MCU16/0084 & OPW16/0157 - Development Application For Material Change Of Use Of Premises For A Service Station, Convenience Shop & Food Outlet And Operational Works For Signage At 140-142 Eumundi Noosa Road, Noosaville

MCU16/0084 & OPW16/0157 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE OF PREMISES FOR A SERVICE STATION, CONVENIENCE SHOP & FOOD OUTLET AND OPERATIONAL WORKS FOR SIGNAGE AT 140-142 EUMUNDI NOOSA ROAD, NOOSAVILLE
Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM/Application/MCU160084 & OPW16/0157

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Denmac Nominees Pty Ltd
Proposal	Development Permit for Material Change of Use of Premises - Retail Business Type 5 - Vehicle uses, Retail Business Type 2 - Shop & Entertainment & Dining Business - Type 1 - Food & Beverages
Properly Made Date	27 July 2016
Information Request Date	16 August 2016
Information Response Date	23 September 2016
Decision Due Date	17 November 2016
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	140-142 Eumundi Noosa Road, Noosaville
RP Description	Lot 2 RP 173876
Land Area	2428m²
Existing Use of Land	2 x industrial tenancies and lunch bar tenancy

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural hazards Overlay – Low Potential Acid Sulfate Soils
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 8 November 2016 regarding Application No. MCU16/0084 for a Development Permit for a Material Change of Use of Premises - Entertainment and Dining Business Type 1 Food and Beverages,  Retail Business Type 2 Shop & Type 5 Vehicle Uses and Development Permit for Operational Works – Signage OPW16/0157 situated at 140-142 Eumundi Noosa Road, Noosaville and:
A.	Approve the Material Change of Use for the Entertainment and Dining Business Type 1 Food and Beverages, Retail Business Type 2 Shop & Type 5 Vehicle Uses, subject to the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA02	9	Site Location Plan, prepared by Thomson Adsett	19/09/2016
DA03	7	Elevations 01, prepared by Thomson Adsett	19/09/2016
DA04	6	Elevations 02, prepared by Thomson Adsett	19/09/2016
LP-01	B	Landscape Concept Plan, prepared by Urbis	24.08.2016
Nature and Extent of Approved Use
The approved Gross Floor Area of the Convenience Shop is 100m².
The approved Use Area of the Entertainment and Dining Business is 90m².
Building Height
The maximum height of the development must not exceed 10 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works for any civil works (or landscaping). The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
The development must be landscaped in accordance with the approved site plan and landscape concept plan, Planning Scheme Policy PSP3 - Landscaping Plants and Guidelines and an Operational Works approval and must include in particular:
the trees in the Project Avenue road reserve must be retained where not required to be removed for vehicle access.
the setback area fronting Project Avenue must be densely landscaped. Two (2) x 45 litre trees must be planted in addition to the existing trees which are indicated to be retained on the approved plan.
dense planting to the landscaped gardens along the Eumundi Noosa Road frontage must be provided which must include 1 medium shrub or 1 small tree in each garden except for the southern garden where 2 medium shrubs or 2 small trees must be provided.
Signage
The development must comply with the Acceptable Solutions of the Advertising Devices Code, including the proposed food outlet sign which must be reduced so as to not exceed a sign face area of 4m².
Earthworks
All earthworks and associated retention structures must be undertaken in compliance with a Development Permit for Operational Works generally in accordance with Drawing No: B16239-CSK01 Rev D dated 22/09/2016, titled Preliminary Earthworks Layout Plan, prepared by Lambert & Rehbein engineers.
All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical supervision and testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B.
All Earthworks and construction works must be carried out taking into consideration the protection of any existing above and below surface services, and the stability and protection of fences and any buildings and structures on the adjoining properties.
Site Access and Driveways
Sealed access driveways must be provided from Eumundi Noosa Road and Project Avenue generally in accordance with approved plans. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
driveway crossovers in accordance with IPWEAQ standard drawing SEQ R-051 and with levels and grades in compliance with the applicable Sections of AS 2890.1 and AS 2890.2.
levels and grades that match the levels and the grades of the existing concrete footpath without posing safety or trip hazards.
the relocation or modification to any existing public services affected by the driveway works.
all redundant driveway/s must be removed and the area reinstated in accordance with a landscaping approval.
Car Parking
A minimum of 18 car parking spaces and 4 motor cycle parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
1 disabled parking space within the total.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Service Vehicles
All required service vehicles’ parking, manoeuvring and standing spaces must be provided on the site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Heavy Rigid Vehicle (HRV) space.
A regular access for a 19m B-Double refuelling vehicle.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a dedicated pedestrian pathway along the northern boundary to provide a link between the Eumundi Noosa Road footpath and the building. The pathway must be clearly marked for pedestrian use.
signage and lighting at strategic locations to direct people to building entries.
any required pedestrian refuge areas within the carpark to ensure safe and convenient pedestrians movements within the site.
a total of 3 bicycle parking spaces.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Undergrounding of Existing Overhead Power Connections
Any existing overhead electricity connections to the site must be removed and new service connections must be provided underground.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Damage to Services and Assets
Any damage caused to existing services and assets above or below the ground must be repaired:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval issued in accordance with The Noosa Plan and the Queensland Urban Drainage Manual.
The stormwater detention system for the development must achieve the outcomes detailed in Section 3.5 of the Stormwater management Plan for Noosa Energy Centre – 140-142 Eumundi Noosa Road, Noosaville for Denmac Nominees Pty Ltd by Lambert & Rehbein Engineers Managers Scientists dated 14 July 2016 reference number B16239CR002.
A stormwater quality treatment system must be provided for the development to achieve pollutant reduction targets of 90% reduction in gross pollutants, 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen.
The Operational Works application must be supported by a MUSIC model that includes water quality treatment nodes endorsed by Stormwater Australia or their delegate to meet the Stormwater Quality Improvement Devices Evaluation Protocol. Evidence of the endorsement of the product must be provided with the Application for Operational Works.
Any proprietary stormwater quality improvement product must be:
designed and installed in accordance with its relevant Technical Design Guide;
incorporate adequate high flow bypass for peak flows that exceed the design capacity of the system;
include energy dissipation to prevent resuspension of accumulated sediment;
include for activation of any necessary components following key rainfall events for the device (i.e. for Stormwater 360, the design must include for activation of the siphon following a 5mm rainfall event over the catchment area.
All proprietary stormwater quality treatment devices must be routinely checked, serviced and cleaned in accordance with the manufacturer’s recommendations. Records of all maintenance activities undertaken must be kept and made available to Council upon request. Where replacement cartridges or other necessary components for the system become unavailable, an alternative system is required to be retrofitted into the development to achieve an equivalent pollutant reduction outcome.
A copy of a signed supply agreement between the site operator and the stormwater filtration system supplier for the replacement and maintenance of treatment components of the proprietary stormwater quality treatment devices must be provided to Council prior to issue of Operational Works Approval. The supply agreement must be for at least 10 years.
Stormwater Harvesting
Operating stormwater harvesting tanks must be provided for the development. The tanks must be provided in accordance with a Building Works for above ground tanks, or Operational Works Approval for below ground tanks and must include in particular:
a minimum capacity of 5,000L  to deliver the outcome proposed in item 9 of the letter from Lambert & Rehbein Engineers Managers Scientists to Urbis dated 23 September 2016 with reference number B16239CL002.
re-use of harvested rainwater for internal non-potable uses and outdoor uses.
Acid Sulfate Soils
An acid sulfate soils investigation (with recommendations) for the management of the proposed development must be undertaken by a qualified person* in accordance with the Queensland Acid Sulfate Soil Technical Manual Soil Management Guideline v4.0 (2014), or a more current version and submitted with the application for Operational Works.
All works must be carried out in accordance with the Acid Sulfate Soil and Groundwater Management Plan for the development prepared by a qualified person* and referenced in a Development Permit for Operational Works. *(Refer to Advisory Note)
All waters, including stormwater runoff, groundwater seepage and leachate from acid sulfate soils must achieve the following quality prior to release from the site:
a pH range of 6.5-8.5 pH units
50mg/L maximum  total suspended solids concentration
0.3mg/L maximum total iron concentration
0.2mg/L maximum total aluminium concentration
no visible plume at either the point of release from the site or within a waterway
Any underground tanks including the underground detention tank stormwater quality improvement proprietary device must be and  designed and constructed as a water excluding structure in accordance with Australian Standard AS3735 “Concrete Structures for Retaining Liquids” to ensure groundwater does not enter after construction is completed.
All treated material must undergo verification testing at the rate of one sample per 250m³ throughout the duration of the excavation phase of the development. The verification testing must be undertaken by a qualified person* using the SPOCAS or Chromium Reducible Sulphur testing suite and the results must be submitted to Council for appraisal.
ENVIRONMENTAL HEALTH
Development Code – Hazardous Industry
The design, specifications and construction of the Manifest Quantity Workplace (MQW) storage and dispensing of petroleum products (Service Station) is to comply in all respects with the Model Development Code for Hazardous Industries and Chemicals - Workplace Health and Safety Queensland(WHSQ)
Certification must be provided to Council from a suitably qualified person* which certifies that the design, construction, operation and safety of the MQW (specifically including the design and operation of the stormwater quality improvement device: treatment tank/Stormwater 360 pods filter cartridges & detention tank) complies in all respects with the WHSQ Code prior to commissioning the site.
A suitably qualified person* is a Registered Professional Engineer of Queensland with experience and knowledge in the design and operation of the storage and dispensing of petroleum products.
Environmental Protection – General Environmental Duty S319
A copy of this decision notice must be kept on site in a location readily accessible to personnel carrying out this activity.
Notwithstanding any other condition of this decision notice, this notice does not authorize any release of contaminants that cause or is likely to cause an environmental nuisance beyond the boundary of the property.
Underground Tanks
The underground petroleum storage system (UPSS) must be designed by a suitably qualified person** with relevant industry experience, and a copy of the design certification must be provided to Council prior to issue of development permit for operational works.
The site must contain a total of 150,000L of underground petroleum storage consisting of 1 x 80,000L tank and 1 x 70,000L tank.
Underground tanks must be non-corrodible and be constructed of either:
fibre-reinforced thermosetting resin (fibreglass) that is compatible with the product; or
a steel inner wall and a fibre-reinforced thermosetting resin composite (fibreglass) outer wall with an interstitial space between the 2 walls.
Underground tanks must be double walled and have an interstitial space between the two (2) walls of the tanks that is capable of being monitored for any breach of either the inner or outer wall of the tank.
All tanks are to meet the requirements of UL 1316 Glass fibre reinforced underground storage tanks for petroleum products, alcohols and alcohol gasoline mixtures or the equivalent.
A Certificate of Compliance must be provided by the manufacturer of the tanks to Council prior to the commissioning of the tanks for service.
An overfill protection valve must be installed in the drop tube of the tank and calibrated to prevent the tank from being filled in excess of 90% of its capacity. An overfill alarm must be installed to visually and audibly alert persons in the vicinity of the tank.
Leak Detection UPSS
The leak detection system of the UPSS must:
detect a leak from any portion of the underground storage system
use equipment that has been installed, calibrated and commissioned in accordance with the manufacturer's instructions
be capable of detecting a leak at a rate of 0.76L per hour or more with at least 95% accuracy and a probability of false detection of 0.05 or less (United States Environmental Protection Agency (USEPA)
be certified by an independent third party, consistent with the current USEPA protocols and system of verification (USEPA 1990, 40 Code of Federal Regulation Part 280, Subpart D)
A Certificate of Compliance must be provided by the independent third party that the UPSS leak detection system is consistent with the current USEPA protocols and system of verification and be provided to Council prior to the commissioning the UPSS.
Leak Detection System for Underground Tanks
The following leak detection systems must be used for the underground tanks:
statistical inventory reconciliation (SIR) that includes a software-based system where daily tank dip readings, delivery records and sales records are entered onto a proprietary software package; or
automatic tank gauging (ATG) that includes an automatic system using an arrangement of sensor probes and other devices that monitor the underground petroleum storage system and provide inventory information and leak testing;
a tank pit observation well at the lowest point of each tank excavation pit.
Leak detection systems for the underground pipework must include:
electronic line leak detection (ELLD) for pressure piping; or
safe suction for suction piping;
for remote fill lines, a statistical inventory reconciliation system to monitor leaks in the fill lines.
All underground pipework must be made of approved, non-corrodible materials which include either:
fibre-reinforced thermosetting resin composite (fibreglass) compatible with the product to be transferred; or
flexible plastic meeting the requirements of UL971 Standard for non-metallic underground piping for flammable liquids.
All product piping must have secondary containment consisting of double-walled piping with an interstitial space.
A Certificate of Compliance is to be provided by the manufacturer that the pipework meets the Standard and be provided to Council prior to the commissioning the UPSS.
Fill/Vapour Recovery Points
Each tank fill point is to be:
clearly labelled and identified in compliance with AS 4977-2008 Petroleum products - Pipeline, road tanker compartment and underground tank identification
fitted with a camlock type or other liquid-tight connection
provided with spill containment of at least 15L capacity per spill point.
All fill and vapour recovery points must be earthed in compliance with AS 1020-1984 The control of undesirable static electricity and AS 3000-2007 Electrical installations.
Monitoring
Monitoring of the interstitial space of the double walled tanks or product piping must be capable of detecting a release through either wall of the tank or product piping.  A 6-monthly inspection program conducted by a suitably qualified and experienced person is required to monitor the following:
the system is active;
leak detection measurements (e.g. liquid levels or pressure levels) are within manufacturer’s tolerances;
leak detection measurements are recorded;
any loses outside the manufacturer’s leak detection tolerances are to be reported to council in writing and the tank owner immediately.
Fuel Dispensing Area (FDA)
The FDA must be designed and constructed to ensure that no vehicle may be refuelled outside the delineated area.
The FDA must be designed and constructed so as to prevent the entry of watershed from overland stormwater flows entering the fuel dispensing forecourt.
All ground surfaces within the FDA must be constructed of impermeable materials free of gaps and/or cracks. Suitable materials include waterproofed, reinforced concrete or an approved equivalent.
The FDA must be clearly demarcated from the outer forecourt area, access roads, general parking bays and all other areas to clearly delineate the higher contamination risk area from lower risk areas.  Acceptable demarcation methods include a painted line on the ground, roll-over bunds, drainage lines or different coloured impermeable material.
The canopy  installed over FDA must be designed to minimise the amount of rain entering the dispensing area and shall overhang by a horizontal distance of at least one-quarter of the roof height out from the vertical above the boundary of the demarcated fuel dispensing area as per drawing B16239-CSK01.
Stormwater from roofed areas must be directed away from the FDA catchment.
The area within the FDA must be graded and drained to a containment vessel (or collection sump) with no connection to stormwater or sewer or above ground detention tank (i.e. a ‘blind sump’). Acceptable materials of construction include precast concrete with a minimum certified design life of 50 years, designed in accordance with AS 3600-2009 Concrete structures.  Other materials of construction may be used where approved by Council.
The containment vessel must have a capacity to hold a volume equivalent to at least that of the largest tanker compartment likely to be delivering fuel to the site plus an allowance for windblown rain (i.e. no less than 10,000litre capacity).  Windblown rain allowance in m3 (Vr) can be calculated using the following equation: Vr = 0.005 x 3 x Po where Po is the total length of the open perimeter of the canopy in metres.
Signage indicating the rate of flow must be provided for drainage inlets in the FDA.  Examples include 'Flows to blind sump', or 'Flows to containment facility'. Signage is to be painted or otherwise indicated around the drain inlets.
Where fuel deliveries are intended within the FDA, the standing area must be clearly demarcated and graded to the FDA containment vessel as per drawing B16239-CSK01.
A liquid-tight dispenser sump must be installed under each dispensing unit.  It is to be designed to house all pipework joins and fittings and to collect and contain any leak from contaminating the surrounding soil/groundwater.
Uncovered Forecourt Area (UFA)
All ground surfaces of UFA liable to contamination from vehicular activities must be constructed of impermeable materials, free of gaps or cracks. Suitable materials include asphalt, waterproofed, reinforced concrete or an approved equivalent.
Signage indicating the rate of flow must be provided for drainage inlets in the UFA.  Examples may include 'flows to stormwater treatment system' or 'flows to creek'.  Signage is to be painted or otherwise indicated around the drain inlets.
Road tanker delivery stands located within the UFA must be clearly demarcated and sited away from buildings, traffic areas, dispensing areas and emergency escape routes.  The road tanker delivery stand is to be normally drained to the UFA stormwater quality improvement device (SQUID), however, diversion valves are to be engaged during fuel delivery operations to divert drainage to the FDA containment system (blind sump).
Stormwater Quality Improvement Device (SQUID)
All stormwater from UFAs must be captured and drained to the approved SQUID.
The SQUID (treatment tank/ Stormwater 360 pods filter cartridges & detention tank) intended to be installed as part of the stormwater drainage system for the UFA, must incorporate the following design measures as a minimum:
steel bars or trash gates with at least 20mm spacing;
filtration devices such as sand filters or gross pollutant traps capable of removing litter (diameter greater than 5mm) and at least 70% of fine sediments (>125µm).
a wastewater treatment device, such as an oil and hydrocarbon separator, triple interceptor or equivalent, capable of removing droplets larger than 60µm (i.e. corresponding to outlet discharge of approximately 15mg/L) and to a point where there is no visible sheen or odour on stormwater.  This device is to be able to meet these requirements during a storm up to the 2 year ARI-6 minute design rainfall event without surcharging or backing up the drainage system.
flow cut-off valves are to be installed at the outlet from the separator to use in case of an emergency or cleaning operations.
be maintained in accordance with the manufacturers recommendations.
be engineered to ventilate any likely hazchem vapour and make a safe working environment in accordance with the Model Development Code for Hazardous Industries and Chemicals - Workplace Health and Safety Queensland.
Equipment Integrity Test (EIT) of UPSS
An EIT of the UPSS is to be conducted by a duly qualified person in accordance with the manufacturer’s written instructions specific to the UPSS.
The EIT must be capable of detecting a leak of 0.38 litres per hour, with a probability of detection of at least 95% and of false detection of 5% or less in accordance with AS 4897–2008 – The design, installation and operation of underground petroleum storage systems.
The EIT must be a nationally approved and certified method of testing that meets, at a minimum, the requirements or certification standards of the United States Environmental Protection Agency (USEPA 1990).
The EIT of the UPSS must be undertaken at the following times :
immediately before commissioning the new UPSS
immediately following any modification to the UPSS
immediately following installation of re-used equipment
immediately following any equipment retrofit
immediately following any repair to UPSS equipment
where the leak detection systems indicate failure
where there is only one method of leak detection system in use
where there is evidence of a leak
when requested by Council
The results of any EIT must be provided to Council upon commissioning the UPSS and as requested by Council and must provide as a minimum the following information:
equipment identification number
location and date of test
results of test and test method
certification by and details of testing company or individual
discussion, conclusion and any remedial actions proposed, implemented and timetable for compliance.
Stage 1 Vapour Recovery
Each underground storage tank is to have:
vapour return lines that return all vapour displaced from the storage tank to the delivery tanker;
vapour-tight couplings on the vapour line that close automatically when disconnected;
liquid-tight couplings on the liquid transfer hoses;
incompatible liquid and vapour couplings;
spill containment enclosures for the storage tank fill connection point;
secure seals on tank filling pipes and vapour return pipes that minimise vapour leaks when the pipes are not in use;
submerged fill pipes, so they terminate below the suction inlet used for pumping petrol out of the storage tank;
overfill protection devices (float vent valves) fitted to shut off the petrol flow at the level advised by the tank manufacturer;
overfill prevention devices (mechanical or electronic) that slow delivery of petrol into the storage tank as the level in the storage tank approaches the design fill level – the devices should be positioned to stop the petrol flow before the float vent valve operates;
secure seals on any dip hatch openings;
a pressure vacuum valve and a 10-millimetre orifice in parallel fitted to the storage tank vent pipe. Similar devices are permitted, but will only be accepted by Council where they are shown by an independent certifier to perform the same duty.
Ground Water Monitoring Well
At least two (2) ground water monitoring wells must be installed on site for the purposes of monitoring ground water for the presence of contaminants.
The design and installation of ground water monitoring wells must be by a suitably qualified person experienced in designing and/or installing groundwater monitoring wells.
The location of the ground water monitoring wells must be installed to maximize the likelihood that the wells will intercept contaminated ground water whatever the ground water flow conditions.
The ground water monitoring wells must be:
installed and operational before use of the UPSS commences
sealed to exclude surface water, clearly marked to indicate their presence and properly secured
The ground water in the monitoring wells must be tested for petroleum contaminants immediately after either:
the discovery whether by routine test or otherwise that ground water may be contaminated by petroleum originating from the property
the discovery whether pursuant to the loss monitoring procedure for the system or otherwise that the system has a leak
when requested by Council
De-commissioning of the UPSS
Where more than 2 years lapses since a tank were decommissioned, the UPSS must be permanently removed in accordance with the relevant Australian Standards and Workplace Health and Safety Qld requirements.
Certification must be provided to Council confirming the UPSS de-commissioning was conducted by a suitably qualified and experienced person, and that removal, transportation and disposal was in accordance with the Standards and legislation.
At the time of abandonment of any UPSS the site must be investigated for contamination.  An assessment report must be prepared by a suitably qualified and experienced person ( as required under the Environmental Protection Act 1994) to verify the site has either met remediation criteria or is suitable for continued and future use.  The assessment report must be submitted to Council no later than 60 days of either the:
decommissioning of an UPSS if no soil or ground water remediation is required
completion of any remediation associated with the decommissioning of an UPSS if remediation is required.
All records associated with the decommissioning of UPSS must be maintained for a period of 7 years after removal of the UPSS.  These records must be provided to future owners/operators of the service station and property, as part of ensuring all practicable measures have been implemented to prevent site contamination.
Noise
Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc. on site must be located within the building or suitably provided with noise reduction measures and located to prevent a noise nuisance beyond the boundary of the site and to not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
PERIOD	Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
When requested by Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any complaint (other than a frivolous or vexatious complaint) caused by noise emissions from operations at the premises.
Such monitoring must be undertaken within a reasonable and practicable timeframe nominated by Council and be performed by a suitably qualified person in accordance with accepted guidelines and standards.  The report is to be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice.
For the purpose of measuring and certifying relevant noise conditions and reporting (e.g. mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps, rooftop plant and equipment. etc) a suitably qualified person is either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of three (3) years current experience in the field of acoustics.
Rainwater/Detention Tanks
In accordance with the Public Health Act 2005, rainwater tanks (including the detention tank) must be constructed with mosquito proof screens (made from either brass, copper, aluminium or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve.
Where it is intended to use rainwater for drinking purposes, a suitable treatment system is required to be installed to disinfect or treat the water to microbiological and physical standards as described in the current Australian Drinking Water Guidelines to make it fit for drinking purposes.
Compliance Certification Required for UPSS
Notwithstanding any other condition of this Decision Notice, a Certificate of Compliance issued by a suitably qualified person* must be provided to Council prior to commissioning the operation of the UPSS, that certifies the design, installation, construction and operation of the underground petroleum storage system (Service Station) complies in all respects with the conditions of this Decision Notice and any relevant Australian Standards, Standard Test Procedures and Codes referred to herein.
* A suitably qualified person is a Registered Professional Engineer of Queensland with experience and knowledge in the design and operation of the storage and dispensing of petroleum products and underground petroleum storage systems.
WASTE
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
B.	Find the following are sufficient grounds to justify the decision to approve the Material Change of Use for the Entertainment and Dining Business Type 1 Food and Beverages, Retail Business Type 2 Shop & Type 5 Vehicle Uses despite the conflict with the Planning Scheme:
The convenience shop is well located on Noosa’s major road network to service the convenience needs of local workers and the travelling public.
The food outlet will replace the existing lunch bar and continue to service the workers of the industrial estate without negatively impacting on surrounding uses.
C.	Refuse the Operational Works Application for signage for the following reasons:
The food outlet sign is not proportional to the scale of the building;
The food outlet sign is out of character with and would not contribute positively to the streetscape and surrounding area.

REPORT
PROPOSAL
The application seeks approval for a service station, convenience shop, food outlet and Operational Works for signage. The 290m² building and development comprises:
200m² Coles Express service station tenancy
90m² food outlet
charge station for electric cars, bicycles and motor cycles
4 covered fuel bowsers
photovoltaic cells on the main building roof.
The pay point, convenience shop and food outlet building are sited 6m from the Project Avenue boundary and nearly 44m from Eumundi Noosa Road. The fuel canopy is setback approximately 19m from the Eumundi Noosa Road boundary.
The main building is sited on approximately 3.5m of fill and presents 2 storeys to Project Avenue.  Landscaping and staff car parking are at grade within the Project Avenue setback and the balance of the lot is filled to accommodate car parking and the fuel bowsers.
A total of 19 car spaces are proposed including 4 car spaces within the Eumundi Noosa Road setback with 3.5m of landscaping along the boundary. Figures 1 & 2 below show the site layout and perspectives of the proposal from the street frontages.

Figure 1 – Site layout

Figure 2 – Image on the left is from Eumundi Noosa Road and on right from Project Avenue.
Signage
The proposed signage consists of the following:
1 x 5m high illuminated pylon sign setback 2m from Eumundi Noosa Road boundary,
2 x 1.4m² ‘shell brand’ signs on the facia of the fuel bowser canopy
1 x  6.3m² wall sign on the food outlet tenancy
1 x 1m² ‘Coles express’ sign for the pay point and convenience shop
Figure 3 below shows the pylon sign, food outlet, pay point and shell branding signs.

Figure 3 – Proposed signage.
The application is before Council as the food outlet and convenience shop are inconsistent uses in the Industry zone.
site details
Background
Site Description
The lot has a 40m frontage to Eumundi Noosa Road and 27m to Project Avenue. The lot has approximately a 5 degree (7.5%) slope from the Eumundi Noosa Road to the Project Avenue frontage. An industrial building including a lunch bar, sits level with and towards the Eumundi Noosa Road with hard stand area within this setback. A relatively steep vehicle access from Project Avenue leads to an unsealed parking area which is scattered with trees. Figure 4 below shows the location and some surrounding uses.
Surrounding Land Uses
The site is surrounded by typical industrial uses within the Noosaville industrial area and is located approximately 100m south of the Walter Hay Drive roundabout and directly opposite the recently approved 7-Eleven service station and industrial complex currently under construction.

Figure 4 – Aerial and surrounding uses
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policy
The development is within a mapped potential acid sulfate soils area and triggers assessment against the State Planning Policy in regard to Water Quality.  This aspect is assessed in Section 3.3 of this report, with the development able to comply, subject to appropriate conditions.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies and Regulatory Provisions of the SEQ Regional Plan.
Statutory Instruments – Planning Scheme
The site is located in the Noosaville locality and is zoned Industry.  A service station is identified as a consistent use within the zone but the retail shop and food outlet components are identified as inconsistent uses. The application is required to follow an impact assessable application process.
The service station is adjacent to a major arterial road, being well located to service the high volume of passing traffic and will complement the 7-eleven service station and drive through food outlet under construction directly across the road.
Locality Provisions
Convenience shop
The retail shop component raises conflicts with the uses sought within the zone.  Generally, The Noosa Plan seeks to avoid retail shops (of the type normally expected within shopping centres and retail shopping strips) from the Industry zone.  Overall Outcome 11.8.2 (y) of the Noosaville Locality Code states:
For the Industry Zone—land in this zone—
… is protected for industrial functions including Industrial business Type 2 to the exclusion of incompatible uses including Residential Uses, Community Uses, Commercial business and most sport and recreation uses and Retail business uses;
The retail shop component is an ancillary and commonly expected component of a modern service station development. The convenience retail role of service stations has largely replaced traditional corner stores, which have all but disappeared, and now form an important part of the retail network to meet residents’ needs. The site is located on Eumundi Noosa Road, a major arterial road, and will serve the high levels of passing traffic. At 100m2, the retail shop component will not significantly detract from the site’s overall industrial function, nor the Industry zone more broadly, and is unlikely to have any adverse impact on Noosa’s existing retail centres.
Food Outlet
The proposed food outlet also raises conflicts with the uses sought for the zone. There is an existing lawful food outlet use on-site, which the proposed food outlet would essentially replace, albeit with a 57m² larger floor plate. A food outlet is a common expected component of a contemporary service station development and is unlikely to adversely affect other food outlets within the nearby industrial area and retail centre.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Engineering Works Codes
Landscaping Code
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Safety and Amenity
The proposal is more than 220m from the school and at least 420m from the nearest residential use ensuring health and safety is maintained between the proposal and these sensitive uses.
Probable Solution 30.1 and S30.2 seek that safe and convenient access is provided to the existing pathway network. The development does not provide safe passage, but an opportunity exists along the northern boundary to provide safe pedestrian access. A condition is recommended accordingly.
Car Parking
Table 1 – Car parking analysis
Use	Planning Scheme requirement	Proposal	Complies
Service Station	5 spaces minimum	5	
Convenience shop -  100m² 1 space per 20m²	5 spaces	5	
Food outlet - 90m² 1 space per 10m²	9 spaces 19 req.	9 19 total provided	
The development proposes 19 car spaces, including 4 staff spaces at grade within the Project Avenue setback. A loading zone, air/water, electric charge station and additional car spaces are provided, accessed from Eumundi Noosa Road. The applicant has demonstrated that vehicle manoeuvring areas are sufficient for all vehicles and tankers. The entry driveway provides an on-site queuing length of around 20m which avoids any off-site impacts from queuing.
Landscaping
Table 2 below outlines the landscaping for the site.
Table 2 - Landscaping
Criteria	Planning Scheme requirement	Proposal	Complies
Landscaped open space	10% = 242m²	10.01% = 245m²	
Landscape setbacks	3m to frontage and 2m to car spaces Eumundi Noosa Road Project Avenue	3.4m 0.75	X
The proposal meets the overall quantity of landscaping required but does not propose the required 2m landscaped setback between the staff car spaces and the Project Avenue frontage. The proposed 0.75m of landscaping near the staff spaces is considered to be sufficient to reduce the visual impact of the car spaces within the setback. Furthermore, nearly half this elevation has a 6m landscaped setback where existing mature trees and new landscaping will screen the building.
Stormwater quality
The applicant has demonstrated that the pollutant reduction targets in Total Suspended Solids, Total Phosphorous and Total Nitrogen can be achieved using a Stormwater 360. Stormwater Australia is currently refining the testing methods to ensure modelling strategies for estimating pollutant reduction targets for the proprietary devices are accurate. A condition is therefore recommended to ensure the required pollutant reduction target outcomes are met, whilst allowing for the applicant to change the proprietary device selected.
Overlay Provisions
The site is within a Low Potential Acid Sulphate Soils Area. Given the earthworks required for the underground fuel storage tanks and proposed fill, conditions are recommended requiring further soil assessment and the implementation of an acid sulphate soils management plan as part of any operational works application.
Emissions Reduction Policy
Although the application is not required to be assessed for sustainability targets, the proposed ‘Noosa Energy Centre’ offers an electric charge station and photovoltaic panels which generally aligns with Council’s Emissions Reduction Policy objectives to seek greater efficiency in the use of natural resources by … reducing the amount of electricity and fuel consumed, especially where sourced from fossil fuels.
Signage
The Advertising Devices Code allows the following:
a total sign face area of 10m² per premises
no sign exceeding a single sign face area of 4m² per premises
1 pylon sign per frontage
1 illuminated sign per frontage.
The proposal complies with these provisions except for the indicative food outlet sign which is proposed at 6.3m², exceeding the maximum allowable sign face area of 4m². It is considered the sign is out of proportion to the small scale building and out of character with signage in the surrounding area, as generally small scale signage exists nearby.
cONSULTATION
Referrals
The application was forwarded the following internal Council specialists:
Engineering Officer
Environmental Health Officer
Hydraulics Officer
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. No properly made submissions were received.
conclusion
The applicant has demonstrated the service station can operate without adverse effects on the major road network with safe vehicle and tanker access and the queuing and manoeuvring being wholly within the site. The food outlet is essentially replacing the existing lunch bar and will continue to service surrounding workers and the wider Noosa community. The shop will provide convenience shopping needs without adversely affecting or impacting on the surrounding area.
The following grounds are considered sufficient to overcome the conflict with the Planning Scheme for the inconsistent uses:
1.	The convenience shop is well located on Noosa’s major road network to service the convenience needs of local workers and the travelling public.
2.	The food outlet will replace the existing lunch bar and continue to service the workers of the industrial estate without negatively impacting on surrounding uses.
The food outlet hamper/wall sign does not comply with the Advertising Devices Code and is therefore recommended for refusal.
The proposal does not raise any other significant planning concerns and is recommended for approval, subject to conditions.
Departments/Sections Consulted:
	Chief Executive Officer	X	Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	X	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance		Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	8 NOVEMBER 2016

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	DD MONTH YYYY

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