Council Report OPW19 0046

opw19/0046 - dEVELOPMENT APPLICATION FOR OPERATIONAL WORKS (aDVERTISING dEVICE) SITUATED at 1/100 Rene Street, Noosaville

ocument information

Author	Contract Planner, Ben Thrower
Environment and Sustainable Development Department

Index	ECM/ Application/ OPW19/0046

Attachments	Nil

APPLICATION DETAILS
Applicant	Reece Australia P/L
Proposal	Operational Works - Signage
Properly Made Date	28 February 2019
Information Request Date	N/A
Information Response Date	N/A
Decision Due Date	18 April 2019
Number of Submissions	N/A

PROPERTY DETAILS
Property Address	Noosa Metro Innovation Park, 1/100 Rene Street, Noosaville 4566
RP Description	Lot 1 SP 230643
Land Area	1,585 m²
Existing Use of Land	Industrial Business Type 1 Industrial Business Type 2 Education Type 3

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	The Noosa Plan
Zone	Shire Business Centre Open Space
Overlays	Biodiversity: Environment Protection Area Natural Hazard Overlay: Bushfire Hazard and Acid Sulfate Soils
Assessment Type	Code

RECOMMENDATION
That Council note the report by the Contract Planner to the Planning & Environment Committee Meeting dated 9 April 2019 regarding Application No. OPW19/0046 for a Development Permit for Operational Works - Signage, situated at Noosa Metro Innovation Park, 1/100 Rene Street, Noosaville and:
A.	Refuse the application for the following reasons:
The application proposes an Advertising Device in the form of a Wall Sign in excess of 4m2 signface area which is inconsistent with:
Overall Outcomes of The Noosa Plan’s Advertising Devices Code, being that:
The proposed advertising device does not complement and detracts from the desirable characteristics of the natural and built environment in which the advertising devices are exhibited;
The proposed advertising devices is not designed and integrated into the built form so as to minimise visual clutter;
The proposed Advertising Device exceeds the legitimate need to provide directions and business identification in a manner that is consistent with achieving the codes overall outcomes; and
Signs with a signface area exceeding 4m² are not located in Noosa Shire.
Specific Outcomes of The Noosa Plan’s Advertising Devices Code, being that:
Signs with a signface area exceeding 4m² are inconsistent with the overall outcomes sought by this Code and are not located in Noosa Shire;
The proposed sign is not compatible with the existing and future planned character of the locality in which it is situated;
The proposed sign is not  designed, sited and integrated to not contribute to the proliferation of visual clutter and to not unduly dominate the visual landscape; and
The proposed sign is not of a scale, proportion and form that is appropriate to the streetscape in which it is located.
Probable Solutions of The Noosa Plan’s Advertising Devices Code, being that:
Advertising devices do not include signs with a signface area exceeding the Acceptable Solutions of this Code or 4m², whichever is the lessor; and
General design and amenity complies with the specific requirements for all types of advertising devices, including a Wall Sign, do not exceed a maximum signface area of 4m².
B.	With regard to the other existing Window Sign advise the applicant to:
Make the Window Sign compliant with the Advertising Devices Code’s Acceptable Solutions; or
Remove the Window Sign; or
Lodge a development application seeking approval for the Window Sign.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks a retrospective Operational Works Development Permit for an existing Advertising Device in the form of a Wall Sign (non-illuminated) located on the side of an existing building located at Noosa Metro Innovation Park 1/100 Rene Street, Noosaville (refer to Figures 1 and 2). The subject sign is already erected on the wall of the existing building, in addition to:
A second unapproved and non-conforming Window Sign which does not form part of this application; and
An existing pylon sign which is located within the common property of Noosa Metro Innovation Park.  This sign is the outcome of a successful appeal and approval by the Planning and Environment Court on 20 July 2009 following a decision by Council to refuse the sign.
This application is in response to a compliance check undertaken by Council’s Compliance Officer on or about 20 November 2018, who found the existing Wall Sign does not conform to the original approved plans and/or the Noosa Plan provisions.
The subject sign comprises a width of 5.6m and height of 1.57m, being a total signface area of 8.792m² (refer to Figure 3). Pertinent to the assessment of this application, the applicant considers the proposed sign is consistent with The Noosa Plan signface area provisions for the following reasons:
“The proposed sign is compatible with the character of the industrial business locality in which it is exhibited. The locality comprises predominately of large, industrial buildings including examples of signage of similar or greater dimensions;
The proposed sign is compatible with the scale and proportion of the building with the sign reflecting 2.5% of the northern façade;
The proposed sign is of scale, proportion and form that is appropriate to the streetscape with the sign being integrated into the built form and proportionate to the size of the building. The sign is also compatible with other development in the immediate locality such as the directly adjacent Trade Link;
The sign has been carefully considered so that it is integrated into the built form and proportionate to the size of the building with the size limited to 2.5% of the northern façade. Furthermore, the proposal seeks to consolidate signage into a single sign rather than having multiple signs so as to minimise visual clutter. The proposed sign is maintained below the total overall signage allowance of 10sqm for the site;
The sign maintains and supports a high standard of architectural, urban and landscape design for the site in manner that is compatible with the industrial business locality.”
The application is before Council in accordance with the current decision making delegations because the proposed Wall Sign is recommended for refusal.

Figure 1 - Proposed Advertising Device (Wall Sign) location

Figure 2 - Photo of the subject Wall Sign, the unapproved Window Sign and existing Pylon Sign servicing 11 lots within the estate, as viewed from Rene Street

Figure 3 - Proposed Wall Sign dimensions, being 5.6mm width, 1.57m height and 8.792m² signface area.
site details
Background
On 13 May 2008 a Development Permit was granted for a Material Change of Use for Industrial Business Type 1 & 2 and Education Type 3 uses to operate on the site.
On 20 July 2009, the Planning and Environment Court issued a consent order permitting a 9.5m high Pylon Sign (Council reference 142008.1689).  The sign was constructed soon afterwards and now provides a place for businesses within the estate to advertise, as seen within Figure 2.
On the 14 October 2010, an estate containing eleven individual lots and common property was created.  The common property includes the driveway/access point to each lot and the location of existing Pylon Sign.
On 16 February 2018 a minor change to the existing approval was granted which included plans of development for the subject building (Council reference 132007.1841.7).  The approved plan identifies two proposed Wall Signs, with each sign complying with the Noosa Plan, being 4m width, 1m height and a signface area of 4m² (refer to Figure 4).

Figure 4 - Extract of plans approved 16 February 2018 illustrating two wall signs, each complying with the Noosa Plan, being 4m width, 1m height and a signface area of 4m².
On or about 20 November 2018 Council’s compliance officer noted the existing sign does not conform with:
The signage plan assessed and approved as part of the preceding change to the existing approval; and
The Noosa Plan provisions as they relate to Advertising Devices.
As a result the applicant was advised that the sign needed to be reduced to 4m² signface area or an application (i.e. this application) would need to be submitted to Council.
Prior to lodgement of this application, the applicant’s representative contacted Council’s planning department, whereby they were advised that Council’s planners would likely recommend the application be refused based on conflicts with the Noosa Plan provisions.  Regardless of this advice, the applicant proceeded to lodge this application as is.
On 14 March 2019, being post lodgement of this application, the applicant’s representative was again advised that Council’s planners would likely recommend the application be refused based on conflicts with the Noosa Plan provisions.  Regardless of this advice, the applicant’s representative advised that they wished to proceed to a final decision to be made by Council.
Of relevance to the assessment and decision making for this development application, Council strengthened the signface area provisions within The Noosa Plan at its Ordinary Meeting on 15 June 2017 as part of the package of alignment amendments undertaken with the transition to the new Planning Act 2016.  The amendment was directly in response to unfavourable mediation outcomes relating to the nearby StorageFirst Self Storage application for signage (Council reference OPW15/0214) and to address changes to decision rules under the Planning Act 2016.  Based on the outcomes of this mediation process, Council’s solicitor recommended that:
The Advertising Devices Code is strengthened if Council wishes to enforce the maximum signface area of 4m² for all developments; and
The maximum signface area should be included as an item within the outcomes of the Advertising Devices Code rather than relying on the more subjective statements of the then current overall and specific outcomes of the code.
Site Description
The site supports an existing warehouse operating as an Industrial Business at 1/100 Rene Street, Noosaville (refer to Figure 5).
The site forms part of the Noosa Metro Innovation Park estate, which consists of similar warehouses and uses, while some of the lots within the estate remain vacant. The common property within the estate supports the existing Pylon Sign.
The proposed location of the Wall Sign is clearly visible from Rene Street.

Figure 5 - Aerial Photo of the site and Noosa Metro Innovation Park estate, illustrating the existing Pylon Sign, Wall Sign and Window Sign.
Surrounding Land Uses
The site is surrounded to the north and west by other similar Industrial Warehouse uses and Eenie Creek Bushland Reserve to the south and east (refer to Figure 6).
Adjoining the estate to the west is StorageFirst Self Storage which includes two signs exceeding 4m² signface area, being 6m² each. These signs are the result of a successful appeal against Council’s decision to refuse the proposed signs on the basis they exceed 4m² this occurred prior to Council strengthening its provisions related to signage in 2017.

Figure 6 - Aerial photo of the site and surrounding land uses.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the urban area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the Advertising Devices Code. The pertinent issues arising out of the assessment against the code provisions generally relate to the proposed sign’s 8.792m² signface area exceeding 4m². In addition, it is also considered the size and siting of the proposed sign is an excessively prominent element of the streetscape, contributes to the visual clutter in the street and is not consistent with the unobtrusive signage strategy sought for Noosa Shire.
Notably, the surrounding locality includes some other signs which exceed 4m² signface area. However, these signs have either been approved under court order, following a Council resolution to refuse the subject signage and/or are unlawful, with no development permit in place. It is noted that the Planning Scheme was amended, following the most recent Court Order, to strengthen Council’s resolution that advertising devices exceeding 4m² signface area are not located in Noosa Shire.
On this basis, the proposal is not supported as it is inconsistent with:
1.	Overall Outcomes of The Noosa Plan’s Advertising Devices Code, being that:
The proposed advertising device does not complement and detracts from the desirable characteristics of the natural and built environment in which the advertising devices are exhibited;
The proposed advertising devices is not designed and integrated into the built form so as to minimise visual clutter;
The proposed Advertising Device exceeds the legitimate need to provide directions and business identification in a manner that is consistent with achieving the codes overall outcomes; and
Signs with a signface area exceeding 4m² are not located in Noosa Shire.
2.	Specific Outcomes of The Noosa Plan’s Advertising Devices Code, being that:
Signs with a signface area exceeding 4m² are inconsistent with the overall outcomes sought by this Code and are not located in Noosa Shire;
The proposed sign is not compatible with the existing and future planned character of the locality in which it is situated;
The proposed sign is not designed, sited and integrated to not contribute to the proliferation of visual clutter and to not unduly dominate the visual landscape; and
The proposed sign is not of a scale, proportion and form that is appropriate to the streetscape in which it is located.
3.	Probable Solutions of The Noosa Plan’s Advertising Devices Code, being that:
Advertising devices do not include signs with a signface area exceeding the Acceptable Solutions of this Code or 4m², whichever is the lessor; and
General design and amenity complies with the specific requirements for all types of advertising devices, including a Wall Sign, do not exceed a maximum signface area of 4m².
While the existing unapproved and non-compliant Window Sign (refer to Figure 2) does not form part of this application, it is considered likely the same assessment outcome would apply should a development application be lodged seeking its approval. On this basis, and post Council’s decision of this application, it is recommended that Council’s compliance officers advise the applicant to either make the sign compliant, remove the sign or lodge a development application seeking a development permit for the sign.
draft planning scheme
The Draft Planning Scheme does not contain any assessment criteria relevant to Advertising Devices. Alternatively, Advertising Devices are proposed to be assessed under a new Local Law which is currently under draft.
cONSULTATION
Referral Agencies
Nil.
Other Referrals
Not applicable.
Public Notification
Not applicable.
conclusion & REASONS FOR DECISION
The application seeks a retrospective Operational Works Development Permit for an existing Advertising Device in the form of a new Wall Sign located on the side of the existing industrial building located at Noosa Metro Innovation Park, 1/100 Rene Street, Noosaville. The proposed Advertising Device, in the form of a Wall Sign in excess of 4m² signface area, is considered inconsistent with the Overall Outcomes, Specific and Probable Solutions of the Advertising Devices Code because:
Signs with a signface area exceeding 4m² are not to be located in Noosa Shire;
The proposed advertising device does not complement and detracts from the desirable characteristics of the natural and built environment in which the advertising device is exhibited;
The proposed sign is not compatible with the existing and future planned character of the locality in which it is situated; and
The proposed sign is not of a scale, proportion and form that is appropriate to the streetscape in which it is located.
On this basis, it is recommended the application is refused.
While the existing unlawful Window Sign does not form part of this application it is recommended that Council’s compliance officers advise the applicant to:
1.	Make the Window Sign compliant with the Advertising Devices Code’s Acceptable Solutions; or
2.	Remove the Window Sign; or
3.	Lodge a development application seeking approval for the Window Sign.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	9 APRIL 2019

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APPROVED PLAN
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