MCU15/0095 & REC15/0022 PM Submission Object - Petition - principal submitter - Tracy Stevens

            Based an the abave, it is therefore considered that the 'inconsistent' reference
           for a 'shop' (which in this case is ancillary to the service station) use is not a
           significant considerationfor this particular application.

6.   A specific outcome for service stations under the Business Uses Code (Part 14, Table
     14-15,083) is that the associated sale of goods, including foodstuffs, is ancillary to the
     service station use. The probable solution provided for this outcome is that the gross
     floor area used for the associated retail sale of goods is limited to 15% of the gross
     floor area. Pursuant to Part 2 of the Noosa Plan - Interpretation,             'ancillary'    means
     associated with, but incidental and subordinate to.


7.   We contend         that the shop does not fall into the category of a small retail shop
     ancillary to the service station,         as it cannot be considered     to be incidental        and
     subordinate to the service station on the following grounds:


     (a)    the service station shop cannot be said to be a minor component of the DA, as it
            is 195m', with the retail floor space comprising approximately          100m'. The shop
            is approximately       32% of total gross floor area (GFA), as defined in Part 2 of the
            Noosa Plan - Interpretation.       This is more than double than the 15% provided in
            the probable        solution   to Specific Outcome    083 and the applicant           has not
            demonstrated        how alternative    solutions   can achieve the specific       outcome
            required.


     (b)    the shop is an integral component        of a modern day service station model and a
            major source of profits, as such, from a commercial           basis, the shop cannot be
            considered ancillary.


8.   We note that         the Noosa Council recently       approved    a Material    Change of Use
     application     over land at 139 Eumundi         Noosa Road & 30 Lionel Donovan                Drive,
     Noosaville (139 Eumundi Nooso Rood DA), for the following range of uses:


            •      Industrial Business Type 2 - Production, Alteration,    Repackaging &
                   Repairing;
            •      Industrial Business Type 1- Warehouse;
            •      Retail Business Type 6 - Hardware Store;
            •      Retail Business Type 5 - Vehicle Uses (service station);
            •      Retail Business Type 2 - Shop & Salon (service station shop); and
            •      Entertainment     and Dining Business Type 1 - Food & Beverages.


9.   Similar to the DA, the subject of this submission,            the 139 Eumundi       Noosa Road
     development      also comprises a service station and retail shop, with the shop also being
     identified    as an inconsistent use as it is to be located in an Industry Zone. In the 139
     Eumundi Noosa Road DA, the applicant successfully argued that the proposed retail
     shop was a minor component of the development,              as it was only approximately       4% of
     the total GFA proposed. This is in stark contrast to the proposed development                 at 115
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