Extension to Currency Period Report MCU13/0086.01

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU13/0086.01
Development Approval	Material Change Of Use - Extension to Currency Period
Applicant	Coles Group Property Developments Ltd
Request Received On	13 October 2017
Report Completed Date	30 October 2017

PROPERTY DETAILS
Property Address	3 Lanyana Way Noosa Heads Qld 4567
RP Description	Lot 54 RP 139776
Land Area	28210.58 m2
Existing Use of Land	Shopping Centre

STATUTORY DETAILS
SEQRP Designation	Urban footprint
Locality	Noosa Heads
Zone	Business Centre zone
Assessment Type	Extension to Currency Period

PROPOSAL
The applicant seeks an extension to the currency period for 4 years, extending until 3 December 2021. The original application was approved for a Retail Business – Type 2 Shop in order to expand the existing Coles supermarket in the Noosa Fair shopping centre. The existing supermarket is approx. 3,850m2 in area and is positioned adjacent the site’s southern boundary.  The proposed extension involves additions to the eastern and western ends of the building of 590m2.
background
A development approval for a Retail Business – Type 2 Shop (extension to the Coles supermarket floor area) was issued on 3 December 2013.
Numerous planning approvals apply to the site, they include the following:

Application No.	Decision and Date
MCU13/0086	Development Permit for Material Change of Use - Retail Business Type 2 Shop & Salon (Extension to Existing Supermarket) 03/12/2013
132009.828	09/0828 Entertainment & Dining Business Type 1  on 24/08/2010
132007.2228	07/2228 Commercial Business Type 2 – Medical on 21/02/2008
132007.1591	07/1591 Entertainment & Dining Business Type 2 - Recreation, Amusement & Fitness (Weight Loss Studio) on 11/10/2007
132003.220988	23489 DA Extend exist approved restaurant on 15/10/2003
132003.220769	23274 DA Minor extension to shop centre-lift on 06/05/2003
132002.220113	22625 DA Ext shop cntr/new shop & rest on 25/07/2002
131998.981565	14856 DA Extend existing premises/building on 29/10/1998
10373 TP	Commercial Service – Automatic Teller Machine kiosk on 1/5/1997
11039 TP	Relocation of staff amenities and an increase inc. retail floor space within a shopping complex of Coles Supermarket on 23/7/1997
3B-375	Extension to an existing warehouse on 19/1/1995
DNA105	Alterations & renovations to an existing shopping centre on 15/3/1988
As well as the following permissible change approvals:
Application No.	Decision and Date
132002.220113.2	22625DA Change a Development Approval – Restaurant with outdoor dining, delete a kiosk from the front entrance/walkway, relocate parking spaces on 14/07/2004
132002.220113.3	22625 DA Change a Development Approval - Add Kiosk on 24/01/2008
Approval MCU13/0086 for previous extensions to the Coles supermarket is considered the most relevant to this application.
At the time the original application was publicly notified, no properly made submissions were received.
assessment
The applicant has requested an extension to the currency period to the development approval under section 86 of the Planning Act 2016.
Noise
Council has received some noise complaints from nearby residents with regard to noise relating to on site waste methods, specifically the compactor noise. Council commissioned an independent noise report which is still ongoing. Based on this noise issue coming to the attention of Council officers, it is reasonable to revisit noise attenuation. The 2013 approval did not address hours for vehicle movements on site or apply hours to upper noise limits. Therefore, it is considered reasonable when agreeing to extend the currency period for the expansion of the Coles supermarket that these issues are addressed. The Environmental Health Unit has recommended appropriate noise conditions to the extended approval. These are new Conditions 26, 27 & 28.
conclusion
The application was originally impact assessable, with no submissions received. The extension complies with the requirements of the planning scheme and does not raise any significant issues. The issues with noise can be addressed through new conditions 26, 27 & 28.
There are no infrastructure charges applicable to this extension as advised by the Infrastructure Charges officer.
In conclusion, the application is recommended for approval for a further 4 years with the development not raising any further planning issues. The proposed extension is still consistent with the current requirements and an extension of the relevant period is recommended until 3 December 2021.
RECOMMENDATION
That Council note the report regarding Application No. MCU13/0086.01, for a Development Permit for Material Change of Use - Extension to Currency Period, situated at 3 Lanyana Way Noosa Heads Qld 4567 described as Lot 54 RP 139776, and approve the extension to the currency period. The new currency period is 3 December 2021.
A.	Approve the extension to the currency period and:
B.	Add new conditions 26, 27, & 28 to MCU13/0086.01 to read as follows:
Noise Nuisance
Noise emission from mechanical equipment shall comply with the following requirements:
(Mechanical equipment such as ventilation, air conditioning, refrigeration, fans, plant rooms, refuse compactors and pumps etc.,)
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  All equipment should be operating at the same time to test the overall noise level created.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the plan development stage so they can recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
Vehicle movements from delivery of goods (including refrigerated vehicles, engine noise, fork lifts, etc.) to the rear service lane and delivery dock area shall only occur between
7.00 am and 7.00pm.

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EXTENSION TO CURRENCY PERIOD – DELEGATED REPORT