do not present
as overbearing in context of the surrounding residential and commercial premises, with overall
height consistent with a residential premises.
Amenity of surrounding residential premises has been considered through the 3 metre setback to
the northern boundary which in effect creates a setback to the residential uses of over 6 metres
by virtue of the existing stormwater easement which separates the two uses. Acoustic amenity
has been considered by inclusion of an acoustic wall along both the northern and western
boundary. The very nature of a service station precludes the provision of car parking at the rear
of the site. The majority of vehicles will likely be stationery at the bowsers while others may park
for short periods of time in the available car parking spaces provided adjacent the eastern
boundary. It is considered that the siting of car parking as proposed is acceptable in this instance
as the removal of such parking spaces to the rear of the site will do little to alter the visual effect
of motor vehicles that are the dominant aspect of such a use.
The change in impacts resulting from the proposal in comparison to the existing situation is likely
to be negligible and overall the proposal offers significant improvements to the existing situation.
Land Use & Works Provisions
The application has been assessed against relevant codes of the planning scheme. The pertinent
issues arising out of the assessment against the codes are discussed below:
Business Uses Code
The proposed siting of the service station is consistent with the code as it is located within a
commercial zone.
The proposal seeks to protect the adjoining residential amenity by providing a suitable setback to
the northern boundary with an acoustic wall on the boundary, noting that a 3 metre drainage
easement is situated between the development and the residential development to the north of
the site.
It is proposed that the service station operate between 5am and 10pm consistent with the
operating hours of the existing service station. The code seeks to limit the hours of operation
where adjoining a residential use between the hours of 7am and 10pm. The earlier starting time
of 5am is supported noting that this is consistent with the existing operating hours and
appropriate acoustic measures are proposed to mitigate potential impacts.




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